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The Consular Processing to Get Immigrant Visa after NIW I-140 Approval

Hi William:

My J-1 visa will end in a couple of months. I have applied for a Green Card through National Interest Waiver by filing the I-140 in 2 months ago. It has been pending at USCIS Texas Service. I need to travel to my home country now. What can I do to make sure that the application NIW I-140 is not considered abandoned, and what steps do I need to take then to go ahead to complete the Green Card procedure? 

My understanding is that applying for the Advanced Parole is futile in my case, but hopefully I am wrong. Your advice is very much appreciated. Thank you,


Since you J-1 visa will end soon and you will be outside of U.S., so you can do "Consular Processing" at your home country to get our Green Card if your NIW based I-140 application can be approved. 

When your priority date is current, it means that there is a visa available for you, and you should proceed immediately to apply for it. This is done by either filing form I-485 Adjustment of Status for those residing in the U.S., or by Consular Processing in your home country. Most people, if residing in the U.S., choose to file Form I-485 Adjustment of Status, because of the convenience of not making an expensive and time-consuming trip back home country. But if you are in your home country, you can go through the "Consular Processing" to get your immigrant visa after your I-140 approval.

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