deriative applicant

x0w5136

Registered Users (C)
Dear all,

Do you know at 485 stage does INS make distinction between the primary applicant and deriative applicant? I am trying to understand if the primary applicant's case is pending due to background/name check do they process the deriative applicant?
 
They have formula they better know,

personal opinion

Derivate applicant has nothing to do with Primary application to become approval.

Have learned derivate applicant were either denied or issued RFE at time on immg visa in case derivate is outside US. only rare case were denied not becuase sec-check becz of fraudulent suspection.

I und ur question is does primary applicant pettition is delayed becz of depdant applicant. I don't think so.. it might be.... in scenairo of female primary applicant........ but still noone is sure what formula they apply on to whom. put this example. ppl still remember that only SR counrty ppl (MALE only with age range) were asked to come forward and register.

Don't worry this is only personal opinion or scenario. we learned this is counrty where justice is applied without any Discrimination of Athnic/Rel background, Be Hopefull and confident if u are qualified u will get approval.

Good Luck.
 
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x0w5136 said:
I am trying to understand if the primary applicant's case is pending due to background/name check do they process the deriative applicant?

How can they? The derivate's adjustment can only be approved once the primary applicant is approved.
 
My Understanding with his/her quesiton is that he/she is worry/have concern if his/her pettition is delayed/pending because of derivative bg-check, not derivate approval, of course derivate's pettiton is qualified to consider as beneficiary GC pettition once primary is approved


Good Luck
 
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TheRealCanadian said:
How can they? The derivate's adjustment can only be approved once the primary applicant is approved.

But there are cases when derivative was approved months before primary - even though they applied together. Especially I know one case when primary was approved 3 months after derivative's approval - due to security/name check.
 
Pralay has good point.

in most derivate cases both are approve together
does it mean that derivate bg-check not done?
or
done in one day?
or
they put both Pri/der names in name check together? but checked only Primary name in first periority?
or
the Primary applicant has to wait untill result of derivate come (either derivate name came out passed or with issue).

as pralay shared that derivate was approved before primary...... may be they are treating each name as individual name check.


we can guess how that work but can't say sure.



.



.
 
I have heard different stories

I was thinking that the primary has to be approved first all along until yesterday. I have no doubt that anything can happen with the way things are done around INS. But my question is what the official rule is?
 
Read this and bottom link and share with us what u understand the USCIS policy.

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Overview of Immigration Process

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.
The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.
If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

-------------------------------------------------

for more detail read this and share with us what u understand

http://uscis.gov/graphics/faqsgen.htm#derivative



Good Luck
 
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