Current dates in ATL

S

shahd1

Registered Users (C)
Hi,

I and my son have received GC, however my wife had a little tricky RFE. As per my lawyer the Texas center is issuing those RFE's by wrongly interpreting the law. (I can provide the detail if someone is interested).

We submitted the response to RFE in July 2004 and on July 26,2004, Texas center posted the following on the web site:

On July 26, 2004, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in ATLANTA, GA for them to schedule and conduct your interview. Scheduling can take several months. Our office in ATLANTA, GA will notify you when they schedule your interview or take other action on your case. If you need further information, please call the National Customer Service Center at (800) 375-5283.

She is a dependant case on my case and her RD is Dec 5th, 2001. The new ND is July 26,2004.

I have two questions:

1. What's the date applicable for waiting for interview - RD (12/5/2001) or new ND (7/26/2004)?

2. What's the current processing date - does anyone know?

Regards

-Shahd1
 
poongunranar said:
Please go ahead. I am interested.
Click to expand...

My wife entered in US in March1999 initially based on her H4 visa which was issued in Bombay. I was already in US then. We left for vacation to India in November 1999 (we submitted copy of her I-94 to airline as per the law and unfortunately did not keep copy of her March 1999 I-94). We entered back in US in December 1999 and we do have her copy of I-94 which was valid till March 2001. Then we extended her visa and H4 based on my new employement (in Jan 2000) and new I-94 was valid till September 2002. Our I-485 was filed in December 2001. Texas center sent us an RFE for her for us to prove that she maintained her legal status between March 1999 and November 1999. Which she did, however, we do not have copy of her I-94 for that time, we have stamp in her passport showing she entered US in March 1999 legally with valid visa.

As per my lawyer, section 245(k): (Also see:

http://www.indolink.com/Law/newINS.html)

This section of law allows an intending immigrant to apply for adjustment of status under section 245(a) without payment of a fine if (1) they qualify under certain employment-based categories, and (2) have not out-of-status for an aggregate peeriod of 180 days.

At the above-referenced meeting, the INS agreed that the 180 days applies only to days after the alien's last admission to the U.S.

As per the lawyer, as my wife's last entry was December 1999 and as we have copy of her I-94 for that time which got extended to Septemebt 2002, she was in status when we applied for her I-485 in December 2001 and Texas center should not even have sent an RFE. As per AILA, Texas still is sending RFE by not interpreting this section correctly. We sent some supporting documents from Nebraska Service center which states this facts too.

Sorry for the long story. Hopefully it's clear.

Regards

-Shahd1
 
shahd1

Thanks for your painstaking efforts to clarify the same. RFE is issued if the officer has the slightest doubt regarding a case and if this conviction firms up there is no other recourse than passing the buck to the local-office. Have the documents in order and since you are well aware of the Immigration statutes revolving around § 245(i), you will be able to adequately depose before the officers during the interview. I mean, at least your wife should be able to defend herself clearly, else, just have your attorney assist her during her interview.

Usually, most of the local-offices go by the original RD/ND and not the TD.
 
Does it help to call the Congressman to help? Any ideas on where does the ATL office stands on these dates?
 
ATL processing : RD of end of OCT 2002

shahd1 said:
Does it help to call the Congressman to help? Any ideas on where does the ATL office stands on these dates?
Click to expand...

I have ID scheduled for Dec 2nd week. Details are in signature.
 
You must log in or register to reply here.
Top