Question about the primary and derivative asylees

W

Winter1

Registered Users (C)
Hi, I am new here, and I may ask questions people have asked before.
I always think for the green card approval, since the derivative asylee’s case is dependent on the primary’s, the derivative should be approved after the primary asylee. But as the derivative, my case has been approved for months, nothing happens to the primary applicant.

I have several questions.
1) Are the cases of the primary and derivative treated by USCIS as two totally different cases?
2) People must have similar situations before. In your case, how long does it for the primary applicant to be approved after the derivative’s approval?
3) How much longer should we wait before we take some kind of actions? Should we call USCIS, FBI, etc.?

Thank you very much for the help.
 
Winter1 said:
Hi, I am new here, and I may ask questions people have asked before.
I always think for the green card approval, since the derivative asylee’s case is dependent on the primary’s, the derivative should be approved after the primary asylee. But as the derivative, my case has been approved for months, nothing happens to the primary applicant.

I have several questions.
1) Are the cases of the primary and derivative treated by USCIS as two totally different cases?
2) People must have similar situations before. In your case, how long does it for the primary applicant to be approved after the derivative’s approval?
3) How much longer should we wait before we take some kind of actions? Should we call USCIS, FBI, etc.?

Thank you very much for the help.
Click to expand...

Welcome to the forum !

When dealing with CIS, no clear answer for your questions. Some AS6 got approval first, some AS7 got approval first, some AS8 got approval first, even they submitted 485 together, and even they submitted RFE in the same time. Yes, in theory, AS6 should be approved first.

In your case, I believe the primary got stuck by FBI name check, which becomes a severe problem just recently.

What is you and your AS6 and AS8 timeline ?
 
Thanks, GrassRoot

time line:
ND: 8/02
1st FP: 10/04
Bio+code3+medical: 11/05
For derivative (AS7): approved 12/05
For principle (AS6): still waiting

I read the sticky thread about FBI name checks. It seems you can not call them any more. Does anyone get response by sending e-mail to FBI?
Thanks.
 
1. Yes

2. it varies.

3 do a written inquiry with NSC.


Winter1 said:
Hi, I am new here, and I may ask questions people have asked before.
I always think for the green card approval, since the derivative asylee’s case is dependent on the primary’s, the derivative should be approved after the primary asylee. But as the derivative, my case has been approved for months, nothing happens to the primary applicant.

I have several questions.
1) Are the cases of the primary and derivative treated by USCIS as two totally different cases?
2) People must have similar situations before. In your case, how long does it for the primary applicant to be approved after the derivative’s approval?
3) How much longer should we wait before we take some kind of actions? Should we call USCIS, FBI, etc.?

Thank you very much for the help.
Click to expand...
 
To thankful

thankful said:
1. Yes

2. it varies.

3 do a written inquiry with NSC.
Click to expand...


If the case was already transferred to TSC ( like most 2002 ND), do we still write to NSC ? What about InfoSeek appointment ?

Thank you.
 
Re:

Winter1 said:
Hi, I am new here, and I may ask questions people have asked before.
I always think for the green card approval, since the derivative asylee’s case is dependent on the primary’s, the derivative should be approved after the primary asylee. But as the derivative, my case has been approved for months, nothing happens to the primary applicant.

I have several questions.
1) Are the cases of the primary and derivative treated by USCIS as two totally different cases?
2) People must have similar situations before. In your case, how long does it for the primary applicant to be approved after the derivative’s approval?
3) How much longer should we wait before we take some kind of actions? Should we call USCIS, FBI, etc.?

Thank you very much for the help.
Click to expand...

My family experinence was that the AS8 were approved first.
2 months after the initial AOS with NSC/TSC.
The Primary and the spouse still waiting for an approval notice.
TIMELINE
Filed AOS with NSC: -Receipt Not. from TSC- December 30 2005 (as a family)
January 20, 2006 -code 3- biometrics for all members
Done a week later.
February 2, 2006 (all the children application were approved)
February 9, 2006 (3 GC from the minors were received)
Still waiting for the principal and the spouse approval notices.
 
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ccordova624 said:
My family experinence was that the AS8 were approved first.
2 months after the initial AOS with NSC/TSC.
The Primary and the spouse still waiting for an approval notice.
TIMELINE
Filed AOS with NSC: -Receipt Not. from TSC- December 30 2005 (as a family)
January 20, 2006 -code 3- biometrics for all members
Done a week later.
February 2, 2006 (all the children application were approved)
February 9, 2006 (3 GC from the minors were received)
Still waiting for the principal and the spouse approval notices.
Click to expand...


Good for you - I would say your family's cases are really unusual ( at this point ), but three very luck children ! How long have you been in this country ? I saw your AS granting is very late but your family approval is very fast !
 
GrassRoot said:
Thank you , thankful.

So you think InfoSeek appointment to speak with an IO is less useful ?
Click to expand...


I think immigration information officers are the district offices are pretty useless when it comes to the service center files. I know that my views could be skewed by the fact that I have the contact information of management people at the service centers and at the DC headquarters. I could generally solve problem for my clients this way.
 
Winter1 said:
Hi, I am new here, and I may ask questions people have asked before.
I always think for the green card approval, since the derivative asylee’s case is dependent on the primary’s, the derivative should be approved after the primary asylee. But as the derivative, my case has been approved for months, nothing happens to the primary applicant.

I have several questions.
1) Are the cases of the primary and derivative treated by USCIS as two totally different cases?
2) People must have similar situations before. In your case, how long does it for the primary applicant to be approved after the derivative’s approval?
3) How much longer should we wait before we take some kind of actions? Should we call USCIS, FBI, etc.?

Thank you very much for the help.
Click to expand...

I was a derivative and my case was approved one month before the principal case. I attribute this only to the fact that each case is handled separately and therefore can be handled by different immigration officers working faster or slower. To your questions:
1) Yes. If a derivative's filing criteria were met when I-485 was submitted then the case goes its own path.
2) See above.
3) You can alway write to them and inquire, but USCIS can make you wait until they officially post that they are working on cases filed at certain time. If your case was filed before that date and you have no decision, then you can contact them and make an inquiry. You can find processing dates here, based on where your case is pending (I assume NSC):
https://egov.immigration.gov/cris/jsps/ptimes.jsp
They are currently "officially" processing cases filed in December 2000. Of course many people with more recent applications are being approved, but this is their official timetable.
I'm sure you will not have to wait that long. Based on your info the primary could be approved any day now. Good luck.

Myself - Derivative:
ND: July 20 2002
FP: Nov 2004
Medical: Received by USCIS 09-29-05
APPROVED 12-2-05!!!
BIO: 2/15/06, Code 2
GC: received email from USCIS on 2/16/06(!!!) that my GC was ordered.

My Wife - Principal:
ND: July 20 2002
FP: Nov 2004
Medical: Received by USCIS 09-29-05
BIO: Code 3 Done on 09-27-05
APPROVED 1-10-06!!!
GC: in hand 1/14/05
 
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My experience

Me, my wife and 2 sons applied for asylum (2001), filled I-485 (7/2002) and did Bio. together (10/2004). My oldest son (AS8) received his GC 11/31/05, I (AS6) reveied my GC 12/07/05 and my wife (AS7) received hers 12/20/2005.
My little son still waiting!!!!!!
 
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