What happens when the I-485 is under review.

[dave74]

I called the USCIS and spoke to 2nd Level CSR, she told me that my file is with the officer and is under review.

My wife's case is in the Immigration Court and awaiting my GC to get her GC, we failed to maintain her H4 status and retroactively got approval thru Nunc Pro Tunc Process.

Will that put my case under scanner ?

Gurus, Please reply

Thank you.

 

[vectorP]

The "under review" can be some simple issues.

Or some serious problems, such as:

1) Validation of Legal Status:
2) Questionable Admissibility / Qualifications for Adjustment
3) Apparent Fraud
4) Fingerprint Rejection
5) Medical Conditions

see http://www.greencardapply.com/news/news06/news06_0221.htm

 

[dave74]

Thank you vectorp for your reply.

I have been waiting since May 2011 (PD 5/23/2011) for my GC.

Don't want the dates to be retrogressed as the Judge is waiting for my GC to approve my wife's GC.

Hopefully, I will get mine soon.

Thank you for your reply.

 

[BigJoe5]

Thank you vectorp for your reply.

I have been waiting since May 2011 (PD 5/23/2011) for my GC.

Don't want the dates to be retrogressed as the Judge is waiting for my GC to approve my wife's GC.

Hopefully, I will get mine soon.

Thank you for your reply.

If her H-4 was approved nunc pro tunc, the IJ could terminate proceedings to allow her to pursue an application with USCIS. Talk to ICE Counsel about the possibility of their joining a Motion. ICE has Policy Memos about this sort of thing. It is government waste to pursue a case such as the one you have described.

 

[dave74]

Joe,

Thank you for your reply.

I spoke about this to our attorney for deporation, he said, out best interest is to get the GC thru the court, after we got approval for NPT, we applied for motion to reopen I-485 2 times, but they would just deny giving a reason as "For Technical Reason", the I-485 remains denied.

So, our attorney probably don't want to do that. He charged me big fat dollars to get GC in the court.

Thank you for your reply.

 

[BigJoe5]

Joe,

Thank you for your reply.

I spoke about this to our attorney for deporation, he said, out best interest is to get the GC thru the court, after we got approval for NPT, we applied for motion to reopen I-485 2 times, but they would just deny giving a reason as "For Technical Reason", the I-485 remains denied.

So, our attorney probably don't want to do that. He charged me big fat dollars to get GC in the court.

Thank you for your reply.

The official complaint form regarding unethical or incompetent representation is EOIR-44.

 

[dave74]

Thank you joe for your reply.

I have had so many issues and financially and healthwise also, I am torned down, I would not want to go that route.

I wish we just get our GCs and be done with it and get out of this mess. You may have seen my other posts, I had a really very very tough year starting Oct. 2009 to July-August 2010.

Wish me luck.

Thank you & Best Regards.

 

[dave74]

I just got off the phone with USCIS Customer Service, they said that I should expect an interview.

I was already interviewed in Oct. 2009, Will I still be interviewed again ?

Anyone went thru this ?

 

[dave74]

My PD is current since May, did Service Requests, infopass & all that was possible to check status of my case.

In the infopass on 8/11, I was told that I dont need an interview & should get decision in 2-3 weeks.

After that in a week, got a letter for interview, inquired again today if the letter crossed me since the last visit, the IO said, since I got an interview letter, I have to appear for the interview.

During my first interview, the attorney who came with me didn't do a thing rather than sitting and listening to our talk. Should I hire an attorney this time ?

Also, last time we had an interview, we had a problem with my Wife's H4 status, which is clear now & pending in the Immi. Court. Surprisingly, she got fingerprint appt along with mine even though her case is in court waiting for my I-485 approval. And that too she got her FP notice at my office, her deportation notice & H4 NPT approval came at my house address.

Donno what's going with my case.

Would appreciate any reply and also from anyone who had more than 1 interview for their employment based I-485 application.

 

[dave74]

Update after Interview

Hi,

I had an interview today and the IO asked about documents and if I was ever arrested, which was No.

After that he took 2-3 mins. on the computer and told me that he has approved my case, I should receive my GC within 2 weeks.

Also received the CPO email from USCIS.

Thank you for all your help.

 

[Jackolantern]

During my first interview, the attorney who came with me didn't do a thing rather than sitting and listening to our talk.

Usually that's a good thing. Their presence is to stop the interviewer from going too far with invasive questioning or to stop you from going too far with your answers, not to actively participate.

The attorney in the interview is the equivalent of a bodyguard. When you walk into a potentially violent situation you don't want your bodyguard to run around beating up people, you want him to stay nearby so nobody messes with you.

Congrats on your GC approval!

 

[dave74]

Not in my case.

Usually that's a good thing. Their presence is to stop the interviewer from going too far with invasive questioning or to stop you from going too far with your answers.

The attorney in the interview is the equivalent of a bodyguard. When you walk into a potentially violent situation you don't want your bodyguard to run around beating up people, you want him to stay nearby so nobody messes with you.

Congrats on your GC approval!

Yes, I agree they can be bodyguard.

you may be correct as a general, but not in my case.

first of all, he came so late, that too after making him couple of calls, after he came, he told me that he is sick, have flu, can't hear anything. Before interview, he tells me to involve & explain what the IO is asking and he will reply to the question. So he wants me to have the IO wait until I explain to him.

After coming out of the interview, he asks me if everything went ok.

He should have sent another attorney in the first place rather than worrying about his money.

 

[sammy007]

i 485 green card nunc pro tunc

i was applied for i 485 green card basic on my family asylum my father they approve when i was 19 years old )that means in 2006 but i arrive to U.S in 2009 and i applied on 23/12/2011 an i submit all missing files but on 08/06/2012 they posted for About Request for Evidence Response Review but after 90 days when i wrote email they told me ..
based on your request, we researched the status of this case. Your case is currently on hold, awaiting further instruction from headquarters regarding this type of case. The I-485 Asylum supervisor was contacted for further information regarding the hold location for this case. This case has been placed on a “Nunc Pro Tunc” hold shelf, due to the fact that you are not currently eligible for the benefit sought. If this application were adjudicated at this time, it would be denied. Therefore, we are holding your case along with other similar cases, awaiting a headquarters’ determination regarding the application of Nunc Pro Tunc.
Unfortunately, a time frame for cases being held in this location has not been provided. If you have not received a decision or other notice of action on this case within 6 months, from the date of this response, please feel free to contact us again for further updates. We apologize for any inconvenience this may cause.
Thank you,
USCIS Nebraska Service Center
what is that mean can you explain to me and what i have to do

 

[BigJoe5]

i was applied for i 485 green card basic on my family asylum my father they approve when i was 19 years old )that means in 2006 but i arrive to U.S in 2009 and i applied on 23/12/2011 an i submit all missing files but on 08/06/2012 they posted for About Request for Evidence Response Review but after 90 days when i wrote email they told me ..
based on your request, we researched the status of this case. Your case is currently on hold, awaiting further instruction from headquarters regarding this type of case. The I-485 Asylum supervisor was contacted for further information regarding the hold location for this case. This case has been placed on a “Nunc Pro Tunc” hold shelf, due to the fact that you are not currently eligible for the benefit sought. If this application were adjudicated at this time, it would be denied. Therefore, we are holding your case along with other similar cases, awaiting a headquarters’ determination regarding the application of Nunc Pro Tunc.
Unfortunately, a time frame for cases being held in this location has not been provided. If you have not received a decision or other notice of action on this case within 6 months, from the date of this response, please feel free to contact us again for further updates. We apologize for any inconvenience this may cause.
Thank you,
USCIS Nebraska Service Center
what is that mean can you explain to me and what i have to do

It means that they are trying to figure the proper legally allowed action to take. It has NOT been denied and that is good for you. There are cases being fought in the courts and perhaps to the BIA as well and when they get sorted out, then USCIS will be able to make a final decision. They already told you that if you forced a decision this minute it would be denied.