Comment by arrowleaf

2 days ago

Curious to know how this will affect immigrants who arrived on a student visa, receive OPT to stay while working, and then subsequently get married. I know many top performers at my company who are in that boat, especially from India, who have built lives here during their OPT + STEM. It would be a shame to lose them if they have to go back to India and wait years (if not decades) for a green card or H-1B.

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arrowleaf

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freediddy  2 days ago

No. This is the last stage of the Green Card process. When you do Consular processing you make an appointment at the US embassy or consulate in your country, go do the interview and then you are granted the GC on the spot. Then you fly back. You don't need to fly back for years, it's only for the purpose of the interview at the consulate.

  • throwaway219450  2 days ago

    IANAL. If you adjust status in the US you can also apply for AP/EAD if your original visa/legal status expires. You can't do that if you opt for consular processing.

    Nothing new there, but under the new rules the former is no longer an option and you'd need to leave immediately. On the plus side consular processing tends to be cheaper and often faster (AOS and all the approvals vs the consular processing fee and a plane ticket).

  • arrowleaf  2 days ago

    What is the typical wait time for appointments when going to consular processing route? My brief searches say anywhere from 2-9 months. 60-90 day NVC review phase, 60-120 day interview scheduling, and then 1-2 weeks once you have the interview. Are you saying that the 120-210 day wait time can happen while you're still in the US?