I-485 Stamdard Procedure (Learn what happen when they receive ur Applicaiton)

P

PrinceofJungle

New Member
I-485 Standard Procedure (Learn what happen when they receive ur Applicaiton)

Hello Friends

Interested in What is Standard I-485 Procedure?

Once they receive ur file what happen. there is a lot of info take ur time and learn and share.

Noone is Perfect except 'GOD' so Just don't panic after reading this. if you learn small error/glitch in your pettitions, be calm and realx. Everything will be fine :D


http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf


Good Luck to you all..
 
Last edited by a moderator:
Thanks POJ. During a casual flip-through, I learnt 2 things:

1) There is, in fact, a procedure to expedite cases whose FP results have been recd between 12 and 15 months ago (I believe it's in page 5-19 of the manual) -- something that has been the subject of much debate in this forum. That said, it is surprising that so many cases have their FPs expire and have to be re-taken.

2) On page 6-20/21 (Workload Distribution), the manual describes the procedure by which FP'd cases (except the expedite ones in (1)) are distributed to officers for final adjudication. In there, it says that officers who are "free" issue requests for such cases to be assigned to them. Now I don't know what "free" really means, but what are the chances that a govt employee in a low-wage job would be anxious to disclose that s/he is "free" and ready to receive more work ? In the least, it can explain why one would choose to work slowly -- a big pile of unadjudicated cases on one's desk can serve to convince the supervisor that s/he is "not free".
 
Thanks for extracting and sharing, I also liked many unsolved questions were asnswed, still haven't finished yet,

It would be great if other ppl come forward, help and share info using their understanding with this procedure


Good Luck to u all and plz do share info and pass the link to help needy ppl to learn.

:D
 
For all those who have been transferred and you never changed jobs and you may be wondering why you were transferred, here are the reasons set forth by the SOP: (see page 7-3.25 of the SOP)

On a case-by-case basis, an officer may choose to relocate an I-485 for
interview if he/she deems it necessary. Applications require a relocation if
the officer determines:
• a need for validation of identity
• a need for validation of legal status
• questionable admissibility and/or qualifications
• apparent fraud
• a second filing
• an applicant with fingerprint rejected twice
• an applicant with medical condition class A or B
• the A-file cannot be located at the time of adjudication.
 
and if you were ever wondering why an I-485 case can be denied, her are all the reasons:

ADJUDICATIONS APPENDIX C

1. health grounds
waiver - 212(g) spouse, unm s/d, parent of USC/LAPR
2. criminals
idents
waiver - 212(h) spouse, parent, s/d of USC/LAPR; hardship
3. security grounds
terrorists
Communists
exceptions
involuntary
past membership
parent, spouse, s/d, sibling of USC
parent, spouse, s/d of LAPR
Nazis
4. public charge
I-864 8CFR 213a
emp pet filed by relative(spouse, parent, s/d, sibling)
relative owns 5%
5. labor certs
physicians
must pass parts I & II of Nat Board of Med Examiners
Examination
must have completed 3 years as H-1B if changed from
J-1 before being eligible to apply for adj/stat -
8 CFR 212.7(c)(9)(iii)
nurses
current status-ASC processing
certificate requirement
health care workers (memos under ADJ Guide)
phys ther, occup ther, speech-lang pth, med technol &
techni, phys asst
current ASC sched of occupational therapists
6. illegal entrants and immigration violators
failure to attend removal proceedings
5 yr bar from date of departure/removal
misrepresentation
waiver 212(i)
spouse, s/d of USC/LAPR & hardship
false claim to USC
stowaways
smugglers
waiver 212(d)(11)
if smugglee was spouse, parent, s/d, no other
final order under 274C - civil violation
waiver 212(d)(12) for
returning resident or
committed solely to assist spouse/child
student visa abusers
(enters F-1 for private school and changes to public
funded school)
7. documents
waiver 212(k)
8. ineligible for citizenship
draft evaders
9. previously removed
arriving aliens (exclusion)
5 yr bar
20 yr bar (2nd removal or ag felon)
others (deportation)
10 yr bar
20 yr bar (2nd removal)
permanent bar (ag felon)
exceptions (AG consents prior to application for entry-
in the case of a 'removed' Returning Resident)
unlawfully present - HQ memo
must make a departure (and reentry) after period of
unlawful presence for this to apply
>180 days <1 yr
3 yr bar from date of departure
> 1 yr
10 yr bar from date of departure
definition
expiration of authorized stay
present without admission/parole
tolling for good cause
up to 120 days
nonfrivolous appl. for change/ext. of stay
lawful admission/parole
no unauthorized employment
waiver 212(a)(9)(B)(v)
spouse, son/daughter
hardship

10. miscellaneous
polygamists
guardian of inadmissible alien
international child abductors
unlawful voters
renounced US citizenship to avoid taxation
subject to 212(e)-not waived
 
This is great stuff POJ!!!! I now have some great ammunition to go to battle with the USCIS officers at the Miami local office about my case. My finger prints are expiring soon, so I can show them page 5-19 of the manual. Maybe they can expedite my case if I show them this. Also my wife's case (dependant case) is still in TSC, and it was never transferred to Miami with mine. For this I can show them Page 3 of the OVERVIEW, in the "Family Packs" section. It states:

"Two or more Form I-485 applications may be submitted together as a "family pack" (i.e., when family members submit their applications together as a package). These applications must remain together throughout the entire process. "

This proves that my case should be together with my wife's case. When I visitied the Miami office they denied this fact. Now I can show them to thier face right in the SOP!!!
 
Gee, that document really has all the steps in it to do things like approving an I485 ! press F4 here, enter '05' there.

Aren't most of you guys in IT ? Can't someone hack into their system and generate a bot crawling through it and just approve everyone ?

Btw,
I don't think it is a good idea to walk into the local office with this document in hand and to tell them how to do their job. This might backfire, and not only at you but at other people benefitting from having this document available.
 
I think this is a good document to have when one has an interview. If there are any major issues this can be a good back up and the lawyers too cannot fool around with you. Thanks a ton POJ!
 
I'm not telling them how to do thier job. The SOP tells them how to do thier job. It all depends on the context you use this in. Its definitely a tool that can be used to help make a point to somebody who outright denies something repeatedly that you know is right, and possibly understand why thery are denying it. If you tell them they MUST do it this way, then you are telling them how to do thier job.
 
Last edited by a moderator:
RFE issue

In Page No 235, the following statement is there.

If more than 12 months have passed between the time an I864/I864A is submitted and the visa is issued or Adjustment of status is approved, the officer should request for EVL or Tax return.

TSC approves cases after 2 years, so does it mean that, everybody should get RFE who filed a year before
 
I believe Not all catagery (i.e NIW/EB1/2), but many (EB3) )ppl who shared approval news got EVL+tax+w2.

Few also shared that they receive call (phone) by INS officer to fax asap to get decission. They(officer) have many ways to verify some information submitted/claim. getting EVL+ seems like become standard but won't be surprised if u don't receive.

because 485 can be filled individualy too on base of employment. many ppl send EVL with pettition before and many not.

I believe INS officers have nothing to do personal with anyone they do have clear standard policy, and tolrance to grant. all they need is document proof to complete the process, rarely cases were denied and given chances with option.

would u like to share ur concern about EVL? is that letter issue or Salary issue or???????


Good Luck
 
Last edited by a moderator:
Bit complicated case....

Hi POJ,

I belong to EB1(OR) category. Filed in may-2002 at TSC.

In your posting, you mentioned that, EB1, NIW/EB2 will not get RFE for EVR. How do you confirm it? Any authentic reference?

My case is little tricky. Because, my case is continuing with future offer letter provided by previous employer (my I140 approved with this employer). But, now i am working for different company. I never informed about my present company details to INS. That's why i am curious. If RFE for EVL comes for me, i have to join with previous company by changing H1B etc...tiresome.
 
The correct translation/understanding should be "may be or may be not"
didn't used word 'will not' :D

would u share some specfic details about job with old and new employer and about job catagery/title for both.

Good Luck
 
Same title

Both jobs are "Programmer Analyst".

But i will not use AC21 or will not inform INS about my current job.

INS will know only my Old company.

Because for EB1(OR) changing jobs and using AC21 are complicated.

They will look for 3 permanent employees doing research based work etc...for the new company...it is a pain.
 
You must log in or register to reply here.
Top