Q: Currently In USA on B1 visa. Just received the immigration green card interview date in home country. Can I do it here?
I am currently in the USA on a B1 visa. I’ve received a letter from USCIS stating that my family immigration interview is scheduled in my home country within the next 3 months. However, I plan to remain in the USA during this period. Is there a way I can request USCIS to conduct my interview here in the USA, since I am already present?
A: An immigrant who entered the US legally can file a marriage based adjustment of status 485 case inside the USA. You can attach the I-130 receipt approval to the 485. I assume you married a US Citizen?
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A:
Here's a concise response to this immigration law question:
Generally, if you applied for an immigrant visa through consular processing, you must attend the interview at the U.S. embassy or consulate in your home country. USCIS typically does not conduct green card interviews for consular processing cases within the United States.
However, you may have options:
1. You could potentially file Form I-485 to adjust your status if you're eligible, which would allow for processing within the U.S.
2. You might be able to request rescheduling of your interview for a later date.
3. In some cases, it may be possible to request a change of venue for your interview, but this is not common.
It's crucial to consult with an experienced immigration attorney to review your specific situation and determine the best course of action. They can help you understand your options and potential risks, especially concerning your current B1 visa status and your plans to remain in the U.S.
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