Because of the serious and ongoing problems with the adjustment of status program, many applicants are electing to convert to consular immigrant visa processing. This process is not at all difficult. . No matter where an applicant is in the process, it is never "too late" to make this switch. It does not matter that an adjustment applicant may have received and used an EAD or advance parole, he or she is still eligible to apply for an immigrant visa overseas. The largest hurdle to overcome is getting the approved preference petition transferred from the INS to the overseas consulate. Once this has been done, the rest is relatively simple and quick

There are three principal methods by which an approved petition may be transferred overseas to initiate consular immigrant visa processing:

1. The preferred method would be to initially designate consular processing on the preference petition filed with the INS. Since the petitions were poorly drafted and it is not always clear that a petitioner wants the petition sent abroad, the petitioner should write at the bottom of the petition (using a red felt tip pen) "Will not adjust, please send approved petition to the NVC." This should result in the approved petition being sent to the Department of State's National Visa Center for processing abroad. This notation should be placed on all petitions, irrespective of where the person intends to process. Even if the petition goes to the NVC, if the beneficiary of the petition wishes to adjust status, all he or she needs to do is just file an application for adjustment of status. No time will be lost in retrieving the file. On the other hand, if consular processing is not explicitly requested, it could take up to one year for the INS to send the file to the NVC.
   
   
2. If consular processing has not been requested, and the INS retains the approved petition, then it is necessary for the petitioner to file a form I-824 to have the file sent to the NVC. This procedure can be very slow and can take up to one year for the INS to retrieve the file and send it to the NVC.
   
   
3. About two-thirds of the U.S. overseas visa posts are willing to consider opening files on the basis of attorney certified copies. An attorney certified copy is a package that consists of an original form I-797 (notice of approval) for the preference petition, together with a complete copy of the entire preference petition package. If a consular post accepts an attorney certified copy, they will begin processing the case immediately and the applicant can expect to appear at the post to be interviewed within 60 to 75 days of the initial submission.
   
   
4. It is not necessary for applicants to withdraw their pending adjustment applications. Similarly, they need not give up their EAD cards or their advance parole. It will be necessary for them to withdraw their adjustment applications after they receive immigrant visas and return as lawful permanent residents.