Derivative applicant approved first?

Y

ycning

Registered Users (C)
I (the primary applicant) filed my EB2 LC-based I485 last May and my wife's last July. The I-140 was cleared on Feb 2005. Today my wife's I485 online status shows that it's approved and the notice has been mailed. But mine status still shows that the fingerprint result has been received. I don't understand why this happens. Does anyone has the same experience?
 
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Dependent I-485s Accidentally Approved First!

A dependent's application cannot be approved until the primary
applicant's application has been approved. In some rare cases, however, the
USCIS accidentally approves the dependent's I-485 application prior to the
primary applicant's application. The CSC recognizes that, unless the
USCIS takes this case to an Immigration Judge for rescission of the
dependent's I-485, the dependent is a lawful permanent resident and has all
the rights of a lawful permanent resident.

It is important to keep in mind that this is the CSC's opinion and may
not be the opinion of a Customs and Border Patrol (CBP) port of entry
inspector. Should the USCIS make such an error, the dependent applicant
should understand the potential risks prior to relying on the lawful
permanent resident status, especially if the person intends to travel
outside the U.S.
 
gc_ssr,

Thanks for the information. What should I do now, call the emergency line or just wait? Really appreciate any input.
 
You may talk to the attorney on what to do. But what I think, it would be wise to wait some more and take decision based on how things are going on.
Because they may be working on your case and may approve your case.
But try to find out any of them in that situataion and what happened to their cases, that would definitely helps you. The update is from Murthy's web site, so I guess some people in that forum may be in that situation. Try to post ur case in their forum.
good luck! And I hope to hear the good news very soon!!
 
The same happened for me - my wife was the derivative applicant.
The very next day I called the same 1800 number and spoke to a representative. She forwarded me to an officer and repeated the whole story. The officer did not give any info but said mine was being processed. She said that sometimes the cases do not get updated on their database. Within a couple of hours I received the approval email.

I would advise you to do the same - it is likely that your cases are approved already, just that you have not seen the updated status. Good luck.
 
Similar Situation

I am in similar situation. My spouse (derivative) was approved last month. I am still waiting for approval. We even got passport stamped for spouse.

I called 1-800 no. As per lady it is pending name check for me.

Its been 1 month. Still No news on my case.

EB3 I-485 RD : March 2004
Priority Date : Nov 2001
I-140 approved : Dec 2004
 
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Congratulations ...

Congratulations for getting the card directly !!

I wish such miracle to happen to me also !!! :cool:
 
ycning said:
I received my card in mail today.
(http://boards.immigrationportal.com/showthread.php?t=166057)

So it turns out for my case, the USCIS system doesn't update the status as it should.
Click to expand...

Congratulations!
so reading your other post, looks like your 485 status is still not showing as approved. Won't you still need an approval letter along with the Green Card? what does your attorney say?

I am in a similar situation, my spouse's derivative 485 got approved on 2/25 and she also got the actual approval letter. No news on my 485. When I called the 800 #, the customer service rep. told me that the case is still being worked on. I just need to wait.
I wonder if you get a different response every time you call.
 
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