Tracker: Waiting for Derivative's I-485 Approval

Filing a case anyone?

OK guys..am fed up. All this calling TSC and congressman does not have an effect. After every phone call, you are asked to wait 30-60 days, and it goes on. I am seriously thinking about filing a WOM case by myself, cant afford a lawyer at this point. I did go through the WOM threads here and got some basic info.
My question to you all is: now that visa #s are retrogressed to Jun 2003 for India, is my derivative application eligible for review under WOM? Or will they just come back to me and say that I have to wait for priority dates to be current? Does anyone know the answer?
 
This is the tragedy. If you file WOM case now, USCIS will have one line answer; "Priority Date is not Current" and your case end.




Anya4ever said:
OK guys..am fed up. All this calling TSC and congressman does not have an effect. After every phone call, you are asked to wait 30-60 days, and it goes on. I am seriously thinking about filing a WOM case by myself, cant afford a lawyer at this point. I did go through the WOM threads here and got some basic info.
My question to you all is: now that visa #s are retrogressed to Jun 2003 for India, is my derivative application eligible for review under WOM? Or will they just come back to me and say that I have to wait for priority dates to be current? Does anyone know the answer?
Click to expand...
 
You have two options
1. Wait until USCIS approve
2. File a lawsuit (Not WOM) why USCIS has not followed FIFO. Your spouse's case was approvable in August/September 2008. He/she has very old PD and RD. Name check cleared. Why USCIS has approved tons of cases with PD 2006 and I 485 RD July 2007 when this case was pending? This is definitely long and expensive way but will teach big lesson to USCIS and if you win, Federal court can order USCIS to pay all damages.

Anya4ever said:
Thanks...
No option but to wait then...
Click to expand...
 
Thanks, and sorry for the late response.
We've recently filed for EAD and AP renewal, and are in the process of collecting documents for filing a case. Will keep you posted.

khodalmd said:
You have two options
1. Wait until USCIS approve
2. File a lawsuit (Not WOM) why USCIS has not followed FIFO. Your spouse's case was approvable in August/September 2008. He/she has very old PD and RD. Name check cleared. Why USCIS has approved tons of cases with PD 2006 and I 485 RD July 2007 when this case was pending? This is definitely long and expensive way but will teach big lesson to USCIS and if you win, Federal court can order USCIS to pay all damages.
Click to expand...
 
Similar condition

Hello
My 485 was approved last year but still waiting for spouse..
Everything is clear but still no answers from IO

StillAlive said:
I guess our badluck continues, Today we went to Infopass after disaster bulletin for October 2008. Infopass officer says they don't have much authority, but she sent a email to the TSC IO officer. I
guess we all have to go to Hiberate at the end of this month :)
Click to expand...
 
I had a similar issue. I was approved March 2008. The issue was that our form were seperated, which seem t also be the case for many others. When I called IO All I got was that they were waiting for the principal application to be approved. I had to get the local office to get the application sent to them so thay could get the application back on track. Once it was sent to the local office we wnet in for an interview, had to do bio again as they had expired and finally went in to get a I-89 signed Dec 5th, now we are waiting for GC. Hopefully shoud be here in a couple of weeks.
 
Son's greencard still not approved

Hi,

Me and my spouse's GC got approved on July '07. But my son's (9 yr old) green card is still pending. Every time I call, I get a letter saying the case is processing and asking me to wait for another 60 days.

Now, I read somewhere in the forum that minors are not subject to retrogression. Is that true? If not, what else can be the reason of not approving his case.

Any input appreciated.
 
An approval.....for a derivative.

It's been a few days...but I wanted to post it.

After 2 and half years of waiting (just for I-485), my case was just approved. Please refer to my signature for the detail of my case. Until the approval, my case was the oldest pending I-485 case for TSC, EB-2, ROW category (on trackitt.com). Now, after my case approval, the oldest pending case.....has become the one from september 2006.

I wish everyone's case on this forum to be approved as soon as possible. I was also almost out of patience and was seriously considering WOM. For some of you, I believe you might had better try WOM. However, if you are going to go with WOM, you'd better be very well prepared. I am hearing so many cases of WOM filers being retaliated by USCIS in other way recently. So, you shouldn't give USCIS any single chance if you are to WOM.
 
Yayy!! Finally Over!

I can finally get out of this rut now. My first emails of this morning were that my derivative's welcome notice is mailed and card production ordered on Jan 26th:) My details since the last post are as follows:
We had been following up with USCIS with the help of our senator and Congressman, with no results. Finally, in frustration, my husband sort of yelled at the aide in Congressman's office. :eek: She was very nice and forgiving about it, and followed up with a phone call to our lawyer, asking for what they had done in this matter. Within 12hrs, we got to know that our file had not been assigned to an officer at USCIS, and therefore our lawyer could not do anything. We signed a "release of personal information" form for the senator's office last thursday. They were going to use it to pursue our lawyer and USCIS, we were told. And I got the approval mails this morning!
I dont know who did what to expedite the case. I am just relieved that this is over finally.
I thank you all who were supportive in this forum, and wish all of you who are waiting the very best.
 
Seems like there might have been quite a few people who were approved on January 26. After waiting for green card for almost 4 years, my case has been approved. See case details below

LC Filed- 3/05, AD 3/07- Row EB3, rest of the world
I-140 Filed- 7/07, AD-6/08
I-485 Filed-11/10/08, AD 1/26/09
Fingerprinting- 12/12/08
 
My I-485 approved but my wife's application still pending

My I-485 is finally approved!!

My wife's (derivative application) is not yet approved. No LUD changes also on her application.

---------
EB2 PD 11/2002
I-140 Approved 12/2006
I-485 RD 7/2007 NSC ND 9/2007 TSC
I-485 approved 1/15/2009
Card Received 1/26/2009
 
Can I-130 be filed for me?

(1) My husband received employer based green card in June 2007. Both of us are from India

EB3 Labor - filed on Aug 1, 2002 and approved in March 2003
I-140 - filed on April 2, 2003 and approved on May 8, 2003
I-485 - filed on May 30, 2003
Green card - approved on June 6, 2007

(2) We have been married since 2000 and have US citizen kids. We are still married.

(3) My 485 was also filed on May 30, 2003. Have attended 2 interviews, received 2-3 advanced parole and EADs. Numerous queries to BCIS

The 485 is still pending. The BCIS has been saying for last two years that they are waiting for visa numbers. Now the visa numbers are not available


- Do derivative 485 for dependents require visa numbers?


- Can my GC husband file I-130 for me without affecting other pending derivative 485 petition?


- Say the I-130 gets approved after 6 months. Can the underlying basis of derivative I-485 be changed to approved I-130 and still retain original priority date of derivative 485 filing?


Thanks for everyone's help
 
Finally got the magic e-mail for my wife also. It is a long wait of one year, after I got mine.

Thanks every one.
 
Can we attend ASC for FP before the actual finger printing date!

HI,
Congrats to Kazapuru!
My daughter has received the first finger printing having Code-2 notice today for 06/02/2009 at 11 am. I am thinking of taking my daughter to ASC-Baltimore for finger printing this Saturday i.e. on 05/30/2009. Do you think of any issue by doing this way!
 
My case is under EB-1 and in derivative section. My wife's case was approved
a year ago as we applied 485 together. The processing date has been overdue as it is August 8th, 2007 and my receipt date is two weeks earlier than that. I went to a local infopass for a few times and finally the officer
there helped to call Texas Service Center. She told me my case has been
assigned to jurisdiction and I should hear some result in the next 60 days.
I am not sure if it is a standard answer from USCIS or I should believe my case will
be processed by a IO soon. Has anybody here ever heard any similar response
from USCIS or infopass before? Many thanks.
 
Hi,
myself and my wife both got approval letters from USCIS. I got card production ordered and aprroval notice sent email but not for my wife. my wife status still shows as "case received and pending". i got my plastic card last week but not for my wife.

anyone in this forum experienced this? no emails and no status change for my wife but she received the approval notice. can I assume that her Visa number has been allocated? she called up USCIS (TSC) and they told to wait for 30 days since the receipt of approval notice and then call again. I am only afraid that is she was not alloted a visa number, then it might take a long time for the priority date to be current again...any thoughts? is there a reason for me to be afraid of?
please advise
 
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