Family Based Petition -Married children of USCitizen over 21 years old.

[matuk tuokan 2]

It was Tuesday March 15 early in the morning my family and I went to an interview for our adjustment of status.My wife was the principal benefeciary and I am the derivative beneficiary.The immigration officer called us after 2 hours of waiting in the waiting room.He asked and looked all the documents and all proof that the US government issued each one of us like,EAD,SS card,Drivers license,I-94,passport,birth certificate,etc.He ask a lot of question about what is written in our application form and we answered all the question exactly of what is written in through our applications. Why this immigration officer can not come up with his final decision towards our case knowing that the National Benefit Center was already check and Adjudicated all the documents and it was a clean case and all implications of eligibilty was reviewed and we are very much eligible for 245i laws.At the end of the interview the IO gave us a piece of paper stating:

Please inquire after 30 days:

An adjudicative review of your case is needed.No additional infomation is required from you at this time.

What is this means,He did not tell if it is Approved or Not approved...I don't understand at all Why?We have waited this petition since 1993.Please!

[aleful 1,905]

It was Tuesday March 15 early in the morning my family and I went to an interview for our adjustment of status.My wife was the principal benefeciary and I am the derivative beneficiary.The immigration officer called us after 2 hours of waiting in the waiting room.He asked and looked all the documents and all proof that the US government issued each one of us like,EAD,SS card,Drivers license,I-94,passport,birth certificate,etc.He ask a lot of question about what is written in our application form and we answered all the question exactly of what is written in through our applications. Why this immigration officer can not come up with his final decision towards our case knowing that the National Benefit Center was already check and Adjudicated all the documents and it was a clean case and all implications of eligibilty was reviewed and we are very much eligible for 245i laws.At the end of the interview the IO gave us a piece of paper stating:

Please inquire after 30 days:

An adjudicative review of your case is needed.No additional infomation is required from you at this time.

What is this means,He did not tell if it is Approved or Not approved...I don't understand at all Why?We have waited this petition since 1993.Please!

if she is from the Philippines, then the priority date isn't current. you will not be granted a visa until the priority date becomes current.

the category F3 for Philippenas for April is Jan 1st, 1992, so if your priority date is in 1993, you all still have more than a year of waiting, who knows depending on the visa bulletin. you'll have to check every month.

[matuk tuokan 2]

@aleful

Thanks for the response and for the information,let me discuss a brief summary of our case If you are aware the Priority date before we filed Our Case,the Priority date was current Visa bulletin of November 2010 was 1995 and we filed before it retrogress.By December of 2010 the visa bulletin moves back to 1991.Why the USCIS acccept our application cashed our fees,scheduled our biometrics,issued us EAD and even scheduled an interview as final stage of our Visa journey.In the first place they shouln't have accept the application if not ready to process visa.

[Deputy Purple 1,294]

Have you maintained Legal Presence while waiting? Unless I'm mistaken Illegal Presence is only overlooked or forgiven for spouses of USC.

[matuk tuokan 2]

@Bob4anna

it's not only those married to USC can be forgiven also those didn't maintain their legal presence. There is a law which they called 245i or I-485 supplement A that can be use by those who are eligible to use this benefit for AOS.

[aleful 1,905]

@aleful

Thanks for the response and for the information,let me discuss a brief summary of our case If you are aware the Priority date before we filed Our Case,the Priority date was current Visa bulletin of November 2010 was 1995 and we filed before it retrogress.By December of 2010 the visa bulletin moves back to 1991.Why the USCIS acccept our application cashed our fees,scheduled our biometrics,issued us EAD and even scheduled an interview as final stage of our Visa journey.In the first place they shouln't have accept the application if not ready to process visa.

beats me!! I cannot answer that, but hundreds, maybe thousands of people have been affected, in every category. last year,

For example, the category for siblings was current in August last year, in Feb or March the bulletin retrogressed 2 years. people already had made payments, some got their appointments and interviews. the rest are waiting for an appointment, even if the case has been completed.

everything's fine with the paperwork, but they can't get their GC until their PD becomes current, which can be this year, next year, who knows!

everbody is so mad, and it's not fair, but what is fair about immigration?

Edited March 18, 2011 by aleful

[aleful 1,905]

Have you maintained Legal Presence while waiting? Unless I'm mistaken Illegal Presence is only overlooked or forgiven for spouses of USC.

they are adjusting under the 245i law.

[matuk tuokan 2]

Form I-485 and form I-485 supplement A (245i} with a penalty of 1,000 dollars.Not all non-legal immigrant can use this benefits unless they were a beneficiaries of 245i.

[JimVaPhuong 4,863]

@aleful

Thanks for the response and for the information,let me discuss a brief summary of our case If you are aware the Priority date before we filed Our Case,the Priority date was current Visa bulletin of November 2010 was 1995 and we filed before it retrogress.By December of 2010 the visa bulletin moves back to 1991.Why the USCIS acccept our application cashed our fees,scheduled our biometrics,issued us EAD and even scheduled an interview as final stage of our Visa journey.In the first place they shouln't have accept the application if not ready to process visa.

They will accept the application if the priority date is current at the time you filed. If the cutoff date retrogresses after you file but before the AOS is approved then they'll usually put your case on hold until your priority date becomes current again. This won't have any effect on your 245(i) eligibility, but it might mean you have to wait a little longer.