My I-485 and I-131 are pending, but I received an interview letter from the US consulate in Guangzhou, which requires me to participate in an immigration interview at the end of March. I don’t want to lose this opportunity, so I’d like to postpone the interview. Will this delay affect my I-485 processing time? Will USCIS automatically retrieve my file from NVC or the Guangzhou Consulate?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysYou have to elect to either consular process abroad or adjust in the U.S. and pursuing both may be problematic at this stage.
Your adjustment could be denied because you pursuing both so be careful. Make sure you work with competent legal counsel because this sounds very risky.
The consulate can see the adjustment and vice versa.
Lynne Feldman
EB-5 Immigration attorneysWhy do you have an interview in Guangzhou if an I-485 is pending? Sounds like you never notified NVC that you were adjusting status and not consular processing?
David S. Santee
EB-5 Immigration attorneysDepending on your nonimmigrant status, leaving the U.S. may be deemed an abandonment of your application for adjustment of status. You should consult with an immigration attorney before leaving. I would be happy to meet with you to discuss the best course of action.
Tony W. Wong
EB-5 Immigration attorneysIf your I-485 is pending, you should keep your I-485 until it is approved and then you can get your conditional green card (I suppose you are EB-5 petitioner). You may try to contact the Consulate to postpone the interview, but I would like to suggest you just inform the Consulate you have applied for I-485.
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