CHANGING FROM ADJUSTMENT OF STAUS TO CONSULAR PROCESSING
Processing Procedures
Form I-824 is used to request action on a previously approved petition. It has several uses. For example, if an alien loses an approval notice, he can file an I-824 to request that an additional approval notice be issued. The I-824 can also be filed to request that U.S.C.I.S. notify a U.S. Consulate in a foreign country that an alien’s status has been adjusted to that of Permanent Resident, so that his or her family members may obtain immigrant visas from the consulate.
The I-824 is perhaps most commonly used to request that an I-140 previously approved for adjustment of status be sent to the National Visa Center to begin consular processing. The Form I-140 asks the petitioner to select whether the alien will adjust status or consular process. If consular processing is selected, the application can be changed to adjustment of status without filing the I-824; all that is required is to file an I-485 application with U.S.C.I.S. and they will call the I-140 petition back from the National Visa Center. But if adjustment of status is selected initially on the I-140 petition, then an I-824 application must be filed in order to change from adjustment of status to consular processing.
In theory, U.S.C.I.S. is supposed to adjudicate the I-824 application, issue the applicant an approval notice, and then transfer the previously approved I-140 petition to the National Visa Center so that consular processing can begin. However, U.S.C.I.S. is so backlogged in I-824 processing that it literally takes years to approve an I-824 petition. This makes it entirely unreasonable to file an I-824 application under normal circumstances: the reason that applicants usually file I-824 applications is to switch from adjustment of status to consular processing because consular processing is quicker. If the I-824 processing takes too long, it is pointless to make the change.
Because of the delay in I-824 processing, the Department of State has instructed consulates by cable to implement special procedures to speed up processing in cases where I-824 applications have been filed. These special processing procedures vary from consulate to consulate, but in all cases allow the alien to begin consular processing after the I-824 receipt notice has been issued but before the I-824 has been adjudicated.
In most cases, consulates instruct the alien who has filed an I-824 application to submit the following directly to the consulate along with the regular consular processing application materials:
(1) The I-824 receipt notice;
(2)A copy of the previously approved I-140 petition;
(3) A copy of the I-140 approval notice; and
(4) Evidence that the alien’s last residence abroad was in the country in which he is submitting the consular processing application.
The consulate then assigns a case number and schedules the applicant for an interview. This method of consular processing has the distinct advantage of bypassing the National Visa Center all together and thereby shaving a couple of months off of the normal processing time for consular processing.
While this is the procedure used by most consulates, it is vital to check with the consulate either by e-mail, fax, or phone, prior to submitting the particular consulate that will process the application based on a pending I-824. An alien could experience serious processing delays if the application is submitted incorrectly.
The consulate in Montreal, Canada has implemented unique I-824 processing procedures. Rather than bypassing the National Visa Center, they require the alien to submit a certified copy of the I-824 receipt, certified copies of the I-140 petition and approval notice, and evidence of residence in Canada to the National Visa Center. The National Visa Center then reviews these documents along with the rest of the consular processing application and if the application is complete, schedules the appointment and then forwards the case along to the consulate.
The U.S. Consulate in Montreal is the only consulate for which the National Visa Center actually schedules the applicants’ immigrant visa appointments. For all other consulates, the NVC simply reviews the application materials submitted by each applicant and if complete, forwards them to the consulate abroad. The fact that NVC schedules Montreal’s appointments may account for the fact that Montreal does not bypass NVC in processing I-824 applications.
