DS260 form and green card timeline

[User0000]

Hello,

My uncle applied for my mom's green card about 10 years ago.
Recently we received correspondence from USCIS and have submitted the 864 form. I am now in process of completing DS260 form and have couple of questions

1. After DS260 form is completed and submitted, how long (rough estimate) does it take to get green card? After submission of DS260 form, are there any further documents required?
2. My mom visit US after year (for about four to six months). My understanding is that DS260 is when we are doing consular processing. What can we do so she have her interview in US (while she is here) rather back home? Are there any additional forms /documents needed for it?

[rayb]

4000 Guy,

Please see my responses after your questions below:

Hello,

My uncle applied for my mom's green card about 10 years ago.
Recently we received correspondence from USCIS and have submitted the 864 form. I am now in process of completing DS260 form and have couple of questions

1. After DS260 form is completed and submitted, how long (rough estimate) does it take to get green card? After submission of DS260 form, are there any further documents required?

There are two fees to be paid to the National Visa Center, $120 for sponsorship processing and $325 for immigrant visa.
If you have paid these, you must download the cover page for each and submit sponsorship documents (I-864 and support evidence) and civil documents (which may be scanned and emailed or hardcopies to the NVC, depending on your country).

2. My mom visit US after year (for about four to six months). My understanding is that DS260 is when we are doing consular processing. What can we do so she have her interview in US (while she is here) rather back home? Are there any additional forms /documents needed for it?

If you wish to switch to Stateside processing, even though you are almost ready to get an Embassy interview date, you will have to submit an Adjustment of Status package (I-485 and other forms, including sponsorship and immigrant medical exam) with a fee of $1,070.

--Ray B

[User0000]

DS260 form and green card timeline

4000 Guy,

Please see my responses after your questions below:



If you wish to switch to Stateside processing, even though you are almost ready to get an Embassy interview date, you will have to submit an Adjustment of Status package (I-485 and other forms, including sponsorship and immigrant medical exam) with a fee of $1,070.

--Ray B

Hi Ray,

Thanks for the response.
If i want to submit 485 package,

1. Will still need to submit the DS260 form? Will i need to pay other fees ($120+$325) on top of the i485 fee ($1070)?
2. My understanding is that to file i485, the applicant has be in US at time of filing. Is that correct? If yes, then let assume that while the applicant is in US and 485 was filed but the processing is not completed till the six months limit and applicant leaves US. How will it be processed then?

[rayb]

See my responses after each question:

Hi Ray,

Thanks for the response.
If i want to submit 485 package,

1. Will still need to submit the DS260 form? Will i need to pay other fees ($120+$325) on top of the i485 fee ($1070)?

NO DS-260 FORM NEEDED. NO $120 and $325 FEES.

2. My understanding is that to file i485, the applicant has be in US at time of filing. Is that correct? If yes, then let assume that while the applicant is in US and 485 was filed but the processing is not completed till the six months limit and applicant leaves US. How will it be processed then?

THE APPLICANT MUST BE IN THE U.S., AND THE I-485 PACKAGE MUST HAVE THE APPROVAL NOTICE OF ACTION, OR RECEIPT NOA FOR THE I-130 INCLUDED. IF THE APPLICANT LEAVES THE U.S. DURING PROCESSING AND DOES NOT HAVE THE INTERIM ADVANCE PAROLE, THE ADJUSTMENT PROCEDURE IS ABANDONED, AND YOU HAVE TO START OVER.

--Ray B

[User0000]

DS260 form and green card timeline

See my responses after each question:



THE APPLICANT MUST BE IN THE U.S., AND THE I-485 PACKAGE MUST HAVE THE APPROVAL NOTICE OF ACTION, OR RECEIPT NOA FOR THE I-130 INCLUDED. IF THE APPLICANT LEAVES THE U.S. DURING PROCESSING AND DOES NOT HAVE THE INTERIM ADVANCE PAROLE, THE ADJUSTMENT PROCEDURE IS ABANDONED, AND YOU HAVE TO START OVER.

--Ray B

Thanks for response Ray.
One last question....is it recommended/not recommended to convert a consular processing into stateside processing?
Some people dont suggest doing it as if applicant is on visitor visa it should not adjust its status while in US.

[rayb]

Immigration regulations allow for conversion of nonimmigrant visa entrants to Permanent Resident status by immediate relatives.

If any indication is given when applying for or using the nonimmigrant visa that the user will be marrying or staying in the US., the visa may be cancelled.

--Ray B

Thanks for response Ray.
One last question....is it recommended/not recommended to convert a consular processing into stateside processing?
Some people dont suggest doing it as if applicant is on visitor visa it should not adjust its status while in US.