Inerview question- How did you apply for I-485s without having their priority dates current

sarwarmd

Registered Users (C)
Finger printing notices are sent and no decision can be made before finger printing

Today i.e. on 01/22/13 morning, we had InfoPass appointments on new 485s. After looking into newly filed 485s, officer said that finger printing notices are sent.
No decision can be made without having finger printing for new 485s.
Officer also said that Baltimore DO office can not do any thing on this. Only Chicago lockbox facility has the access to new applications.
Probably newly submitted 485s are expedited. Without expedite, I do not think that they would have sent finger printing notices so fast.
 

sarwarmd

Registered Users (C)
Mailed new sets of I-130 and I-485 applications

Today we have mailed new sets of 485 and 130 applications. Our plan is to withdraw 485s which are submitted on 01-19th..
We will be doing that once we receive 797 receipts for the applications which we have mailed today.
 

sarwarmd

Registered Users (C)
How many applications are you filing?
TheRealCanadian,
Today we filed total 4 applications. We have 2 daughters who are waiting for their GCs. We have filed 2 I-485s and 2 I-130s.
I need to update my signature. I am taking off old 485s information from my signature.
Thanks,
 

Jackolantern

Registered Users (C)
It was unnecessary to file a new I-130 and I-485 for your 14-year-old without waiting a few months to see if they approve or deny the existing one. If they approved it, that would make her become a citizen, which cannot be easily revoked.

It's only your older daughter (now 18) for whom the new I-485 is important, because if they approved the existing one which was tied to your wife's petition, there would still be the looming possibility of them taking away the card sometime in the next 5 years, or denying her naturalization in the future because of the irregular circumstances.
 

sarwarmd

Registered Users (C)
It was unnecessary to file a new I-130 and I-485 for your 14-year-old without waiting a few months to see if they approve or deny the existing one. If they approved it, that would make her become a citizen, which cannot be easily revoked.

It's only your older daughter (now 18) for whom the new I-485 is important, because if they approved the existing one which was tied to your wife's petition, there would still be the looming possibility of them taking away the card sometime in the next 5 years, or denying her naturalization in the future because of the irregular circumstances.

I have already sent the applications. Let it go..
Now we need to carefully withdraw our recent 485 applications.
Thanks,
 

sarwarmd

Registered Users (C)
How to withdraw attorney representation ffrom the petitions

Our petitions have bee filed thru attorney. We want to withdraw attorney from representing us.
What is the correct process to eleminate attorney from the applications and without impacting the applications!
Thanks,
 

Jackolantern

Registered Users (C)
If your wife withdraws the I-130s that she filed, USCIS will automatically (although not always immediately) cancel the I-485s which are attached to those I-130s. But wait for the new I-485 receipts to arrive before withdrawing the old I-130.

And in your wife's request to withdraw the I-130s, she should point out that there are separate I-130s and I-485s pending through you, which are not to be withdrawn. Otherwise USCIS might make a mistake and cancel the wrong I-485.

To revoke the G-28 you can do it by Infopass or by writing to USCIS to request it. Include copies of the receipt and approval notices for the I-130 and I-485 from which the G-28 is being revoked.
 

sarwarmd

Registered Users (C)
If your wife withdraws the I-130s that she filed, USCIS will automatically (although not always immediately) cancel the I-485s which are attached to those I-130s. But wait for the new I-485 receipts to arrive before withdrawing the old I-130.

And in your wife's request to withdraw the I-130s, she should point out that there are separate I-130s and I-485s pending through you, which are not to be withdrawn. Otherwise USCIS might make a mistake and cancel the wrong I-485.

To revoke the G-28 you can do it by Infopass or by writing to USCIS to request it. Include copies of the receipt and approval notices for the I-130 and I-485 from which the G-28 is being revoked.

Jackolantern,

Let me explain the scenario.
Our 2005 petitions are filed by the attorney X.
Our 01-17-2013's 485 petitions are filed the attorney Y.
X and Y are related but on the document they are different attorneys. I did not pay any money to Y. Y came into the picture because attorney X was out of the country in 01-2013.

Here is my plan now.
1) We want to withdraw the representation of the attorney Y who filed 01-17-2013's 485 petitions.
2) Once after receiving the 485 receipts which are submitted on 01-26-13, we would like to withdraw 485s which are submitted on 01-15-2013.
3) My wife will be withdrawing I-130s after couple of months from now.
Thanks,
 

sarwarmd

Registered Users (C)
Does I-130 approval require?

When we submitted 130 and 485 concurrently, is I-130 require to have approval before approving I-485?


If yes, how fast I-130 approval happens or what is the I-130 process?
 

sarwarmd

Registered Users (C)
Adverse affect of Parolee status which is used in 2010

Jackolantern and RealCanadian,
Your help will b really appreciated..

Our old attorney is saying now we have to file MTR for our denied 485 cases. I am attaching the email from the attorney. Is it true that denied 485 will have adverse affect on newly submitted 485s!

Options 1: I strongly recommend that you work with Y (name removed) to prepare and file an MTR or Motion to Reopen and to Reconsider the denied Form 1-485 for children because of my concern that they recently left the US in 2010 using AP and reentered the US in Parolee Status. Although your Wife has filed the form 1-130 Petition which has been approved and I believe Y (name removed) has helped you to prepare and file a Form 1-485 based on the Form 1-130 petition, my concern is whether your children's parolee status may or would affect the approval by the USCIS of the family-based/Form 1-130 Form 1-485 your recently filed for your children. Filing the MTR would keep the employment-based Form 1-485 applications under pending status and provide you with sufficient time to enable me research the parolee status issue and also sufficient time to have the USCIS decide the Form 1-130 Form 1-485 applications.



If this Option 1 is chosen, as explained to you by Y (name removed) , the MTR must be filed on thursday and reach the USCIS on Friday, Feb 15, 2013. If the MTR is not filed, then if theiro Parolee status affects their Form 1-130, Form 1-485 application process, you will not be left with any additional option other than them waiting until their Employment-based Form 1-140 priority date becoming current again and putting them in an "out-of-status" status meanwhile.

Is there any need to concern about it!
 

Jackolantern

Registered Users (C)
Seems like your lawyer just wants to make some money from you. Their last entry with advance parole happened before the I-485 denial, and the I-485 denial will not make that entry retroactively illegal. And you are a US citizen filing for your under-21 children as immediate relatives, so even if they went out of status that wouldn't block their I-485 eligibility.

Also what is the point of the MTR anyway? It will obviously be denied. Nothing can change the fact that their I-485s were filed when the priority date was not current.
 

sarwarmd

Registered Users (C)
Seems like your lawyer just wants to make some money from you. Their last entry with advance parole happened before the I-485 denial, and the I-485 denial will not make that entry retroactively illegal. And you are a US citizen filing for your under-21 children as immediate relatives, so even if they went out of status that wouldn't block their I-485 eligibility.

Also what is the point of the MTR anyway? It will obviously be denied. Nothing can change the fact that their I-485s were filed when the priority date was not current.

Jackolantern,
Thank you..
Attorney is not charging any fee for me but I am unable to see a logic for that.
Probably attorney is afraid that I may sue him because 485 which he has filed for me is denied.
 

TheRealCanadian

Volunteer Moderator
I should know this, but is there a requirement for an I-485 that the alien be lawfully admitted in non-immigrant status? If it's merely entry with inspection, the dependents are covered. If not, then there might be a problem since their last entry before I-485 filing was not in a non-immigrant status, but as a parolee.
 

sarwarmd

Registered Users (C)
I should know this, but is there a requirement for an I-485 that the alien be lawfully admitted in non-immigrant status? If it's merely entry with inspection, the dependents are covered. If not, then there might be a problem since their last entry before I-485 filing was not in a non-immigrant status, but as a parolee.

TheRealCanadian,
My daughters are admitted in 2005 on non-immigrant visa. In 2010, they entered US on advanced parole.
Is there any issue associated with this!
 

Jackolantern

Registered Users (C)
I should know this, but is there a requirement for an I-485 that the alien be lawfully admitted in non-immigrant status? If it's merely entry with inspection, the dependents are covered. If not, then there might be a problem since their last entry before I-485 filing was not in a non-immigrant status, but as a parolee.

The requirement is for having been inspected and either paroled or admitted.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-9232.html
 

sarwarmd

Registered Users (C)
No Online Status even after making inquiry thru Senator

Hello Jack and RealCanadian,
I have tried to make an inquiry on the petitions of our daughters which are applied thru my I-130s. Our senator got a response from USCIS on 03-06-2013 asking to inquiry after two weeks.
Until now neither I got any response from USCIS nor I am able to see online status for the pending petitions.
Any thoughts on this!
 

Jackolantern

Registered Users (C)
Hello Jack and RealCanadian,
I have tried to make an inquiry on the petitions of our daughters which are applied thru my I-130s. Our senator got a response from USCIS on 03-06-2013 asking to inquiry after two weeks.
Until now neither I got any response from USCIS nor I am able to see online status for the pending petitions.
Any thoughts on this!

I-130 processing for immediate relative cases is typically 3-6 months. You applied for them in late January, so don't expect any response for now, except that you should have already received the I-130 receipt notices and their I-485 fingerprint notices.
 

sarwarmd

Registered Users (C)
I-130 processing for immediate relative cases is typically 3-6 months. You applied for them in late January, so don't expect any response for now, except that you should have already received the I-130 receipt notices and their I-485 fingerprint notices.

We have received I-130 receipts in Feb-2013 middle. No, we have not received finger printing notices. We were told by the customer service support that they (USCIS) are using the previous finger printing which are curret until now.

Senator office followed up with the USCIS and senator office is informed by USCIS that we would be hearing some update within couple of weeks. USCIS informed this on 03-06-2013. We have not received any update from USCIS until now except that I see online status for the 485s which are appled on 01-17-2013 that 485s have been withdrawn. 01-15-2013 485s are our 2nd set of 485s. We are looking to have update on the 3rd set of 485s which are applied on 01-28-2013.
 
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