Is it possible to skip the DS-260 if I am already in the USA?

The EB-2 NIW visa is an interesting alternative for professionals with advanced skills, and many questions arise throughout the process, especially when it comes to switching between consular processing and adjustment of status within the United States. One of the questions that come up is: if you are already in the country, is it possible to “skip” filling out the DS-260? When your situation allows for adjustment of status – through the I-485 form – it is not necessary to complete the DS-260.

The DS-260 is the immigrant visa form mainly intended for consular processing, that is, for those outside the USA. Thus, if you are lawfully present in the United States and qualify to adjust status, this option can be used without the need for the DS-260.

However, it is important to remember that each case has specific characteristics. If your process still requires you to attend an American consulate for the interview and visa issuance, the DS-260 will still be an integral part of the procedure. Therefore, the decision on which path to follow – adjustment of status or consular processing – will depend on your individual conditions and the stage you are at in the process.

Regardless of the procedure adopted, it is essential to strictly follow United States immigration laws. Seek information from reliable sources, consult qualified professionals when necessary, and be cautious with offers promising miraculous results or guarantees, as these may be signs of scams or questionable practices. Staying well informed and acting in accordance with current regulations is the best way to preserve your immigration journey and avoid future problems.

In summary, if you are already in the USA and your situation allows for adjustment of status, filling out the DS-260 may be waived. However, the final decision will depend on a careful analysis of your case. Always seek secure and appropriate information to follow the best path within legal parameters.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.