Did they deny your child's derivative I-485 when you naturalized?

[Jackolantern]

Was your child's derivative I-485 still pending when you naturalized?

In another thread, this person's child's I-485 was still pending when she became a US citizen. Her green card was via EB2, with the child as a derivative beneficiary. The child's I-485 was filed after her own I-485 was approved.

After she naturalized, USCIS denied her child's I-485 (which was already pending for years) saying the child is no longer eligible for it, because the primary beneficiary is now a US citizen. Now the child is over 21, so it is no longer possible to file a new petition as an immediate relative.

Did any of you have a child's derivative I-485 still pending at the time of your naturalization? Was the I-485 ultimately approved, or did they deny it?

 

[WBH]

In another thread, this person's child's I-485 was still pending when she became a US citizen. Her green card was via EB2, with the child as a derivative beneficiary. The child's I-485 was filed after her own I-485 was approved.

After she naturalized, USCIS denied her child's I-485 (which was already pending for years) saying the child is no longer eligible for it, because the primary beneficiary is now a US citizen. Now the child is over 21, so it is no longer possible to file a new petition as an immediate relative.

Has anything like that happened to anybody here? Did any of you have a child's derivative I-485 still pending at the time of your naturalization? Was the I-485 ultimately approved, or did they deny it?

Never heard of it but it might make sense even it is very unfortunate for
the person and her child

 

[vdostoi1]

In another thread, this person's child's I-485 was still pending when she became a US citizen. Her green card was via EB2, with the child as a derivative beneficiary. The child's I-485 was filed after her own I-485 was approved.

After she naturalized, USCIS denied her child's I-485 (which was already pending for years) saying the child is no longer eligible for it, because the primary beneficiary is now a US citizen. Now the child is over 21, so it is no longer possible to file a new petition as an immediate relative.

Has anything like that happened to anybody here? Did any of you have a child's derivative I-485 still pending at the time of your naturalization? Was the I-485 ultimately approved, or did they deny it?

Is it possible that this is a misapplication of the CSPA?

 

[TheRealCanadian]

Is it possible that this is a misapplication of the CSPA?

I doubt it. No one questioned the child's eligibility under CPSA, because there's a broader question. Do FTJ benefits continue if the primary applicant is no longer a Permanent Resident?

Let's hypothetically say that I get an employment-based GC, but my wife stays home for several years with our infant child (for whatever reason). I decide to abandon my permanent residence by filing an I-407 and run off to, say, Madagascar. Do they still get FTJ benefits?

Do they still get FTJ benefits if I am no longer a Permanent Resident, but instead a citizen?

In the past, the second case was irrelevant because I could simply file an Immediate Relative I-130 for them, and I would expect that a sympathetic IO would merely ask me to do that at the interview, approve it on the spot and then approve the I-485. I'd be out an extra $300, but no big deal.

With CPSA that all changes, because it eliminates the age-out situation. So it's entirely possible for someone to be over 21 and therefore ineligible for the Immediate Relative petition to get stuck by the loss of FTJ benefits. I'm not sure if recapturing the old EB2 derivative date would work for FB1. It's certainly worth a try, but the child may need to spend some time outside the US, since I question whether the FB1 petition would be current, or whether a new I-485 petition can be filed.

Like I said in another thread, this case is beyond obscure. I think a real attorney is required here, not some moron who does little more than fill out forms and cash checks.

 

[lianlian]

I doubt it. No one questioned the child's eligibility under CPSA, because there's a broader question. Do FTJ benefits continue if the primary applicant is no longer a Permanent Resident?

Let's hypothetically say that I get an employment-based GC, but my wife stays home for several years with our infant child (for whatever reason). I decide to abandon my permanent residence by filing an I-407 and run off to, say, Madagascar. Do they still get FTJ benefits?

Do they still get FTJ benefits if I am no longer a Permanent Resident, but instead a citizen?

In the past, the second case was irrelevant because I could simply file an Immediate Relative I-130 for them, and I would expect that a sympathetic IO would merely ask me to do that at the interview, approve it on the spot and then approve the I-485. I'd be out an extra $300, but no big deal.

With CPSA that all changes, because it eliminates the age-out situation. So it's entirely possible for someone to be over 21 and therefore ineligible for the Immediate Relative petition to get stuck by the loss of FTJ benefits. I'm not sure if recapturing the old EB2 derivative date would work for FB1. It's certainly worth a try, but the child may need to spend some time outside the US, since I question whether the FB1 petition would be current, or whether a new I-485 petition can be filed.

Like I said in another thread, this case is beyond obscure. I think a real attorney is required here, not some moron who does little more than fill out forms and cash checks.

anybody know a real attorney in washington dc area who could make this work?

nobody (USCIS) ever warned / informed me that my daughter's case was inked to my LPR status when I did my N400 application...they interviewed me... naturalized me ... and then punished me by doing so…

On the other hand, if USCIS had a right (higher tech) machine that could read my daughter's fingerprints, her green card would have been made...and my daughter should have had her green card since 2007….

where is the justice?

 

[Jackolantern]

I am interested in hearing of anybody whose child's I-485 was pending at the time of their naturalization, and then the child's I-485 later got approved. That would contradict the reason for denial of this case.

 

[WBH]

I am interested in hearing of anybody whose child's I-485 was pending at the time of their naturalization, and then the child's I-485 later got approved. That would contradict the reason for denial of this case.

Jack, is this the only question you have ever asked about immigration?

 

[number30]

anybody know a real attorney in washington dc area who could make this work?

nobody (USCIS) ever warned / informed me that my daughter's case was inked to my LPR status when I did my N400 application...they interviewed me... naturalized me ... and then punished me by doing so…

On the other hand, if USCIS had a right (higher tech) machine that could read my daughter's fingerprints, her green card would have been made...and my daughter should have had her green card since 2007….

where is the justice?

Did you inform this during the citizenship interview? I guess officer could have done some thing.

 

[lianlian]

Jack, is this the only question you have ever asked about immigration?

please be nice...please ... my family is in a very difficult time and really appreciate people who are helping us... can we not use any sarcastic language here in this thread? appreciated.

 

[Huracan]

please be nice...

I don't think WBH wrote it with the intention of not being nice. I think it is more of an insider joke. JackoLantern is most of the time answering questions to people, not asking questions, so this is an extraordinary event

 

[lianlian]

sorry... i am new to this forums....

I don't think WBH wrote it with the intention of not being nice. I think it is more of an insider joke. JackoLantern is most of the time answering questions to people, not asking questions, so this is an extraordinary event

I don't know the background/histroy... and apologize for what I said... sorry again.

 

[NewRunner]

anybody know a real attorney in washington dc area who could make this work?

Ironically enough, this entire forum comes off www.immigration.com, which was started by Mr. Rajiv Khanna, a leading immigration attorney based here in the Washington DC area. I suggest you contact his offices using the Contact Info at www.immigration.com. I know Rajiv Khanna used to have his practice in Arlington, VA.

Mr. Khanna is also known to respond to unusual cases directly, either via web video or directly on his blog. You can certainly ask and see if he responds.

Another reputable DC area immigration attorney is Sheila Murthy who has her own site at www.murthy.com. Sheila Murthy is based in the Maryland suburbs of the Washington DC area.

 

[lianlian]

Where in this world can a victim like my daughter seek justice -- my daughter has been left out without any option by this broken immigration system, ... Anybody know whom and where we could go to for this kind of unfair circumstance and unfair legislation...

 

[NewRunner]

Where in this world can a victim like my daughter seek justice -- my daughter has been left out without any option by this broken immigration system, ... Anybody know whom and where we could go to for this kind of unfair circumstance and unfair legislation...

You can directly contact your US Representative or US Senator. They have staffers who are usually assigned to deal with constituent matters just like this one. It is not such a helpless situation - but you need to start reaching out directly to your representatives in Congress. You can use the following links to start contacting them.

https://writerep.house.gov/writerep/welcome.shtml

or

http://www.senate.gov/general/contact_information/senators_cfm.cfm

 

[Jackolantern]

Where in this world can a victim like my daughter seek justice -- my daughter has been left out without any option by this broken immigration system, ... Anybody know whom and where we could go to for this kind of unfair circumstance and unfair legislation...

There is a distinct possibility that the legislation does not support a denial under the circumstances of your case. And that is the route you and your attorney will need to explore and exploit.

This case is a warning to those who are eligible for naturalization but have a child with a pending derivative I-485 for which you were the primary. If the child is close to 21 or over 21, consider delaying your naturalization until something more definitive is known about cases like this one, otherwise your naturalization could jeopardize your child's green card. If the child is far enough under 21 that you expect to complete the naturalization before their 21st birthday, be prepared to file I-130 and I-485 ASAP if the derivative case is still pending when you become a US citizen.

 

[Jackolantern]

You can directly contact your US Representative or US Senator. They have staffers who are usually assigned to deal with constituent matters just like this one. It is not such a helpless situation - but you need to start reaching out directly to your representatives in Congress.

It would be premature to start contacting the legislators before it is established whether this USCIS decision is legitimate for the circumstances. If the law supports this denial, they can't do anything about it.

 

[lianlian]

There is a distinct possibility that the legislation does not support a denial under the circumstances of your case. And that is the route you and your attorney will need to explore and exploit.

This case is a warning to those who are eligible for naturalization but have a child with a pending derivative I-485 for which you were the primary. If the child is close to 21 or over 21, consider delaying your naturalization until something more definitive is known about cases like this one, otherwise your naturalization could jeopardize your child's green card. If the child is far enough under 21 that you expect to complete the naturalization before their 21st birthday, be prepared to file I-130 and I-485 ASAP if the derivative case is still pending when you become a US citizen.

the online case status for her I485 was "Card Production Ordered" from 10/25/07 to at least 10/17/08... i naturalized on 10/06/08... I stupidly thought her case was approved....

 

[Jackolantern]

the online case status for her I485 was "Card Production Ordered" from 10/25/07 to at least 10/17/08... i naturalized on 10/06/08... I stupidly thought her case was approved....

Maybe it indeed was approved. Did you get a card production email? If yes, the content and detailed headers of the email can be used to help verify that they sent it. Federal government emails are always archived somewhere, so it would be possible to check if they sent an email to you with the specified details.

So you have two major questions that need investigation: (1) was her I-485 already approved before your naturalization, and (2) if it was not already approved, is it legitimate to deny a derivative pending I-485 as a result of the primary beneficiary becoming a US citizen after the derivative I-485 was filed. And as a follow-up to (2), if the denial is not legitimate, get the judge to decide the I-485 in court itself instead of putting it back into pending status for USCIS to review it (and possibly screw it up again).

I'll also add that this case is a warning to those who plan to naturalize soon but have a child's pending derivative I-485 which has been apparently approved according to email or online case status but has not received the physical card nor I-551 stamp.

 

[NewRunner]

It would be premature to start contacting the legislators before it is established whether this USCIS decision is legitimate for the circumstances. If the law supports this denial, they can't do anything about it.

One good way to find out if USCIS made a legitimate decision is to have a Congressional staffer ask USCIS to look into the case. USCIS has an office to respond to Congressional staffer inquiries that is dedicated to just this type of unusual situation affecting constituents.

 

[Jackolantern]

One good way to find out if USCIS made a legitimate decision is to have a Congressional staffer ask USCIS to look into the case. USCIS has an office to respond to Congressional staffer inquiries that is dedicated to just this type of unusual situation affecting constituents.

The Congressman or Senator can prod USCIS to find out whether the case actually was approved back when the case status online showed it, but they aren't going to research obscure laws and court precedents to find out if the denial is legitimate.