Dear experienced members,
I have a question here and need your input, especially someone with the same experiences. Any input or any thoughts are greatly appreciated! We desperately need to know. Thanks in advance!
The situation:
I have EB2, 485 pending, priority date will be current.
I have a girlfriend. Here is her story:
1. She entered US with B visa, then switched to dependent of the 485 of her mother’s.
Her mother’s 485 is EB2 through employment. When her mother added her in the 485, the 485 was still pending.
2. Her mother’s case was approved long time ago, and her mother was a green card holder for 5 years. My girl friend’s case was pending during this period of time.
3. Then this year, her mother applied for US citizenship and changed status from a green card holder to US citizen.
4. After that, my girl friend’s case is processed by USCIS and USCIS denied her case because her mother is no longer a green card holder, but a US citizen. It is a bizarre reason to deny we believe, but there is nothing we can do at this moment to change USCIS’s decision.
5. So she did appeal and the immigration court sent her notice for appearance. The date could be a few months later or 1 or 2 years later. So her fate will be decided at the court. The chance that the court will overturn USCIS’s decision is <20% according to her lawyer. If the judge maintains USCIS’s decision, she will be deemed as illegal for the entire period of time when she was a dependent in her mother’s 485 case in US, which means she will never come back to US.
My questions are:
1. Since my 485 is pending, can we get married and add her as my dependent in my 485 case? Will this help her to get a green card? Will the immigration officer review her case and find out the previous denial?
2. If the judge’s verdict is the same as USCIS’s previous decision on her first case as the dependent of her mother’s case, can she still stay in US as my dependent?
3. By adding her as my dependent in my 485, will it have any negative impact on her pending case with the immigration court? Will the judge know about the second case and suspect it is fraudulent?
4. If my case is approved before the court appearance and she gets her green card this way, does she still have to go to the immigration court?
5. If the answer is yes for #4, then the immigration court verdicts that her first case is denied, will her green card (got through my case) be revoked later?
I know it’s a very complex case and I do need to know how to help her effectively through this case. Any input or any thoughts are greatly appreciated! We desperately need to know.
I have a question here and need your input, especially someone with the same experiences. Any input or any thoughts are greatly appreciated! We desperately need to know. Thanks in advance!
The situation:
I have EB2, 485 pending, priority date will be current.
I have a girlfriend. Here is her story:
1. She entered US with B visa, then switched to dependent of the 485 of her mother’s.
Her mother’s 485 is EB2 through employment. When her mother added her in the 485, the 485 was still pending.
2. Her mother’s case was approved long time ago, and her mother was a green card holder for 5 years. My girl friend’s case was pending during this period of time.
3. Then this year, her mother applied for US citizenship and changed status from a green card holder to US citizen.
4. After that, my girl friend’s case is processed by USCIS and USCIS denied her case because her mother is no longer a green card holder, but a US citizen. It is a bizarre reason to deny we believe, but there is nothing we can do at this moment to change USCIS’s decision.
5. So she did appeal and the immigration court sent her notice for appearance. The date could be a few months later or 1 or 2 years later. So her fate will be decided at the court. The chance that the court will overturn USCIS’s decision is <20% according to her lawyer. If the judge maintains USCIS’s decision, she will be deemed as illegal for the entire period of time when she was a dependent in her mother’s 485 case in US, which means she will never come back to US.
My questions are:
1. Since my 485 is pending, can we get married and add her as my dependent in my 485 case? Will this help her to get a green card? Will the immigration officer review her case and find out the previous denial?
2. If the judge’s verdict is the same as USCIS’s previous decision on her first case as the dependent of her mother’s case, can she still stay in US as my dependent?
3. By adding her as my dependent in my 485, will it have any negative impact on her pending case with the immigration court? Will the judge know about the second case and suspect it is fraudulent?
4. If my case is approved before the court appearance and she gets her green card this way, does she still have to go to the immigration court?
5. If the answer is yes for #4, then the immigration court verdicts that her first case is denied, will her green card (got through my case) be revoked later?
I know it’s a very complex case and I do need to know how to help her effectively through this case. Any input or any thoughts are greatly appreciated! We desperately need to know.
