I-485 follow-to-join

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Brian Lee

Registered Users (C)
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My mum received green card approval based on employment on last year April 2008.
My dad, who is in the state, filed I-485 follow-to-join on July 2008 to Nebraska Immigration office.
Anyone know how long it takes for my dad I-485 process?
Also, where should i check the processing time and under which category?
 
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Brian Lee said:
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My mum received green card approval based on employment on last year April 2008.
My dad, who is in the state, filed I-485 follow-to-join on July 2008 to Nebraska Immigration office.
Anyone know how long it takes for my dad I-485 process?
Also, where should i check the processing time and under which category?
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Average processing time is 6 month. Did you get a receipt for your filing?
 
Brian Lee said:
Anyone know how long it takes for my dad I-485 process?
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It depends a lot on the priority date. His priority date and preference category would be the same as your mother's, and the approval will not happen before the priority date is current. If the category is EB3, the approval will not happen before October, because the entire EB3 quota has been used up. Do you know his category and priority date, and do you understand how to interpret the visa bulletin? And how and when did he enter the US and did he go out of status? That also affects whether his I-485 will be approved.
 
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Jackolantern said:
It depends a lot on the priority date. His priority date and preference category would be the same as your mother's, and the approval will not happen before the priority date is current. If the category is EB3, the approval will not happen before October, because the entire EB3 quota has been used up. Do you know his category and priority date, and do you understand how to interpret the visa bulletin? And how and when did he enter the US and did he go out of status? That also affects whether his I-485 will be approved.
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My mum get her I-485 through "other workers" category.
My dad was out of status since year 2000 (visitor VISA expired).
 
Brian Lee said:
My mum get her I-485 through "other workers" category.
My dad was out of status since year 2000 (visitor VISA expired).
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His AOS will be denied and he could be deported. He should wait till your mom gets citizenship before applying for AOS.
I-485 can be filed only in valid non immigration status. This rule does not apply for close relatives (spouse/child) of US citizens.
 
TheRealCanadian said:
This category is currently "Unavailable" and therefore your dad's I-485 cannot be approved until at least October 1st.



Please tell me he qualifies for 245i relief.
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Hi Canadian and Vold,

My dad is qualify for the the 245(i) as a beneficiary of my mum.
Confirmed with previous attorney about this point.
Could u tell me where should I find out the processing time ? Thanks.
 
Hi Jack and all,

Thanks alot for the information.
I just don't understand why my dad still have to wait for the VISA availability?
My mum received her green card last year based on "Other Workers" category, my dad should join with her together to receive the green card shortly after her I-485 approval.
Anyone know about this, please explain to me. Thanks.
 
Brian Lee said:
I just don't understand why my dad still have to wait for the VISA availability?
My mum received her green card last year based on "Other Workers" category, my dad should join with her together to receive the green card shortly after her I-485 approval.
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That's not how it works. Both the primary applicant (your mother) and the derivative (your father) are subject to visa availability, with one visa number counted for each individual, not just one for the whole family. A visa number was available for your mother at the time of her approval, and another for your father must become available at the time of his approval.

If your father's I-485 was filed at the same time with your mother's, there may have been a chance that both would be approved together. But with his being filed much later than that, the visa number availability has changed, so he has to wait separately for his own I-485 approval.
 
Hi Jack and others,

Thanks alot. Your information is very helpful. My dad's I-485 notice date is April 2008; the Nebraska processing time for I-485 is stay at 08/24/2007.

As soon as the Nebraska processing time for I-485 hit April 2008 and the "Other workers" VISA is still available at that time, then my dad's I-485 should be processed, is that right?

How long do you think my dad still have to wait for his application to be processed?
 
Brian Lee said:
As soon as the Nebraska processing time for I-485 hit April 2008 and the "Other workers" VISA is still available at that time, then my dad's I-485 should be processed, is that right?
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Yup.

How long do you think my dad still have to wait for his application to be processed?
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At least until October 1st. Let's see what the Priority Dates do then.
 
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