Overseas immigration visa? Adjustment of status? Which is better?
A reader asks:
When I submitted my I-140, I chose IV at the suggestion of my lawyer, which means I will have an interview in Guangzhou. But I have actually been in the United States and I don’t plan to return to China in the future. So, can I change it to submitting I-485 in China? If so, when should I submit it? The problem now is that I recently had an I140 with a very late PD (PD is not C) passed, but I found that when I checked the case status, it showed that the case was sent to the State Department. I am confused, does this mean that I will have to go back to China and go to Guangzhou to apply for an immigrant visa in the future?
Mr. Alan Lee Esq. answers：
The initial question should be why your lawyer advised you to choose immigrant visa processing rather than adjustment of status. If the lawyer’s advice is sound, then it may be detrimental to you to try adjustment of status. You should probably have another discussion with your attorney before making a decision to switch to adjustment of status. Procedurally, it does not matter much that the I-140 petition is now with the State Department. If it makes sense for you to adjust status, you can file form I-485, and USCIS will generally recall the approved petition from the National Visa Center. You or your lawyer can also attach a statement on the I-485 application that your approved I-140 petition is now with the National Visa Center and asking it to request NVC to return the petition.