Adjustment of status

[jan22 3,049]

4 minutes ago, Crazy Cat said:

Is an I-824 needed to get it back to USCIS? 

Most likely.  That is the only official way to do it that I am aware of.

 

Their lawyer should certainly know what to do -- although he/she should also have known not to file the I-485 until the I-824 had - at a minimum - already been filed.

[EM_Vandaveer 2,408]

9 minutes ago, Crazy Cat said:

Is an I-824 needed to get it back to USCIS? 

yes. Alternatively, go back to finish the NVC process & consular processing.

[jan22 3,049]

9 minutes ago, EM_Vandaveer said:

yes. Alternatively, go back to finish the NVC process & consular processing.

Agree. This is most likely the fastest, cheapest path to take.

[Crazy Cat 41,812]

An I-824 will cost over $400, and it will take a year to process.  I also vote consular processing.  

Edited June 13, 2023 by Crazy Cat

[Verrou 1,962]

7 hours ago, solab said:

i believe the i130 NOA was included in the package. The package was submitted by my lawyer.

did the lawyer give u copy of the package? even my not great ex lawyer's assistant always give me copy of any application that they did for me. 

if you have it, take a look what's been submitted.

 

i agree with others, i-824 take forever and costly, if u still in status, just go back and do consular processing. cheaper as well than AOS

[Redro 4,611]

12 minutes ago, Misscloud said:

did the lawyer give u copy of the package? even my not great ex lawyer's assistant always give me copy of any application that they did for me. 

if you have it, take a look what's been submitted.

 

i agree with others, i-824 take forever and costly, if u still in status, just go back and do consular processing. cheaper as well than AOS

OP arrived on ESTA In January. I think they’ve overstayed… but there should be no ban for overstaying less than 6 months? 

[Verrou 1,962]

15 minutes ago, Redro said:

OP arrived on ESTA In January. I think they’ve overstayed… but there should be no ban for overstaying less than 6 months? 

i know that's for sure applied for B1/B2 visa, not sure how do they treat for ESTA. probably the same.

just no more ESTA i guess?

 

https://www.rnlawgroup.com/esta-extensions-and-what-happens-if-i-overstay-on-esta/

Edited June 13, 2023 by Misscloud

[jakelake 222]

You should be going to visajourney first before you hire a lawyer.

You should NOT hire a lawyer and then go to visajourney for help.

[SalishSea 17,801]

This case is a great example of how sometimes adjusting on ESTA/B2 is NOT a time-saver, and trying to circumvent the queue results in shooting oneself in the foot.

 

ESTA privilege is gone forever as well.

[Bajinga 136]

I-824 is not needed in this case. this is an old thread, commenting to prevent the I824 discussion here from misleading people. As long as the I-485 is filled correctly and I-130 approval notice is attached with the application. USCIS will request the I130 file be transferred back as part of the process. generally the I-485 interview waiting period is so long these days that USCIS will have the file back, so the time impact will be negligible.

 

plenty of people have adjusted based on approved I-130 for immediate relatives on VJ without the I-824 as its not needed. just linking an example below

 

Edited February 25 by Bajinga