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

Jackolantern said:
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.
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Most US Representatives and Senators have staff members assigned to various constituent issues, including immigration. When a constituent makes an immigration-related request, these staff members contact USCIS. USCIS has a legislative affairs and liaison office that responds to requests from US Representatives and US Senators. The Congressional staffers don't do the research, but they can ask USCIS to look into the case to see what is going on. It can be much more than just prodding to check the status of a case.

Here is a link to how this works with Congressman Jim Moran's office. He represents the 8th District of Virginia.

http://moran.house.gov/casework.shtml

Senator Jim Webb of Virginia offers a similar service for constituents on his site.

My wife and I had to rely on help from the representative representing our district in Massachusetts years ago. How and what Congressional staffers can do for you all depends on how you approach them and how prepared you are to be persistent, organized, and articulate about the specific issue you need help with. They didn't just check status for us.
 
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Jackolantern said:
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.
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-- No I did not get any email on this info....

-- it was my district congressman's office found out back in Oct 2008 when i wrote to them trying to get my daughter's I-485 straightened out -- i was told it was because the machine could not read my daughter's fingerprints, her card was never made...

-- thank you so very much for guidance and directions.
 
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NewRunner said:
When a constituent makes an immigration-related request, these staff members contact USCIS. USCIS has a legislative affairs and liaison office that responds to requests from US Representatives and US Senators. The Congressional staffers don't do the research, but they can ask USCIS to look into the case to see what is going on.
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And then USCIS will just parrot back the same reason they gave for the denial. They are not going to go to great lengths to research a reason to undo their own decision. Lianlian needs to file a MTR and then contact the Congressman/Senator only if the MTR isn't making progress.
 
Jackolantern said:
And then USCIS will just parrot back the same reason they gave for the denial. They are not going to go to great lengths to research a reason to undo their own decision. Lianlian needs to file a MTR and then contact the Congressman/Senator only if the MTR isn't making progress.
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thank you Jack.
 
lianlian, you do not need DC area attorney, as this (immigration) is a federal matter. I would suggest you contact Rajiv Khanna (host of this forum). Good luck!
 
lianlian said:
-- No I did not get any email on this info....

-- it was my district congressman's office found out back in Oct 2008 when i wrote to them trying to get my daughter's I-485 straightened out -- i was told it was because the machine could not read my daughter's fingerprints, her card was never made...

-- thank you so very much for guidance and directions.
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I am not much knowledgeble on the issue --Just I wish to mention these which you may disucss with your lawyer..
1)I guess,Card production and 485 approval may be actually two different operations.485 approval preceds card production (alloting a visa no.to the approval if at all done ) if in the file can give a point.This need to be checked.
1)a)If Card is not produced for an issue which is not attributable to you --If thereis one like this bring out to the lawyer.
May be CIS delay if any attributable? These to examined by an lawyer for example
2)Please approach a good standing lawyer and ask him if there is a way to bank on Afile findings (of notation of approval or their internal notes to that affect if available) if not -whether it is possible to file 130(you as citizen) with any possibilty of 'nunc protunc' provisions if applicable?
May be this case is not simple and only an expert lawyer who has exposure in these types may be able to help.
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Noe:Not an legal advise.Read it at your own risk
 
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Hi,

What was the final result of this case? I am in a similar situation(although my application isn't denied yet) and was wondering if there was any updates on this ? Also, did you file for your daughter as a follow-to-join, after you got your greencard ? or was that before ? Please let me know. Appreciate your help.

Thanks
lianlian said:
-- No I did not get any email on this info....

-- it was my district congressman's office found out back in Oct 2008 when i wrote to them trying to get my daughter's I-485 straightened out -- i was told it was because the machine could not read my daughter's fingerprints, her card was never made...

-- thank you so very much for guidance and directions.
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Another case of denial for the same reason:
http://forums.immigration.com/showt...i485-denied-USCIS-error&p=2618704#post2618704
My background First: My spouse and I applied for I485 on 2nd Nov2003.(EB3 category). Green card was approved for my spouse on July10th2007. I did not get mine. On repeated calling USCIS, I was told about the cut off dates(as they were not current). I did wait. Last Nov, my spouse became a citizen. Yesterday, I did receive a letter that my I485 is denied as my spouse is a citizen.

Could someone advise as to what my next steps should be .
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