Can they approve dependant case while primary is in pending

G

GC_PATIENT

Registered Users (C)
Hi,

Yesterday my wife called NSC and the rep is saying it's waiting for officer review and my case is still in security check.Can they approve dependant case while the primary case is in pending.


EB3 ,India,NSC
Labor PD: Feb 2001
I140 AD :Sep 2005
I485,I131,I765 FD:May 2006
FP :July 2006
AC21:Feb 2007
2nd EAD and AP Renewal Apllied Date:Feb 2007.
I140 LUD :11/04/07
I485 Luds:12/28/2006,12/29/2006,
SR1 Luds :06/28/2007,06/29/2007,06/30/2007.
SR Request response(06/19/2007 ):It's in Name check
Senator's Office response(10/22/2007): It's in Name check
Contacted NSC through POJ on 12/19/2007:Still in name check
Sent a letter to Congress man on 11/29/2007:Still in Name check(01/08/2008)
Address Change Lud :01/08/2008
Sent a letter to First lady :Waiting for response
I485 AD ??????
 
GC_PATIENT said:
Hi,

Yesterday my wife called NSC and the rep is saying it's waiting for officer review and my case is still in security check.Can they approve dependant case while the primary case is in pending.
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No they can't approve it but they can pre-adjudicate her case up to the point of adjudication. That way, when the visa number is available and you are approved, all they have to do is approve the case without further processing.
 
Yes they can.

USCIS can approve dependent I-485 before primary approval. However if the primary's I485 does not get approved within one year then dependent I485 may be revoked. Not sure about this rule but I read in this fourm.

Note: I possess no legal experience and my comments are purely based on what I came across in immigration fourms like this.
 
CaliGC said:
USCIS can approve dependent I-485 before primary approval. However if the primary's I485 does not get approved within one year then dependent I485 may be revoked. Not sure about this rule but I read in this fourm.

Note: I possess no legal experience and my comments are purely based on what I came across in immigration fourms like this.
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I think think this is untrue. The case officer called us and recommended us to swap the primary as my husband due to his security check. i got approved as soon as i become the primary. we both submitted 485 from different firms
 
Thanks for the info.

This is news! I was not aware that the Primary and dependent can be 'swapped' correct me if I'm wrong.

However imagine a situation, The dependent gets approved when the PD is current and primary is pending because of some checks.... later the PD gets retrogressed and Primary does not stand a chance to get his approval within a year. In this condition I was explained that approved dependent GC 'MAY' be withdrawn.

Again: I'm not a lawyer and possess no legal qualification.
 
This is the first time I am hearing about "swapping" primary and secondary, and also the one year rule. Where is this documented?

Does Rajiv do free concalls anymore? This would be a good topic to bring up.
 
i was approved as primary. The situation was:

my spouse filed eb-3 and tagged me as dep. After couple of years, i filed eb-2 tagging him as dep. We both got into 485 stage. When my file was approved, eb-3 was not current for us however eb-2 was, so we dropped his case and only kept mine alive. I got the card in one week as soon as we dropped his case.
 
only by mistake

Theoretically it is possible but only by mistake, I read about it.

I think when it happens it depends either primary got approved during reasonable time or dependants approvals revoked. But it can happen only if they do it in error.

I heard several stories that recently USCIS revokes green card which were issued in error.

One guy got green card, actively used one, in one year they send letter to him that he must return his green card because it was issued in error and his security check is not completed yet.
 
sfmars said:
Theoretically it is possible but only by mistake, I read about it.

I think when it happens it depends either primary got approved during reasonable time or dependants approvals revoked. But it can happen only if they do it in error.

I heard several stories that recently USCIS revokes green card which were issued in error.

One guy got green card, actively used one, in one year they send letter to him that he must return his green card because it was issued in error and his security check is not completed yet.
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My husband is still waiting for his card due to bc. It is simply multi-485s. Lots of people are doing this. Then you can pick the best case for yourself.
 
nonogc said:
My husband is still waiting for his card due to bc. It is simply multi-485s. Lots of people are doing this. Then you can pick the best case for yourself.
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Your husband is waiting as your dependant in EB2 category.
You got your approval in EB2 as primary. As you said you dropped his EB3.

It would be related to the topic if you received approval in EB3 as dependant but your husband stuck in EB3 as primary, or your husband got approval in EB2 as your dependant but you stuck in EB2 as primary.
 
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