Wait for priority date for adjustment of status or return to my home country for consular processing

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I got my I 130 approved, should I wait for priority ( within 1 to 2 years) date in the US and do adjustment of status or go back to my home country and go for consular processing in my home. Note my F1 visa might expired by then. Which is the best option: wait for my priority date in the US (my F1 visa soon considering that I am almost done with school) or go back to my home country and do consular processing when the priority date is current. What are the risk in doing consular processing in my home country. Note: my husband is a permanent resident.

Attorney Answers

3
Tripti Sharma ·
Good idea to timely depart when status expires and consular process. If you overstay, you trigger bars.
0 upvotes
Elizabeth Kozycki ·
If your F-1 status is expiring, you should leave within the grace period of F-1 to your home country and wait for the priority date to become current there. There is no risk in doing consular processing in your home country. Your petition and visa package will likely be sent to the NVC for consular processing anyway.
0 upvotes
Karen-Lee PollakImmigration AttorneyDallas, TX ·
I favor adjustment of status over consular processing where possible but you may have no choice if you are no longer in valid status.
0 upvotes