Interfilled from Derivative Adjiustment to Under 21 Alien Relative of US Citizen

sarwarmd

Registered Users (C)
Hello Gurus,
Let me just give brief history. Our daughters I-485s are pending at TSC under the section of Derivative Adjustments where I am the primary for the pending I-485s. My wife became a US citizen on 11-01-2012.


I and my wife called customer support last Friday i.e. on 11-02-2012 and requested to expedite pending I-485 after adjusting from Derivative Adjustment to Under 21 Alien Relative of US citizen.
On the same call and before talking about pending I-485s, requested to upgrade I-130s from Under 21 alien relative of legal permanent resident to under 21 alien relative of US citizen.

On the last Saturday i.e. on 11-03-2012, my wife wrote a letter to USCIS-TSC where our daughters I-485s are pending to process I-485s under the section of Under 21 alien relative of US citizen. We have attached copies of pending I-485s, I-130s under the section of under 21 alien relative of Legal Permanent resident and copy of US citzen certificate.

We hope that we did not mess up any thing..Can you please through some light on it!
 
You are still a permanent resident and you were the primary EB applicant, correct? If yes, your daughters' derivative EB I-485s would be undisturbed by your wife's naturalization, so they would remain eligible to interfile to your wife's I-130.

I hope you also included a copy of your I-140, because when you interfile you also need to show the ties to the original petition.
 
You are still a permanent resident and you were the primary EB applicant, correct? If yes, your daughters' derivative EB I-485s would be undisturbed by your wife's naturalization, so they would remain eligible to interfile to your wife's I-130.

I hope you also included a copy of your I-140, because when you interfile you also need to show the ties to the original petition.

Jack,
Thanks a lot!
Yes, I am still a permanent resident. I am still waiting for interview letter for my citzenship.
No, I did not include a copy of my I-140. I had two I-140s. Both are in EB-3 category. Lawyer tried to convert one of them to EB-2 but did not work out.

When I was sending the mail, I did not know that we need to include I-140 copy. Probably I should call USCIS once I receive newly approved I-130 letters.
 
Yes, I am still a permanent resident. I am still waiting for interview letter for my citzenship.
Make sure to avoid naturalizing before you know that their I-485s have been transferred.

No, I did not include a copy of my I-140. I had two I-140s. Both are in EB-3 category. Lawyer tried to convert one of them to EB-2 but did not work out.
Only send the active one that was used as the basis for their derivative I-485s.
 
Make sure to avoid naturalizing before you know that their I-485s have been transferred.


Only send the active one that was used as the basis for their derivative I-485s.

Yes, I will be not naturalising until my daughters 485 are approved.

Regarding active I-140 copy, I have copies of both I-140s. I checked the priority date on approved I-485 and I-485 has priority date from the first I-140. My first I-140 is active if the I-485 is using the first I-140. Is there any way to know that the active I-140 or I just include the copies of both I-140s?
Highly appreciated for your help,
 
Yes, I will be not naturalising until my daughters 485 are approved.
You don't need to delay your naturalization till they're approved. Once you get confirmation that the 485s have been interfiled to the I-130s filed by your wife, your naturalization will no longer affect them.

Regarding active I-140 copy, I have copies of both I-140s. I checked the priority date on approved I-485 and I-485 has priority date from the first I-140. My first I-140 is active if the I-485 is using the first I-140. Is there any way to know that the active I-140 or I just include the copies of both I-140s?
Are you saying you don't know which I-140 was used for your own green card?
 
You don't need to delay your naturalization till they're approved. Once you get confirmation that the 485s have been interfiled to the I-130s filed by your wife, your naturalization will no longer affect them.


Are you saying you don't know which I-140 was used for your own green card?

Yes, i.e. correct. As per my approved i-485, that has priority date of first I-140(priority date 2004). Later my lawyer had applied for transferring to second I-140 which was intended for EB2 (priority date 2007) category but that is converted back from EB2 to EB3. Now I am not sure which I-140 is active for my and my wife's approved I-485s.
 
Yes, i.e. correct. As per my approved i-485, that has priority date of first I-140(priority date 2004). Later my lawyer had applied for transferring to second I-140 which was intended for EB2 (priority date 2007) category but that is converted back from EB2 to EB3. Now I am not sure which I-140 is active for my and my wife's approved I-485s.

Looks like it's best to assume the first I-140 was used, since it matches what you know as the priority date. Don't send both, because that would risk confusion and delays at USCIS.

When you send the copy of the I-140 approval, also send a copy of your green card or your I-485 approval notice, because their existing I-485 eligibility is dependent on you having an approved or pending I-485. And list the receipt numbers for the I-130 and pending I-485s in the cover letter so they can more easily tie the I-140 to the earlier interfile request sent by your wife. Of course, you also have to mention the fact that the interfile request has been previously submitted and what it was for so they can tie the I-140 to it.
 
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Looks like it's best to assume the first I-140 was used, since it matches what you know as the priority date. Don't send both, because that would risk confusion and delays at USCIS.

When you send the copy of the I-140 approval, also send a copy of your green card or your I-485 approval notice, because their existing I-485 eligibility is dependent on you having an approved or pending I-485. And list the receipt numbers for the I-130 and pending I-485s in the cover letter so they can more easily tie the I-140 to the earlier interfile request sent by your wife. Of course, you also have to mention the fact that the interfile request has been previously submitted and what it was for so they can tie the I-140 to it.

That sounds like a great idea. If I say that just thank you, that is merely not enough for your help. I whole heartedly appreciate your help.
Even after making two request during the last week end, probably there is no need to delay the second mail as per your recommendation.

According to your recommendation, I and my wife both signed document will send by another mail. We will attach both of our approved I-485 copies, Green Card copies, first approved I-140 copy, again copies of receipts of I-130s, again copies of receipts of our daughters pending I-485s.

Or do you want us to wait until I-130s are upgraded to F1 category! Once we receive the mail on I-130s with F1, is it a good idea to send these documents!
 
Applied thru FAX to VSC and CSC

Jack Good morning,
Yesterday night on 11-08-2012, my wife has sent FAX to CSC and VSC to expedite the process of upgrading her I-130s from EB3 to FB1. We have included 1) I-130 notices, 2) Naturalisation copy and 3) pending I-485 copies. Our one I-130 pending at VSC and another one at CSC.

I hope that this will expedite I-130s upgrade process. Before that on 11-03-2012, my wife called customer support to do the same. Since we did not see any date change on LUDs on the same applciations, my wife has sent these faxes.

Should not this expedite our applications?
Thanks,
 
Did the expedite request include a specific mention of the Child Citizenship Act and your daughter about to turn 18?
.

Jack,

We have two I-130s pending. One I-130 is pending at CSC which is for the daughter who is turning 18 in Jan-2013. This I-130 is approved on 01-06-2012 under F2b category. In the expedite request, my wife did clearly mentioned that our daughter is turning 18 in Jan-2013. However, we did not mention the text of 'Child Citizenship Act'.

We have second I-130 which is pending at VSC. This is pending for the approval. This daughter is only 14 now. However, my wife mentioned that delay on this request is causing hardship in her husband's (which is me and my naturalisation application) naturalisation application. Due to this, the upgrade this petition may also please expedited.

Wnen we called customer support on 11-03-2012, tier 2 immigration officer mentioned that we will be hearing something within a week. By today i.e. on 11-10-2012, it is more than 1 day a week now and we did not hear any thing and I do not see any LUD updates on any of our applications. This is really causing me concerns.

Our daughters I-485s are pending at TSC. I am thinking of becoming serious on I-485s once my wife, I-130s are upgraded.
 
They're going to ignore the expedite request for the 14-year-old. That "hardship" of delaying your naturalization is immediately self-remedied by filing a brand new I-485 tied to the I-130, so they're not going to jump her forward just for that.

For the almost-18 year old, you have to understand that need to be VERY clear and persuasive with your requests because you're asking them to do two unusual things: (1) Interfiling and upgrading from EB to Immediate Relative, and (2) expediting the I-485 approval so she can become an LPR before 18 and qualify for derivative citizenship under the Child Citizenship Act. That includes mentioning that the I-485 has been pending for over 7 years, submitting all relevant documents in the same package (which you didn't do), and specifying the legal basis in support of the expediting, by explaining the importance of the age 18 deadline with respect to the Child Citizenship Act and citing USCIS memos or regulations that support expediting in this scenario. And of course, mentioning the specific date when she turns 18.

So far your attempts have been half-baked, and probably will not result in USCIS action at the speed you need. At this point, I suggest making an Infopass appointment and taking an aggressive immigration lawyer with you, to try to get this sorted out with the supervisors at USCIS, otherwise the case will probably sit idle until after she's 18.
 
They're going to ignore the expedite request for the 14-year-old. That "hardship" of delaying your naturalization is immediately self-remedied by filing a brand new I-485 tied to the I-130, so they're not going to jump her forward just for that.

For the almost-18 year old, you have to understand that need to be VERY clear and persuasive with your requests because you're asking them to do two unusual things: (1) Interfiling and upgrading from EB to Immediate Relative, and (2) expediting the I-485 approval so she can become an LPR before 18 and qualify for derivative citizenship under the Child Citizenship Act. That includes mentioning that the I-485 has been pending for over 7 years, submitting all relevant documents in the same package (which you didn't do), and specifying the legal basis in support of the expediting, by explaining the importance of the age 18 deadline with respect to the Child Citizenship Act and citing USCIS memos or regulations that support expediting in this scenario. And of course, mentioning the specific date when she turns 18.

So far your attempts have been half-baked, and probably will not result in USCIS action at the speed you need. At this point, I suggest making an Infopass appointment and taking an aggressive immigration lawyer with you, to try to get this sorted out with the supervisors at USCIS, otherwise the case will probably sit idle until after she's 18.

Jack,

First of all, my sincere appreciation for your valuable time and help. Yesterday i.e. on 11-10-20120, I spoke to my attorney who filed I-485s of our daughters.

I called her to check the active I-140 of our daughters pending I-485s. She has asked me to not to worry about active I-140. She said that USCIS will not bother about I-140 at this time.

However, she has asked me to send a mail by express mail and attach I-485, I-130, birth certificate copies, naturalisation certificate copy of my wife. This morning, I have prepared 4 sets of documents for both the daughters. I am sending one letter to I-130 service centre (each CSC and VSC where I-130s are pedning) and another letter to I-485 service center ( seperate letters for each daughter to TSC).

All the documents are signed by my wife and my self. Since it is a veterans holiday on Sunday i.e. on 11-11-2012 and all the DC areas Sunday post offices are closed today i.e. on 11-11-2012.

Tomorrow i.e. on 11-12-2012, I will be sending all the 4 sets by Express Mail in different envelops.

I have another concern. As per our attorney, we need to attach birth certificates. We have birth certificates which are issued in our home country. I am seeing some typing mistakes in the birth certificate. For example, one certificate has my wife name as Azra Sarwar but her name in the passport and every where is Azra Naveshia. I hope that this will not cause any issues. Or in some cases, first name's just first letter is used and not the whole name.
 
I see no good reason to include your birth certificates. Including them makes sense if you were born US citizens, as that would be your proof of citizenship, but you're not US citizens. Your daughters' birth certificates are important for proving the parental relationship, but you and your wife's birth certificates are irrelevant. And with your wife's certificate having a discrepancy, that could create more problems than it solves. However, if that difference in her last name is due to a name change and is not a mistake, it won't be a problem.

Many attorneys will have a checklist of 10 or 15 or 20 things that they tell you to submit, but not all of them are applicable to everybody and sometimes you need to push back if something seems unnecessary for your situation. Sometimes they'll admit it's not necessary for you. During my own I-485, the employer's attorney said I should submit evidence of my assets. That seemed strange, so I asked why. They said it was for showing that I won't be a public charge. I said my assets should be unnecessary because the salary for the GC-sponsored job is much higher than 125% of the poverty line, so that should be more than sufficient. They agreed.

So get back to the attorney and ask why your birth certificates are needed for this situation, given that you're not born US citizens. They may agree that it's not necessary for your situation, although it is definitely important for some other people. And are you sure they were actually talking about you and your wife's birth certificates? Maybe the lawyer meant only your children's birth certificates.

Tomorrow (Monday the 12th) is a Federal holiday and the post office will be closed.
 
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I see no good reason to include your birth certificates. Including them makes sense if you were born US citizens, as that would be your proof of citizenship, but you're not US citizens. Your daughters' birth certificates are important for proving the parental relationship, but you and your wife's birth certificates are irrelevant. And with your wife's certificate having a discrepancy, that could create more problems than it solves. However, if that difference in her last name is due to a name change and is not a mistake, it won't be a problem.

Many attorneys will have a checklist of 10 or 15 or 20 things that they tell you to submit, but not all of them are applicable to everybody and sometimes you need to push back if something seems unnecessary for your situation. Sometimes they'll admit it's not necessary for you. During my own I-485, the employer's attorney said I should submit evidence of my assets. That seemed strange, so I asked why. They said it was for showing that I won't be a public charge. I said my assets should be unnecessary because the salary for the GC-sponsored job is much higher than 125% of the poverty line, so that should be more than sufficient. They agreed.

So get back to the attorney and ask why your birth certificates are needed for this situation, given that you're not born US citizens. They may agree that it's not necessary for your situation, although it is definitely important for some other people. And are you sure they were actually talking about you and your wife's birth certificates? Maybe the lawyer meant only your children's birth certificates.

Tomorrow (Monday the 12th) is a Federal holiday and the post office will be closed.

Jack,
I was referring to my daughters birth certificate copies. I did not refer to my birth certificate or my wife birth certificate copies. It seems that my previous posting caused some confusion. i apologise for that.

I am seeing discrepency in my daughters birth certificates but I see no discrepencies in their current passports of my daughters. My daughters current passports are having correct names for my self and my wife.
Some how my attorney is asking me to attch brith certificates copies of our daughters.
 
Sent express mails to I-130 service centers

Gurus,
Today, I have two seperate express mails sent to service centers (CSC and VSC) where our daughters I-130s are pending.
I have included copies of I-130s, I-485s and citizenship certificate of my wife. Both the letters are signed by my self and my wife. I have also referred the referral number which I have got from customer support on 11-03--2012 to upgrade I-130s.
 
Category upgraded to children of US citizen

Hi,
Today I got a letter from USCIS saying that our 14 year old daughter's I-130 category is upgraded from Children of Permanent resident to Children of US citizen. I am surprised that the following things did not happen.

1) There are no LUD updates in my profile cases on USCIS web site.

2) I was thinking that once category is upgraded to Childrens of US citizen, I-130 will get approved. Petition is still pedning after upgrading the category.

Tomorrow I will be writing a letter to I-1485 center by attaching a copy of the letter which I received today and requesting to upgrade I-1485 from EB3 to FB1 and adjudicate.

Can you please share some light on this!
 
Tomorrow I will be writing a letter to I-1485 center by attaching a copy of the letter which I received today and requesting to upgrade I-1485 from EB3 to FB1 and adjudicate.
That should be EB3 to Immediate Relative, not FB1 which is for over-21 children of citizens.
 
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