20K estimates are not for the entire follow up... if our next step does not work, we will have to pay more... we are charged by hour not by case...
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My daughter's I-485 got denied
- Thread starter lianlian
- Start date
20K estimates are not for the entire follow up... if our next step does not work, we will have to pay more... we are charged by hour not by case...
Jackolantern
Registered Users (C)
That is follow to join, because her I-485 was filed after your green card was approved, instead of before.My daughter's I-485 was EB2 Derivative Adjustment...not FTJ. She came to US with a non immigration visa... and then filed I-485 application after my green card was approved.
Jackolantern
Registered Users (C)
Then find another lawyer, because $20K is ridiculous just to file an MTR.20K estimates are not for the entire follow up... if our next step does not work, we will have to pay more... we are charged by hour not by case...
I thought Follow to Join was when I-485 was not approved yet. I thought that was the reason why people were timing marriages so they could get married before the I-485 is approved, because otherwise the spouse would have to wait for years for their visa number to be current. Other than this I don't have enough knowledge to say anything about the case of the original poster, other than the comments that have already been done.
Jackolantern
Registered Users (C)
Yes and no, depending on what you're specifically talking about ... it involves one thing happening before I-485 approval, and another thing happening after the approval.I thought Follow to Join was when I-485 was not approved yet.
Follow-to-join is when the legally recognized relationship between the primary and derivative (i.e. marriage, or childbirth or adoption in the case of children) began before the I-485 was approved, and the I-485 or consular processing of the derivative was initiated after the primary's I-485 was approved.
But if the derivative's I-485 or consular processing was initiated before the primary's I-485 approval, that is just the usual flow.
TheRealCanadian
Volunteer Moderator
My daughter's I-485 was EB2 Derivative Adjustment...not FTJ. She came to US with a non immigration visa... and then filed I-485 application after my green card was approved.
Doesn't matter; whether it's derivative adjustment or FTJ it's essentially the same thing. Eligibility may not survive your naturalization.
And find another lawyer. What did this idiot do for five years while the adjustment was pending? Clock up a few billable hours while daydreaming of supermodels each time the month's revenues appeared to be a little low?
Find a real, competent attorney. Not this moron.
Help !!!
Can any Master help us locate CIS fingerprint capture procedure... i.e., when CIS is unable to obtain a required FBI criminal background clearance because the alien's fingerprints were rejected two times as unclassified by the FBI, the CIS should request secondary documentary evidence (such as traditional ink and paper fingerprint capture) to satisfy the criminal backgound check requirement of the applicaiton. This kind of opportunity was never made available to my daughter who was fingerprinted 4 times... otherwise her green card would have been produced before my status change.
Our Motion to Reconsider got denied yesterday....the denial letter has so many errors and the facts are wrong too (they cannot even correctly spell my daughter's two-letter last name...). we have spent over $31K in legal fee for this MTR and the officer who reviewed my daughter's file did not even read it thoroughly:
1) We filed a Motion to Reconsder but the CIS denied "Motion to Reopen" which is something we never filed. Motion to Reconsider and Motion to Reopen are two different things.
2) The denial letter mentions that my daughter should have filed I-485 within a year of the visa becoming available (which was from November 8, 2001 to November 7, 2002).
For Heaven's Sake, my daughter had not been in the country during that period (from 11/08/2001 to 11/07/2002)... She came in May 2003 and filed her I-485 in August 2003 (not September 2003 like the denial letter stated). My green card was approved in June 2003.
.... etc.
just realized that we are dealing with someone who is so irresponsible and careless... obviously they don't care...Our Motion to Reconsider is supported by citations to appropriate statutes, regulations or precedent decisions... while the CIS don't both to answer our questions in our rebuttal brief (particularly the facts and cited regulations and interpretations), but insist on that my daughter is no longer eligible to adjust status as a derivative alien due to my status change from LPR to USC.....
I feel like we are throwing our hard earned money (over $31K) into water and talking to the wall....
WHERE IN THIS WORLD CAN INNOCENT PEOPLE LIKE MY DAUGHTER AND I SEEK JUSTICE...WHERE IS THIS COUNTRY'S SENSE OF FAIRNESS? WE ARE INNOCENT PEOPLE, VICTIMS OF THIS BROKEN IMMIGRATION SYSTEM... MY DAUGHTER HAVE BEEN LEFT OUT WITHOUT ANY OPTION ... WHOM AND WHERE CAN WE GO TO FOR THIS KIND OF UNFAIR CIRCUMSTANCE AND UNFAIR LEGISLATION....WE ARE GOING CRAZY...
File MTR through good lawyer and your daughter will get I-485 approved.
If the fingerprint is problem then Fingerprint technician can take Fingerprints on Card second time. If Finger prints are rejected three times then you are supposed to get Police clearance from the places you stayed and USCIS sends letter to applicant about that. If they had FP problem why they did not sent letter to go for FP again so that Card can be produced. FYI the card production ordered message comes after I-485 is approved.
Her PD was Aug 2000. Why USCIS did took that much time to approve Derivative Applicant when Primary got I-485 approved and Dervative filed I-485 when Primary I-485 was pending or with primary I-485?. Your lawyer can fight out and can get it sorted.
It is USCIS mistake.
Good Luck!!!
Can any Master help us locate CIS fingerprint capture procedure... i.e., when CIS is unable to obtain a required FBI criminal background clearance because the alien's fingerprints were rejected two times as unclassified by the FBI, the CIS should request secondary documentary evidence (such as traditional ink and paper fingerprint capture) to satisfy the criminal backgound check requirement of the applicaiton. This kind of opportunity was never made available to my daughter who was fingerprinted 4 times... otherwise her green card would have been produced before my status change.
Our Motion to Reconsider got denied yesterday....the denial letter has so many errors and the facts are wrong too (they cannot even correctly spell my daughter's two-letter last name...). we have spent over $31K in legal fee for this MTR and the officer who reviewed my daughter's file did not even read it thoroughly:
1) We filed a Motion to Reconsder but the CIS denied "Motion to Reopen" which is something we never filed. Motion to Reconsider and Motion to Reopen are two different things.
2) The denial letter mentions that my daughter should have filed I-485 within a year of the visa becoming available (which was from November 8, 2001 to November 7, 2002).
For Heaven's Sake, my daughter had not been in the country during that period (from 11/08/2001 to 11/07/2002)... She came in May 2003 and filed her I-485 in August 2003 (not September 2003 like the denial letter stated). My green card was approved in June 2003.
.... etc.
just realized that we are dealing with someone who is so irresponsible and careless... obviously they don't care...Our Motion to Reconsider is supported by citations to appropriate statutes, regulations or precedent decisions... while the CIS don't both to answer our questions in our rebuttal brief (particularly the facts and cited regulations and interpretations), but insist on that my daughter is no longer eligible to adjust status as a derivative alien due to my status change from LPR to USC.....
I feel like we are throwing our hard earned money (over $31K) into water and talking to the wall....
WHERE IN THIS WORLD CAN INNOCENT PEOPLE LIKE MY DAUGHTER AND I SEEK JUSTICE...WHERE IS THIS COUNTRY'S SENSE OF FAIRNESS? WE ARE INNOCENT PEOPLE, VICTIMS OF THIS BROKEN IMMIGRATION SYSTEM... MY DAUGHTER HAVE BEEN LEFT OUT WITHOUT ANY OPTION ... WHOM AND WHERE CAN WE GO TO FOR THIS KIND OF UNFAIR CIRCUMSTANCE AND UNFAIR LEGISLATION....WE ARE GOING CRAZY...
TheRealCanadian
Volunteer Moderator
You used the same attorney, I suppose?
What references to statutes, regulations and precedent decisions did you quote that support your claim that a derivative beneficiary's ability to obtain permanent residence survives the naturalization of the primary applicant? I am genuinely curious.
What references to statutes, regulations and precedent decisions did you quote that support your claim that a derivative beneficiary's ability to obtain permanent residence survives the naturalization of the primary applicant? I am genuinely curious.