Can I use already filed employment based I-485 for newly applying I-130?

sarwarmd

Registered Users (C)
Hi,
I am a GC holder thru EB3- employment based. Somehow, my daughters I-485 are got struck and they were seperated when USCIS approved my GC and my wife's.

As per current visa availability, my daughters pending I-485 applications will take years to have them approved.

Last week, we have applied for I-130 thru my wife as a petitioner for my eldest daughter. This is because my daughter is in Senior grade now. Admissions are having issues without a GC. Can you please share on this that how this is going to processed?

Thanks a lot,
 

Jackolantern

Registered Users (C)
How old is your daughter? When you wrote "Senior grade" you mean grade 12? So she's 17 or 18?

Is your wife still a GC holder? If yes, your daughter won't be eligible to adjust status based on your wife's petition for the next 2.5 to 3 years, unless your wife becomes a USC.

Admissions are having issues without a GC.
You mean college admissions? That's not supposed to be an issue for admission. Her pending I-485 is sufficient legal status to attend college and to obtain the in-state tuition rate (provided other criteria are met such as living 1 year in the state). She should not apply as an international student, she should apply as a US resident. What exactly are the colleges saying about her status?

However the lack of a GC or citizenship would prevent her from getting many scholarships.

Who was the primary on your EB3 GC? You or your wife? Are you aware that if the primary becomes a USC, the children's pending derivative I-485's can be denied on that basis due to a strange quirk in the law?
 

sarwarmd

Registered Users (C)
I am the primary on EB3 and now my wife has filed I-130.

Hi Jackolantern,
I appreaciete yourr response. This is my eldest daughter. She is 16+ now and becoming 17 in January.

Yes, my wife is a GC holder.
Regarding the College admisiions, only state funded universities are considering the status of AOS (adjustment of status). We are located in Maryland. Lots of universities are forcing us to submit all the forms as International student.
For example, John Hopkin University, George Washington University are forcing us to apply as International Student. Based on the observations so far, I am expecting that every one expect state funded universities will ask us to follow the foreign channel as an International student.

Lots of scholorsips will expect GC or USC. Only few are not bothered.

I am the primary for EB3. Now I and my wife are having GCs but not our kids. To be safe side, my wife has filed I-130 our eldest daughter.
Thanks a lot,
Sarwar
 

Jackolantern

Registered Users (C)
I am the primary for EB3. Now I and my wife are having GCs but not our kids. To be safe side, my wife has filed I-130 our eldest daughter.
If she's already in her last year of high school, your wife's I-130 definitely won't enable your daughter to become a GC holder soon enough for her to apply to colleges for Fall 2012 admission. As I mentioned above, she won't be eligible for a family-based I-485 based on your wife's I-130 for the next 2.5 to 3 years, unless your wife becomes a USC (and based on your signature it appears her earliest eligiblity for citizenship is August next year).

If you have other children, you or your wife should also file I-130 for them now. If one of you had filed I-130 for your daughter back in 2007 or 2008, she probably would have a green card by now. Don't waste any more time with the other kids' status.
 
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sarwarmd

Registered Users (C)
Appreciate and Thanks a lot

Hi Jackolantern,
Thanks a lot for your information! You are really a helping persons or fathers like me and who are in distrussful state!
Sarwar
 

sarwarmd

Registered Users (C)
Senatory is fillowiing up on my seperated applications of my kids

Hi Jackolantern,
One of the Maryland senators is following up on the seperated applciations of my kids. USCIS has agreed and apologised for the seperated applications. Do you think that I-130 might speed up in any way to have GC approved for my kids.
Thanks,
 

Jackolantern

Registered Users (C)
Speeding up the I-130 won't help much. In order to file the I-485, your daughter would still have to wait for the F2A cutoff date to reach December 2011 (it's currently at April 2009), or for your wife to become a USC.

However, it was wise to file the I-130 since that route may be faster than waiting for your EB3 PD to become current. It's just too bad it wasn't filed years ago.
 
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sarwarmd

Registered Users (C)
It was my mistake

My lawyer informed in 2007. It seems that I ignored his advise by thinkling that it is expensive. Now I am willing to pay the money.
Thanks,
 

sarwarmd

Registered Users (C)
asked me to contact Obdusman

Hi Jackolantern,
When I spoke to Mr. Rajiv Khanna, he has suggested me to contact Obdusman office if the case is not resolved by the Senator office. What is your opinion on this!
As per Mr. Rajiv Khanna, this case should be fixed by Senator or Obdusman office if not by the senatory.
Thanks,
 

Jackolantern

Registered Users (C)
Hi Jackolantern,
When I spoke to Mr. Rajiv Khanna, he has suggested me to contact Obdusman office if the case is not resolved by the Senator office. What is your opinion on this!
As per Mr. Rajiv Khanna, this case should be fixed by Senator or Obdusman office if not by the senatory.
Thanks,

What do you expect them to do? Get USCIS to approve your daughter's pending I-485 when the priority date is not current? They can't do that. None of them, not even a Federal judge can get USCIS to approve her pending I-485 when the PD is not current. It's a waste of their time and your time to seek their assistance for your daughter's case when neither her existing I-485 nor new I-130 are close to being current.
 

sarwarmd

Registered Users (C)
USCIS apologised in one incident

Hi Jackolantern ,
While responding to Senator query, USCIS has apologised and admitted as human contract error. I am trying to stress this is critical turning point for my daughter for her life. Since it is an admitted mistake from USCIS, now they need to help me in resolving my issue.
Is this some thing workable!
Thanks,
 

Jackolantern

Registered Users (C)
Hi Jackolantern ,
While responding to Senator query, USCIS has apologised and admitted as human contract error. I am trying to stress this is critical turning point for my daughter for her life. Since it is an admitted mistake from USCIS, now they need to help me in resolving my issue.
Is this some thing workable!
Thanks,

It's absolutely not workable. USCIS cannot approve an I-485 without a current* priority date, even if they want to. Without the PD being current or close to current, the Senator and Ombudsman can't do anything to help you except give apologies and explanations. Even if you filed WOM in Federal court and the immigration judge agreed that USCIS was wrong to separate your daughter's case and delay it for so long, the judge can't order USCIS to approve the I-485 without a current PD -- USCIS already took the visa number that could have been used to approve your daughter's I-485 and used it to approve somebody else. That cannot be undone.


*there is a sort-of-exception: That is when the PD becomes current, then USCIS assigns a visa number and internally approves the case, but retrogression kicks in before they complete the final steps like issuing the approval notice and ordering card production several weeks later. In such a situation, at the time the GC is issued, the PD is no longer current, but it was current in the recent past. 2007 was the last time your PD was current so this scenario clearly doesn't apply here.
 
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sarwarmd

Registered Users (C)
Hi Jackolantern ,
Thanks a lot for your very valuable comments. I have already submitted I-130 information to the senator office. Once I get the feedback, i will be sumitting to obdusman office.
Thanks,
 

sarwarmd

Registered Users (C)
I-130 category

Hi Jackolantern ,
Yesterday, we have received i-130 receipt. As per that categgory is 203 A2A. Is there any significance of this?
Thanks,
 

Jackolantern

Registered Users (C)
Hi Jackolantern ,
Yesterday, we have received i-130 receipt. As per that categgory is 203 A2A. Is there any significance of this?
Thanks,

They are referring to Section 203(a)(2)(A) of the INA, which defined the family 2A ("F2A") category.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1059.html
Sec. 203. [8 U.S.C. 1153]

(a) Preference Allocation for Family-Sponsored Immigrants. - Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:

(1) Unmarried sons and daughters of citizens. - Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).

(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. - Qualified immigrants -

(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or

Watch the visa bulletin for the F2A date movements. However, your wife will be eligible for citizenship later this year, so your daughter might be able to file I-485 at the end of this year based on her mom's citizenship, instead of having to wait for the F2A PD to become current.
 

sarwarmd

Registered Users (C)
My daughter has pedning I-1485 application since 2005

Hi Jackolantern ,
Thanks a lot.
My daughter already has a pending i-485 application which is applied as employment based dependent for which I am the primary. Can not USCIS use that pending I-485 application instead of applying a new I-485 application?
Thanks,
Sarwar
 

Jackolantern

Registered Users (C)
Hi Jackolantern ,
Thanks a lot.
My daughter already has a pending i-485 application which is applied as employment based dependent for which I am the primary. Can not USCIS use that pending I-485 application instead of applying a new I-485 application?
Thanks,
Sarwar

Yes, after your wife gets citizenship or the F2A priority date becomes current, you and your wife can ask USCIS to interfile the pending I-485 from your I-140 to your wife's I-130.
 

sarwarmd

Registered Users (C)
Do I need to file any another application?

Hi Jackolantern ,
Do I need to file any other application to interfile I-485 from my I-140 to I-130?
Thanks a lot,
 

sarwarmd

Registered Users (C)
I-130 is approved

Hi Jackolantern ,
Our daughter's I-130 is approved but as you said we have to wait until the priority date becomes current. That is what mentioned in the email to Senator.
Thanks,
 
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