Form I-485

Chicago Field Office updates – 07/01/10

Completing a naturalization application where the applicant is unable to recollect all the times  

In situations where the applicant travels frequently on business or when an applicant is a long-time permanent resident who traveled frequently since first obtaining permanent residence the Chicago Field office accepts an affidavit attesting to approximate dates of travel.

 

Green Card: 
Immigration Law : 
Agency: 
Citizenship and Naturalization: 

How to check if I-485 received

How will i know if they already recived ( i mean is there a way to trck it) my application for the change of status (I-485). i sent that last april 29, 2010....how long do i have to wait for the responds from the uscis....

You can verify delivery (if sent by Fed Ex, UPS, etc.) and also check with your bank if your fees checks were encashed.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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What would be derivative's status

What would be derivative's status during the interim between the final divorce and the 485 is adjudicated/denied? Is it true s/he is still on AOS until the 485 is adjudicated?

In my view, the moment of divorce takes away the right to be a derivative and hence also the legal right to have a 485 pending.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green card under the Child Status Protection Act

I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?

Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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NBC Updates – 04/02/10

Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.

Team Notes: 
Aila doc: 31584
Agency: 
Immigration Law : 

When can I apply for EAD?

May be a newbie question, I'm from india and I just got my I-140 approved in EB2, Can i file my I-485 as pending or do i need to wait for the date to be current. Is there any way to get EAD so that my spouse can also work?

This is a newbie question. :-) I-485 cannot be filed till PD is current and EAD cannot be obtained until I-485 is filed. H-1 is one obvious way for her to work.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Quickest way to get a GC

I was a resident physician on the H1B visa.. Prior to completing residency, I got the EAD(my husband , a pharmacist had applied for a Green card through his company). That was in 2006 and we have since made no progress as the EB3 numbers are not current. I did not renew my H1B after the initial 3 years because I could work with the EAD. Would I get a GC faster if I start my own application or should we keep waiting? Can both of us have seperate applications without one affecting the other? Are we better off just waiting?

Generally speaking, where there is a choice, we always file multiple green card applications for spouses.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Pending I-485 and marraige

Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days), Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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File I-485 while J-1 waiver is pending

I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?

To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Legality of I-485/I-130 filing

I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.

This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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