My I-140 priority date is current, but I am not in the U.S. Can I still file my I-485? If so, do I file it at the consulate?

Answer

Generally speaking, one must be in the United States in valid status to file an I-485. Otherwise, one typically would apply for an immigrant visa at a U.S. consulate.

An I-485 is not used when applying for an immigrant visa at a consulate. Depending on the circumstances, it may be necessary to file form I-824 with the USCIS to convert the case from adjustment of status to consular processing. (24.Sep.2020)

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