Very Interesting Questions for discussion (on 485, RFE, Dependent Application)

S

SouthIndian

Registered Users (C)
Hi All,

Good Morning.

I have some \'Very Interesting Questions\' to be posted here. Your comments are most welcome.

When a GC Application receives a "RFE" notice from INS for whom the \'PD is Current\'. The following questions are related to this topic,

1). Does it means his/her GC Application is with an \'ADJUDICATOR\'(officer who makes the final decision on the GC application?). If so, is the GC Application is in its FINAL APPROVAL STAGE?

2). When you send in the "Evidence" Requested by INS" for the RFE, does the MAIL ROOM People HANDLE them Uniquely and Send it to the Adjudicator IMMEDIATELY? Or will it be left along with other Mails?

3). Once the GC Applicant\'s Attorney sends in the "Evidence" Requested by the recent RFE, will the GC Application be APPROVED? If so, in what \'Time Frame\' does this happen from the time INS Receives the "Requested Evidence"?

4). Assuming the GC Applicant for whom above number \'1\' and \'2\' applies is a PRINCIPAL Applicant. And he gets married after his 485 filing and FP. And brings his wife into US on dependent visa and files her GC Application(I-485). Assuming INS HAD received her GC Application(known by the mail carrier\'s Return Receipt) and waiting for the Official INS Receipt for her application. In this scenario, if The "Evidence" for his RFE is sent to INS and HIS GC Application got approved, what happens to her GC Application? Will it be approved soon? What\'s her legal status before her approval(Is\'t waiting to adjust her status)? Will there be any problems in getting her GC Application approved(assuming her husband\'s GC Application was approved earlier to her\'s and her GC Application was filed with INS before HIS Approval)? Please let me know the \'Pro\'s and Con\'s" of this method.

5). "Is there a way that the INS Mail Room at VSC Knows" how to Differentiate the Mails received by it and ACT ON it appropriately? Is\'t each mail received at the mail room is being treated uniquely? That is to find out and treat accordingly If a specific Mail is a,
        a). New Application
        b). Dependent Application
        c). Response to RFE
        d). Others

6). Do they know and treat the Principal Applicant\'s Dependent Application recently received as "Dependent Application" and will it be PROCESSED Immediately/separately "Compared" to that of other NEW GC Applications(that is NOT holding it in the mail room along with other GC applications) it will be processed along with other GC applications in a regular fashion?

Any thoughts/comments would be highly appreciated.

PS: Any information given above is for discussion purpose and does NOT state any real life facts.

Thanks and have a great day.

Regards
Priyadarshini
 
No Title

Right questions and important too while processing GC. But my thought is if we are clear on the answers to these questions, then there doesn\'t need to be a discussion board. From this board, I can say that neither the IIO, INS adjucation officers, the lawyers or any of us know how the processing is done at INS. Hope someone knows that.
 
No Title

I will try and answer the questions based on my experience as
well as from what I have learnt on this forum...

1) Yes, once the RFE is sent out, it means that the case is with
an officer and is in the final stages of its life at the service
center...

2) The RFE Response certainly won\'t be left along with the other
mail...since the Response (if filed properly by the Attorney) should
go back to the service center along with the original RFE letter (this
RFE letter contains a bar code) which helps the mail room folks to
send it to the correct destination (destination being the adjudicating
officer\'s desk)

3) After the RFE response is sent out to the service center, it will
be entered into the Service Center\'s system...it takes anywhere between 4-10 days for this to happen...AFTER it\'s entered into the
system (typically, this is when the AVM also gets updated) it takes
anywhere between 2 days - 2 months (this wildly fluctuates, based on the case load of the particular officer) for the approval with a caveat that the adjudicating officer is satisfied with the RFE Response...I have seen cases where the application is transferred to the local office AFTER the RFE response was received...although this is quite rare!

4) As long as INS receives the application of the dependent prior to
the primary applicant being approved, it shouldn\'t be a problem whatsoever...one thing with VSC is, they will not link up the Primary
and Dependent applications if they aren\'t filed together, so the Dependent\'s application will take its own course (meaning that it won\'t be approved any sooner than the rest of the applicants whose 485 ND\'s are earlier), when once it\'s applied...and the Dependent status will be just like any other applicant\'s status who is waiting for 485 approval...the Dependent will have EAD to work and AP to travel.

5) The mail room folks will not know the difference between a new
applicant, and a dependent applicant...but, they will know if the
package that they received is part of an RFE response (if properly
filed)...but, the person who enters the information (I am not sure
if the mail room folks enter it or someone else) in the CLAIMS system
will certainly know wether the application is of the Primary applicant
or the Dependent applicant...if all the proper documents are attached...in case of a Dependent application that\'s being filed after the Primary applicant\'s Receipt Notice is received, the attorney filing the Dependent application should certianly include (at a minimum) a copy of the Receipt Notice and a copy of the Marriage Certificate as supporting documents to the Dependent application...

6) It will be processed along with other GC applicant\'s in a regular fashion (atleast VSC)...I have no idea why they do it this way, it
should be quite easy for them to link up these applications together (even when the Dependent application is filed much later) and approve them together...but, they wouldn\'t do it...so, the Depenedent application, will go with the regular flow of applications...in a way,
this makes their life easier probably...I don\'t know...

From your posting I think you are trying to understand what the
situation is, if VSC approves the Primary Applicant\'s 485 even before
they enter the Depenedent Applicant\'s info into their system...I certainly do not think it will be a problem...they will accept the
Dependent Application and process it...

Hope this helps,
Srini
 
No Title

from my I140 and LC experience and from own logic of this is how they most probably doing things, I answer your questions:

1. When you get an RFE, all other priliminary processings are over, this is the very last stage before generating approval notice.

2. when you send your reply letter, you refer your EAC number, this is the primary key, what I think that the mail room staff probably would do is, they open each mail, look at the EAC number, and mark an entry on the system specifiying that this case has been recived a reply to a spefic RFE on such date and then file your letter in your case file folder. or possibly they could store your reply on electronic format into the system under your EAC #

3. Time between receipt of reply to RFE and approval varies occording to the current
situation at the SC\'s.( like right now they have Mail room problems at VSC will affect this process ). I have seen cases approved between 3 days to 1 month.
4. Like I said in answer number 2, all your replies and additional applications are
stored in the computer under your EAC number, this is the KEY, so when they print
your approval notice, they will notice all the dependants of your case, if they see that
they have received some dependant applications recently, they will send FP notices
to the dependants, so if you had send your dependants applications before they print
your approval notice, your dependants are also in the pipeline of processing. They might get the approval too if they had finished all the formaliltes like FP and no RFE on their medical or birth certificates.

5. I think every day, each adjudicating officer runs a report on their case numbers that
they are working on, that report will show what has happened new in those particular
cases like, got reply to RFE, got dependant applicatins etc, so if he/she finds some change in a case, they open that case and proceed further.
6. read answer 5.

hope this helps
good luck
 
No Title

Hi Ranjan,

Thanks for your detailed reply. I appreciate it much. Good luck and have a great day.

(CC: To Srini123)

Regards
Priyadarshini
 
No Title

Hi Net,

Good Afternoon. Thanks for your detailed reply. I appreciate it much. Good luck and have a great day.

Regards
Priyadarshini
 
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