Consular Processing

[hazelnut07]

The lawyers have checked the box for consular processing in my I-140 application. I asked them and they said it is no big deal, the can easily switch to AOS if needed. I did read about CP and AOS but my question is what can be my lawyer's reason to select CP?

Thanks again.

[txh1b]

CP used to be faster than AOS in the past.

[hazelnut07]

And it is not the case at present?

[txh1b]

You get to use EAD and other benefits during AoS for dependents. No such thing exists for CP. Also, no appeals for CP if denied.

Due to retrogression, it is no longer any different than AOS.

[hazelnut07]

Thanks txh1b.

Along with post here, I had emailed my lawyer asking for a reason. The email said - "We have checked part 4 item 1 in case you want apply at a consulate, since you are in US we intend to file for AoS, but this also gives us another option"

Does this mean it is easy to switch between CP and AoS?

Thanks again.

[txh1b]

Once AoS is filed, switching to CP is little complicated. The other way is still possible provided the CP application is not pending and the person wants to visit and applies for AoS.

Did you not ask your lawyer the same?

[hazelnut07]

I did, but the response was what I mentioned earlier. I have to ask them when CP application goes to the consulate...

I am 99% sure, I won't be visiting my country for CP. Can I ask my lawyers to directly file for AoS? While discussing this with them, I got the feeling that lawyers are the ones who will make this decision.

TIA

[txh1b]

No, you make the decision! Lawyers guide you.

[hazelnut07]

Makes sense.

Thanks.

Also, who files for CP? does USCIS directly send it to consulate in home country because in I-140 application the lawyer checked the box for I-140 or do my lawyers file for CP when numbers become available.

And where can I find the available numbers or quote for consular processing?