Help with I-485 processing/procedure

[concernedplshlp 0]

I need information for a friend going through the process of obtaining a greencard. This is the information I know. His mother is a U.S. citizen. His brother is a U.S. citizen because he was under 18 when they moved to the U.S. He had a student visa and then upon graduating, a work visa for one year. Through this time he has been applying for permanent resident status. Initially he thought because he was able to get a one-year work visa, his greencard would be finished processing by the time his work visa expired and he wouldn't have to got back to his home country (England). Later he found out he would have to go back to his home country for three months while the process is completed. As far as I know he has completed all of the steps up to the interview and is waiting to be contacted regarding the interview. However, it has now been four months. Here are some questions I have. He was told there was no way he would be able to stay in the U.S. since his work visa expired before the greencard process was complete. However, I haven't read any posts from other people who were deported during the final phases of processing. From my understanding, people applying for adjustment status only leave the U.S. if they choose consular processing? Is this true or are people forced to leave when their visa expires regardless? Also, I was just wondering if the processing times on the website are acurate. If the people at the processing center said three months and the website says processing times are four months, is it normal to wait beyond four months? The main question is that my friend does not have his receipt number (which I know sounds incredibily irresponsible) what does he need to get his receipt number? Can he get it by calling USCIS? I know there are a lot of questions here, but I'm just trying to get a better understanding of the process and how much longer he will have to wait as it is past the four month point and the not knowing has become very stressful for him. Any help anyone can provide would be greatly appreciated.

[Brother Hesekiel 2,236]

How old is your . . . um . . . "friend?"

[JimVaPhuong 4,863]

I need information for a friend going through the process of obtaining a greencard. This is the information I know. His mother is a U.S. citizen. His brother is a U.S. citizen because he was under 18 when they moved to the U.S. He had a student visa and then upon graduating, a work visa for one year. Through this time he has been applying for permanent resident status. Initially he thought because he was able to get a one-year work visa, his greencard would be finished processing by the time his work visa expired and he wouldn't have to got back to his home country (England). Later he found out he would have to go back to his home country for three months while the process is completed. As far as I know he has completed all of the steps up to the interview and is waiting to be contacted regarding the interview. However, it has now been four months. Here are some questions I have. He was told there was no way he would be able to stay in the U.S. since his work visa expired before the greencard process was complete. However, I haven't read any posts from other people who were deported during the final phases of processing. From my understanding, people applying for adjustment status only leave the U.S. if they choose consular processing? Is this true or are people forced to leave when their visa expires regardless? Also, I was just wondering if the processing times on the website are acurate. If the people at the processing center said three months and the website says processing times are four months, is it normal to wait beyond four months? The main question is that my friend does not have his receipt number (which I know sounds incredibily irresponsible) what does he need to get his receipt number? Can he get it by calling USCIS? I know there are a lot of questions here, but I'm just trying to get a better understanding of the process and how much longer he will have to wait as it is past the four month point and the not knowing has become very stressful for him. Any help anyone can provide would be greatly appreciated.

He can't adjust status from abroad, so he's probably waiting for a visa interview.

If he had valid status when his AOS application was accepted by USCIS then he could have waited in the US until a decision was made on his green card. AOS applicants are in a period of authorized stay while their applications are adjudicated. Some visa holders (K3, H1, and a few others) can leave the US while their AOS application is pending. Anyone else effectively abandons their AOS application when they leave the US.

On what basis was he applying to adjust status? What sort of visa is he applying for now?

[concernedplshlp 0]

He can't adjust status from abroad, so he's probably waiting for a visa interview.

If he had valid status when his AOS application was accepted by USCIS then he could have waited in the US until a decision was made on his green card. AOS applicants are in a period of authorized stay while their applications are adjudicated. Some visa holders (K3, H1, and a few others) can leave the US while their AOS application is pending. Anyone else effectively abandons their AOS application when they leave the US.

On what basis was he applying to adjust status? What sort of visa is he applying for now?

I believe he's applying for a greencard based on his mother being a citizen. I was under the impression he had already completed step one of filing the I-130 and had moved on to step two of filing the I-485 for adjustment of status. He had a student visa and then a work visa which expired after a year. While he was here under the other visas he was already going through the process of applying for a greencard. When it was nearing the time his work visa was set to expire he had a meeting with the local immigration center and they said he would have to leave, but would be back in approximately three months, after he received an interview and was accepted. They said there was no way he would be able to stay here while it was processing. I don't know the formal terminology and names. Honestly neither does he because it's being handled by his mother. But let me see if I understand what you're saying, if he was here on a work visa and was going through the I-485 process, he should've been able to stay in the U.S. while it was being completed? Do you know of any reason he would've had to leave? I appreciate your help.

[concernedplshlp 0]

Ok after doing some more reading I think I understand this better. I think he is doing consular processing. Now what I'm still confused about is why he would be forced to do consular processing if he was already in the U.S. From what I've read, people choose to do consular processing.