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

USCIS web site's decisions update today!

On one case:
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Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Your Case Status: Decision On January 17, 2013, the review of your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was completed. You will be notified of the decision by mail. Please check our website at www.uscis.gov for further updates on your case, including when the decision is mailed. If you have not received the decision within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address. During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

One second case:
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Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS Your Case Status: Decision On January 17, 2013, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of January 17, 2013, please call customer service at 1-800-375-5283 for further assistance. During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision. If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
----------------------status ends--------------------


We already sent I-485s and the packet is received by Chicago lockbox facility today but we have not received receipt numbers.
 
Jackolantern.
These I-485s are based on old I-130 which are already approved. This is what recommended by DO office when my attorney had an infopass appointment on 01.15.2013.

That could be a BIG problem. Those I-130s are in doubt because they were filed by your wife, whose green card and citizenship were granted in error.

As a result of that, these new I-485s which are tied to those I-130s may be denied. Even if USCIS ignores the issue right now and their green cards are approved, somebody at USCIS may undo the approvals in the next 5 years. And even if they get past those 5 years while keeping their green cards, USCIS may forever deny their citizenship by claiming their green cards were granted in error.

If you want them to have a clean path to permanent residence and citizenship, you should cancel these I-485s and file a new I-130 and I-485 for each of them tied to your citizenship, not tied to your wife's erroneously granted citizenship. It might still be early enough to get USCIS to send back the I-485 packages without cashing the checks.
 
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That could be a BIG problem. Those I-130s are in doubt because they were filed by your wife, whose green card and citizenship were granted in error.

As a result of that, these new I-485s which are tied to those I-130s may be denied. Even if USCIS ignores the issue right now and their green cards are approved, somebody at USCIS may undo the approvals in the next 5 years. And even if they get past those 5 years while keeping their green cards, USCIS may forever deny their citizenship by claiming their green cards were granted in error.

If you want them to have a clean path to permanent residence and citizenship, you should cancel these I-485s and file a new I-130 and I-485 for each of them tied to your citizenship, not tied to your wife's erroneously granted citizenship. It might still be early enough to get USCIS to send back the I-485 packages without cashing the checks.

Jackolantern,
I agreed to this step based on the same InfoPass apointment between my old attorney and Immigration officer discussions.

I have consulted another famous attorney who charged me on minutes bases. He also had view that now citizenship of my wife can not be denied unless it is a ciminal case involvementor fraud case
 
I agreed to this step based on the same InfoPass apointment between my old attorney and Immigration officer discussions.
OK, so they should be fine for now -- but the fact remains that your wife's citizenship was approved in error. They're not going to revoke her citizenship because there was no fraud, and even if they revoked it she'd revert to permanent resident status so they won't waste their time trying to revoke her citizenship when she won't be deportable anyway. So we can consider citizenship to be 99.999% secure.

But the key question remains: if citizenship was granted in error, can other family members' immigration benefits which are based on that citizenship be denied or revoked based on that error, without first revoking the erroneously granted citizenship? If yes, that leaves your daughters' green cards vulnerable if a future aggressive USCIS director decides to take sweeping action against erroneously approved green cards and naturalizations.

Fortunately, if their green cards are approved when they're under 18, your daughters would be instant citizens, making them much safer against potential attacks on their status. Make sure to get both their US passports and N-600 ASAP before USCIS changes their mind and makes things difficult. But unfortunately, if your older daughter turns 18 before her green card is approved, she would not get instant citizenship and her green card would remain vulnerable for the next 5 years if the law allows her green card to be rescinded due to this scenario.
 
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OK, so they should be fine for now -- but the fact remains that your wife's citizenship was approved in error. They're not going to revoke her citizenship because there was no fraud, and even if they revoked it she'd revert to permanent resident status so they won't waste their time trying to revoke her citizenship when she won't be deportable anyway. So we can consider citizenship to be 99.999% secure.

But the key question remains: if citizenship was granted in error, can other family members' immigration benefits which are based on that citizenship be denied or revoked based on that error, without first revoking the erroneously granted citizenship? If yes, that leaves your daughters' green cards vulnerable if a future aggressive USCIS director decides to take sweeping action against erroneously approved green cards and naturalizations.

Fortunately, if their green cards are approved when they're under 18, your daughters would be instant citizens, making them much safer against potential attacks on their status. Make sure to get both their US passports and N-600 ASAP before USCIS changes their mind and makes things difficult. But unfortunately, if your older daughter turns 18 before her green card is approved, she would not get instant citizenship and her green card would remain vulnerable for the next 5 years if the law allows her green card to be rescinded due to this scenario.

Jackolantern,
I have no words to express thanks and gratitude for your help on this issue.

Actually I prepared two i-130s based on your recommendation few days ago. Due to the development on 01/15 after InfoPass appointmnet, I kept I-130s with my self and mailed just i-485 applications. Our old attorney prepared the documents for the new i-485s set. The packet which is sent for new 485s has old attorneys letter requesting to expedite 485 due to aging out situation.

We have received Fedex confirmation but we have not received USCIS electronic receipt with application receipt number.
I am instantly following US passport process and I will apply for N-600 for our daughters once their 485s are approved.
 
Actually I prepared two i-130s based on your recommendation few days ago. Due to the development on 01/15 after InfoPass appointmnet, I kept I-130s with my self and mailed just i-485 applications.
You mean you sent the I-485 applications with a copy of the I-130 approvals from your wife?
 
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if citizenship was granted in error, can other family members' immigration benefits which are based on that citizenship be denied or revoked based on that error, without first revoking the erroneously granted citizenship?

That would fly in the face of the 14th amendment. If she is a citizen, she has the same sponsorship ability as any other citizen.
 
That would fly in the face of the 14th amendment. If she is a citizen, she has the same sponsorship ability as any other citizen.

Perhaps that's true, but fighting to assert that in court isn't nice and easy. With new I-485s being required anyway, it would have been better to definitively prevent that situation by filing the I-485s based on the OP's citizenship instead of the wife's erroneously approved citizenship.
 
Aren't there already dual I-130s in this case?

No, the only I-130s (one for each daughter) were filed by his wife when she was still a permanent resident (which may weaken a defense based on the 14th amendment). He kept the new I-130s to himself.

Despite the wife's erroneous green card and citizenship, it looks like the 14-year-old daughter has nothing to worry about. USCIS will probably approve the green card which would make her a citizen, and once she's officially claimed citizenship with an approved N-600 they're not going bother challenging her citizenship after that unless she becomes a criminal.

It's the older daughter who might have a problem in the future if her green card is based on her mother's petition. If she doesn't get her I-485 approved before the 27th of this month (her 18th birthday), she'll have the usual 5-year wait for citizenship eligibility, by which time there will be a new President, new Congress, new head of USCIS, and a new political climate which might be harsher towards immigrants and less tolerant of situations like this.
 
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Thinking of filing second I-130s soon

I am waiting for the decision notices to arrive. At the same time, I am also waiting for electronic receipts for newly submitted 485s.
I will be filing new 130s by second day morning delivery within couple of days..
 
I am waiting for the decision notices to arrive. At the same time, I am also waiting for electronic receipts for newly submitted 485s.
I will be filing new 130s by second day morning delivery within couple of days..

I don't think it's worth it to file a new I-130 for your 14-year-old. Like I said above, green card approval will make her an instant citizen, and citizenship is much harder to revoke, especially with no fraud or criminality.

I would let the 14-year-old's case go ahead as is, but wait and see what happens with your older daughter. If hers is not approved before her 18th birthday, you can go ahead and file a new I-130 and I-485 for her, and simultaneously withdraw the other I-485 (or more accurately, she'd be 18 so she would file her own new I-485 and withdraw her own other I-485).
 
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Jack,
If you look at my previous posting, USCIS had denied our older daughter's petition but younger daughter decision says some thing else. I think, I need to wait for the letter to arrive.
Thanks,
 
Jack,
If you look at my previous posting, USCIS had denied our older daughter's petition but younger daughter decision says some thing else. I think, I need to wait for the letter to arrive.
Thanks,

I'm referring to the new I-485s for which you're still waiting for the receipts, not the old I-485s that were filed years ago. It's the very old one that was denied, correct?

The new I-485s you filed this week were attached to the I-130s filed by your wife. I'm suggesting that you let the recently filed I-485 for your 14-year old be processed to completion (because she'd become a US citizen and not have to worry about future GC revocation or denial of naturalization).

But wait a couple weeks to watch what happens to the I-485 for your 17-year old. If it's not approved by her 18th birthday, then you can go ahead with the new I-130 filed by you and a new I-485 attached to it, and simultaneously withdraw the I-485 that was filed this week.
 
I'm referring to the new I-485s for which you're still waiting for the receipts, not the old I-485s that were filed years ago. It's the very old one that was denied, correct?

The new I-485s you filed this week were attached to the I-130s filed by your wife. I'm suggesting that you let the recently filed I-485 for your 14-year old be processed to completion (because she'd become a US citizen and not have to worry about future GC revocation or denial of naturalization).

But wait a couple weeks to watch what happens to the I-485 for your 17-year old. If it's not approved by her 18th birthday, then you can go ahead with the new I-130 filed by you and a new I-485 attached to it, and simultaneously withdraw the I-485 that was filed this week.

Jackolantern,
Yes, that is the plan as of now.
An hour ago, we have received 2 electronic receipt numbers new 485s. They are starting with MSC*. Is this a new service centre?
When I check the online status, it says that invalid number.
Thanks,
 
Jackolantern,
An hour ago, we have received 2 electronic receipt numbers new 485s. They are starting with MSC*. Is this a new service centre?
When I check the online status, it says that invalid number.
MSC stands for Missouri service center. Family based applications are processed there. It's pretty standard to not have application in the online database till the last step, like interview.
 
Duplicate copies of recent medical forms

For proposed new 485 after 01-27, we are thinking of getting new sets of medical forms from the same doctor instead of having done complete new check ups.
Will that cause any issues to new 485?
 
Going for InfoPass with just received 485 receipt numbers

Tomorrow we are attending InfoPass appointment using newly received 485 receipt numbers to expedite 485s. We are just attempting. It is in a very difficult scenario. We are doing our best.
 
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