Recently, we have been receiving calls requesting information about attorney certified I-140 (AC I-140)processing abroad. In response, we have prepared this FAQ.

Question: What is "processing on the basis of a copy of an approved petition?"
Answer: Before a consular officer may issue a visa, he or she must have two things: (1) "direct notification" from the INS of the approval of an immigrant preference petition; and, (2) a complete copy of the approved petition. Ordinarily, when consular processing is designated on the petition, the INS will send the approved file to the National Visa Center ("NVC") for further processing. From the NVC, the file will get sent to the overseas consulate for final processing.

In the alternative, consular officers have the authority to accept a complete copy of the file, together with an original I-797 approval notice for the petition in place of the NVC copy. When this is done, it is known as processing on the basis of a copy of an approved petition.

Question: What is an "attorney certified copy (or AC I-140)?"
Answer: The term "attorney certified copy" is another name for "processing on the basis of a copy of an approved petition." There is no other difference. Sometimes, this is shortened to "AC I-140." In fact, few posts require "attorney certification".

Question: Is this legal?
Answer: It most definitely is legal, authorized, and strongly encouraged by the State Department. The State Department's Foreign Affairs Manual (at 9 FAM 42.42) explicitly authorizes this procedure. Some time back, the Secretary of Sate sent a cable to all consular posts instructing them to process cases for residents of their consular districts on the strength of copies.

Question: What is required to proceed?
Answer: The precise filing requirements will depend upon the specific consular post involved. Traditionally, all that has been required has been:
  1. An original I-140 approval notice (form I-797);
  2. An original receipt notice for the filing of an I-824 with the USCIS;
  3. A attorney certified copy of the complete I-140 package; and,
  4. Fully completed forms DS 2001 and DS 230I for the principal applicant and fully completed forms DS 230I for each dependent applicant
As a practical matter, you should be familiar with the specific requirements of each post.

Question: If I haven't filed an I-824, may I do so now and still qualify?
Answer: Yes you may, if you file before asking for this processing. There is no requirement that the I-824 must have been filed before any certain date.

Question: Do I have to have an adjustment of status application on file to qualify to do this?
Answer: No, absolutely not. There is no requirement at all that an application must already have an application for adjustment of status on file, or must ever file one, for that matter.

Question: Will filing an I-824 automatically cancel my pending adjustment application?
Answer: No it will not. The USCIS must send you a letter, asking whether you wish to withdraw the I-824 or the I-485 If that occurs before the immigrant visa interview, then you may withdraw the I-824 and keep the adjustment of status on file. Nothing happens automatically.

Question: Just to be sure, are you saying that I can continue to maintain my adjustment of status while my consular processing is in progress?
Answer: Yes.

Question: How long will this processing take?
Answer: Each post is different. Normal processing can take between two and four months from the time the initial filing is sent to the consulate.

Question: If I have advance parole, and I go abroad for a consular interview, and something goes wrong, can I use the advance parole to return to the U.S. and resume consular processing?
Answer: Yes you can. While the odds of "something going wrong" are very, very small, should this happen you would be able to return with advance parole and resume adjustment of status processing.

Question: Must my home consulate accept my case if I file on the basis of a copy?
Answer: We aren't sure. The September 20, 2000 cable from the Secretary of State makes it clear that if a person is a resident of a specific consular district, that consulate must accept the case and begin processing on the basis of a copy - provided the copy includes all of the materials specified in Question 5, above. At the same time, after the NVC came fully on-line, many posts stopped accepting these cases. We can try, however, without doing any harm to your case.

Question: What about other posts? Will they take "out of district" cases?
Answer: All other posts have been very strongly encouraged to accept "out of district" cases. Still, following September 11th, with heightened security concerns at all U.S. consular offices abroad, most posts are not willing to take out of district cases right now.

We have considerable experience handling these types of cases. If you are interested in pursing this means of obtaining your green card quickly, and would like to discuss having our firm represent you, please call (818-914-6482) and set up a mutually convenient time for us to talk.

Question: What happens if my cutoff date retrogresses before I am interviewed?

Answer: If this happens, you will know at least three weeks before the effective date of the new Visa Bulletin. In that case, if you wish, you may switch over to adjustment of status processing while your priority date is still current.