So here is my story. I am a beneficiary of an I-130 petition filed by my mother, a U.S. citizen. I am an adult child over 21, in the 1st preference category. The I-130 was approved a year ago, I had to wait for my priority date to apply for adjustment of status. I have a daughter, so I have filed our I-485 applications at the right time. They were accepted, we have done the biometrics, I have received my EAD, we both received our interview appointments.
So here is the deal. At the appointment I was granted permanent resident status. Unfortunately, I was told that my daughter's case will be denied. They have thought I was an immediate relative, which would not have a derivative status for my daughter. But that was wrong. I was in 1st preference, and my daughter had a derivative status.
I was told I should withdraw my daughter's application, so there will be no negative record on her (she is 9), otherwise her case will be denied.
I have not gotten any time to think - no notices for intent of denial, nothing. I signed the withdrawal thing and went home. I dug up the laws and regulations - the whole thing happens to be wrong. So at that moment, my daughter became illegal, out of status (before she was on F-2).Now I just hope I can get that application re-evaluated, which is soooo hard to do.
So the lesson is: before the interview, find the laws within the Immigration and Naturalization Act (INA) and 22CFR that state specifically your category and the things you are entitled to. Have copies of that with you. Have your lawyer find them for you, if you can't. And stick them in the officer's face as soon as any question arises.
So here is the deal. At the appointment I was granted permanent resident status. Unfortunately, I was told that my daughter's case will be denied. They have thought I was an immediate relative, which would not have a derivative status for my daughter. But that was wrong. I was in 1st preference, and my daughter had a derivative status.
I was told I should withdraw my daughter's application, so there will be no negative record on her (she is 9), otherwise her case will be denied.
I have not gotten any time to think - no notices for intent of denial, nothing. I signed the withdrawal thing and went home. I dug up the laws and regulations - the whole thing happens to be wrong. So at that moment, my daughter became illegal, out of status (before she was on F-2).Now I just hope I can get that application re-evaluated, which is soooo hard to do.
So the lesson is: before the interview, find the laws within the Immigration and Naturalization Act (INA) and 22CFR that state specifically your category and the things you are entitled to. Have copies of that with you. Have your lawyer find them for you, if you can't. And stick them in the officer's face as soon as any question arises.