Accompanying and Following to Join: An Overview

PrinceofJungle

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Accompanying and Following to Join: An Overview

The Immigration and Nationality Act (INA) provides that the spouse or child of a preference immigrant can often "accompany" or "follow to join" the principal alien. What exactly that means, however, and in what contexts the concepts operate, can be confusing. This article provides an overview on this topic.

Overview

"Accompanying" is a term of art. An alien derivative can be defined as "accompanying" the principal if he or she entered the United States in the personal company of the principal, or if the derivative is issued an immigrant visa within four months of either the principal’s date of visa issuance, adjustment of status, or personal appearance and registration before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. "Following to join" "applies to a spouse or child who derives immigration status and a priority date from a principal applicant spouse or parent" as defined by the statute. There is no time limit for a follow-to-join beneficiary to seek visa issuance and admission.

Retaining the principal alien’s priority date is one of the main reasons that "accompanying" or "following to join" is preferable to filing a separate visa petition. The derivative can use the principal immigrant’s priority date regardless of the length of time between admission of the principal and visa issuance to the beneficiary. Also, derivatives can follow to join even though that they were not named on the principal’s visa petition. Moreover, a derivative beneficiary does not have to actually "join" the principal in the United States; he or she can reside anywhere in the United States.

Legislation adopted in 1986 imposed certain restrictions on immigration benefits obtainable through marriage to a U.S. citizen or a resident alien. Those restrictions do not apply, however, to the spouse or child of a preference immigrant who obtains derivative status upon the approval of the principal alien’s visa petition under one of the preference categories.

Employment and Family-Based Immigrants

Relationship Requirements

To be eligible to accompany or follow to join, a few criteria must be met. The spouse and/or child must meet the statutory definition of "spouse" and/or "child." This precludes, for example, children who are married, unmarried children over the age of 21, spouses joined by proxy marriages that have not been consummated, and homosexual spouses.

The requisite spousal or parental relationship must have existed before the principal alien’s admission to the United States. Thus, a child who is adopted after the principal’s admission does not qualify for this benefit. However, a child qualifying as an adopted child under INA § 101(b)(1)(E) after the principal alien’s admission but who was adopted and was a member of the principal alien’s household before the adoptive parent’s admission to the United States, is considered to have been acquired before the principal alien’s admission.

Children and spouses acquired between the time of visa issuance and an alien’s admission are eligible for these benefits. And a child born of a marriage that existed at the time of the principal alien’s admission is considered to have been acquired before the principal alien’s admission.

In addition, the requisite spousal or parental relationship must persist both at the derivative’s visa issuance and his or her admission to the United States. Thus, a qualifying familial relationship that is terminated due to death, "aging out," divorce or other events no longer entitles the derivative alien to accompanying or following to join benefits.

A few other timing considerations should be noted. A derivative who precedes the principal alien to the United States cannot be classified as an "accompanying" beneficiary. One appellate court ruled that the statute’s explicit language is designed to ensure that those derivative aliens cannot exercise their right to enter the United States until the principal alien has actually entered. This ruling has since been distinguished by the Board of Immigration Appeals, which held that a derivative cannot precede the principal alien to the United States as an immigrant, but may be eligible to "accompany or follow to join" as a matter of law if he or she preceded the principal to the United States as a nonimmigrant.

Section 245(i)

Between 1994 and 1997 certain aliens who did not qualify for adjustment of status under INA § 245 nevertheless could do so under INA § 245(i). In November 1997, Congress enacted a law ending § 245(i). The law, however, grandfathers aliens in the United States for whom an immigrant visa petition or labor certification was on file by January 14, 1998, and any spouse or child accompanying or following to join the principal applicant.

The INS has stated orally that spouses or children accompanying or following to join a grandfathered alien are eligible to adjust under INA § 245(i). Therefore, even if the individual was not a spouse or child as of January 14, 1998, he or she can adjust under § 245(i) if he or she is a spouse or child at the time of the principal’s adjustment. The INS has not yet confirmed this position in writing, however.

Those Ineligible to Accompany or Follow to Join

Parents of intending immigrants or children of derivative children cannot be classified as derivative aliens. It also should be noted that an immediate relative cannot be a derivative on the petition of another immediate relative. As previously stated, those who lose derivative status are no longer eligible to accompanying or following to join benefits. And those who precede the principal alien to the United States as an immigrant are not eligible for these benefits.

Read more
http://www.twmlaw.com/resources/general25cont.htm


Good Luck
 
Hi Poj


When the I 824 is approved and cable sent to consulate apparentley the dependant has to apply to complete process



Do you know what the dependant needs to do? I have tried to find info on both UCIS and London consulate web site but cannot find info


My son was approved Aug 2004 and cable sent to London on that date. My son has been waiting for the Consulate to write to him with further instructions since that date

He sent certified (with copy approval etc., ) letter to London on 21st Jan 2005 but as yet no reply!!

The London consulate will not accept phone calls, will not allow you to make an immigrant visa appointment (unless invited to do so) All anyone can do is send a letter or e-mail and they then do not bother to answer you. I did find a fax number but they do not reply to that either

I have posted this also on another thread. But more relevant it goes here

Regards Sue
 
Yes I remember that,,,,, ummmm some Embassy work in different way and some time it may be difficult to get reply quickly from them, but I would like to encourage don't give up and sit, keep trying continusly.

Be hopeful and keep try,

I know you have tried many many times that, and run out of options. it is frustrated situation for u and ur family.

Sometime in life things doesn't go the way we expect and want it, we don't know why, but God knows that, and there would be some good reason for that. all you need is to do whatever struggle you can do, pray and pratice your faith, and make your faith more stronger on God, think in this way that if God has written G.C in your son's Luck it would come on right time.

Wish u good luck. plz keep us update. :D



This is another little hope to try, they are saying u can't reach them from outside UK. ask ur son to make conference call and u talk. see if work.

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If you have visited our website and your question remains unanswered, you may either contact our Operator Assisted Visa Information Service or write to the Consular Information Unit

Operator Assisted Visa Information Service: Call 09055-444-546 Monday through Friday, between 8.00 am and 8.00 pm, and Saturday, between 09.00 am and 4.00 pm. The service is not available on British public holidays. Calls to this line are charged at £1.30/min from BT landlines. Some mobile and network providers may charge more. In addition, callers from outside the United Kingdom and some mobile and network providers cannot access this number.


http://www.usembassy.org.uk/cons_web/visa/contact.htm#phone
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Read this too ----
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The general telephone number of the Embassy is (+44)(20) 7499-9000; the consular section has its own fax number, which is (+44)(20) 7495-5012. Telephonic information regarding visas is available to the general public in the United Kingdom by calling 09068-200-290 (calls cost 60 pence/min.), 24 hours a day, seven days a week. This is a toll number. Appointments for NIV interviews by a consular officer should be made by calling 09055-444-546 Monday through Friday between 8:00 am and 8:00 pm, and Saturday between 10:00 am and 4:00 pm. (Calls cost £1.30/min.) The service is not available on British public holidays. A live operator-assisted information service is also available at this toll number. Toll numbers are only accessible by calling from within the United Kingdom. One may also obtain a written response to information requests by writing to: (The Consular Information Unit, United States Embassy, 24 Grosvenor Square, London W1 1AE, U.K (a stamped, self addressed envelope must accompany the request) or by faxing (+44)(20) 7495-5012 (faxes are treated as letter correspondence and responses are sent in order of receipt).

As a general rule, it is preferable to fax the appropriate consular unit (or individual officer) in advance of a telephone inquiry advising of the particular issue and when you are likely to call. Faxes of more than three pages are discouraged. The Consular Information Unit handles virtually all visa related inquiries. The Embassy discourages inquiries by courier even if prepaid as courier deliveries may be refused by Embassy security officials. In correspondence regarding immigrant visa (IV) cases, it is prudent to ensure that the London case number is always referenced. The Embassy has provided information about Visa Services on its excellent web site home page at www.usembassy.org.uk. London is one of the largest nonimmigrant visa (NIV) issuance posts in the world.

The Embassy does respond to e-mails and this is the best form of contact. Inquiries and questions should be sent to LondonConsular@state.gov. The Embassy receives about 10,000 e-mails a month and they do try to respond as quickly as possible.

As with all Consulates, local procedures and policies often change. Attorneys should confirm the continuing accuracy of the information provided herein and update as and when required.

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Also check the following fourm u may need to search,
before u click the link plz turn on browser popup blocker it seems when u open the link that fourm sent lot of adv in ur browser.

http://britishexpats.com/forum/archive/f-34.html

Good LUck
 
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Hi Poj


Thank you so much your kind words mean so much to me


I will ask my son to call tomorrow whilst I am on the line to him in the UK and him ringing them on another line. My son will ask for a conference call but I doubt this would be possible


I will report back tomorrow


Bye the way I had meeting with Senators office last friday. As I have already conntacted Congressman she is to speak to him and also lobby London/Texas/NVC and has assured me that she will see this case through to the end!

She was amazed at the trouble we are having. The senator (Mr Martinez) apparently is a personal friend of Bush, so who knows maybe he could just pick up the phone to him?

Regards Sue
 
Hi Poj


Update

Son telephoned the 1 pound 30 pence a minute call number in London today

Here is update

1. No conference calls are possible. Asked to speak with an immigration officer not possible. So just a call centre like the 1 800 number

2. They have not set up a case number yet

3. You are not allowed to book an appoinment for immigrant visa .You have to wait for them to write to you with an appointment. You may only book a NON immigrant appointment

4. Any questions or problems you have to put in writing.

We DID! 21st Jan sent certified mail, same date faxed the same enquiry (both with documents) on 21st March sent e-mail as follow up


No one has repiled to any of the above.


The only two options is

1. Wait and see if Senators office gets anywhere
2. Sue the BCIS

We did a case status enquiry with Texas also on 21st Jan 2005 via Congressmans office (with documents.)

The reply was same as on web site. The only difference was in the last sentence which said

#We do not send file to consulate in a follow to join case. We first send notification that Principal has been approved and then the DEPENDANT HAS to apply at the consulate#

I cannot see anywhere either on BCIS or London embassy web site EXACTLY how dependant is supposed to do this

Will update when any news as at least others may know what to expect

Regards Sue
 
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Can anyone help me out with I-824. Our I-824 petition has been approved since July 28, 2020 but have not yet did our interview. We contacted the consulate but they told us to contact NVC about the case. Up to today's date, we have not heard anything back.

Any experience?
 
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