Pre-Adjudication i-485; Approved i-130

[hkhan 0]

Hello. This is my first post and I'm glad to be here on this forum.

We're Pakistani Nationals and have an approved I-130. We received our approval in 2010. Our priority date is of May 2006 and as of now I think the current Visa Bulletin shows F3 visa number to be in February 2002. So I guess that's 4 years of waiting at best. Less if there are some policy changes but that's unlikely. Alright, now for the question:

Pre-Adjudication, there has been a lot of chatter in the immigration community about it. They say that if someone is in the US legally and applies for adjustment of status with an approved I-130 (priority date not current), then there I-485 will be pre-adjudicated. In other words all the fingerprinting and background checks will be taken care of etc. Then when a visa number is available, the case will be forwarded to the State Department or whatever agency for issuance of permanent residency. Is this true?

The idea is that USCIS is trying to clear a backlog. Rather than letting the I-485s pile up when the visa becomes current, their working on the files as they come along, they aren't approving it off course, but finishing all the checks and interviews etc.

[Delta5 9]

No. First, as of the present time you will not be able to use the form I-485, because you cannot register as a permanent resident or AOS, which what this form is all about, even if your are in the US in another legal immigrant visa. Your present category petition of F-3 with your PD does not allow you to file, since your PD is not close for adjudication, let alone current to the present VB. If you carefully check the I-485 form, the closest type of applicants who would be able to AOS in this form to your situation will be the first one on the list. Unfortunately, it requires an immediate available visa number that has been approved. Since you cannot use the I-485 ..... you will not be able to do any biometric (finger printing and background check).

In your category, the notion of Pre-adjudication seems a way to make the process faster, but in reality its NOT. A biometric has an expiration date (15 months). Let just say for argument sake, you can do the biometric now, what then happen to the 4 year gap when your PD is ready for processing. You don't think the USCIS and FBI can just ignore the 4 year gap with out doing any finger printing and background check after your biometric now and the possible 4 year future interview. Anything can happen to a beneficiary of a petition in those years. I'm sorry, but it will be just a lot of waste of time, effort and money in your part, not to mention the USCIS. It will only prolong the process and clog the system more instead of making it faster. I know its not easy to wait, but you just have to be extra patient. Other people in other countries have longer waiting time than you have with the same category and PD.

By the way, the chatters you heard from the immigration community, is just what it is, Just Chatter.

Edited April 8, 2012 by Delta5

[Delta5 9]

No. First, as of the present time you will not be able to use the form I-485, because you cannot register as a permanent resident or AOS, which what this form is all about, even if your are in the US in another none immigrant visa. Your present category petition of F-3 with your PD does not allow you to file, since your PD is not close for adjudication, let alone current to the present VB. If you carefully check the I-485 form, the closest type of applicants who would be able to AOS in this form to your situation will be the first one on the list. Unfortunately, it requires an immediate available visa number that has been approved. Since you cannot use the I-485 ..... you will not be able to do any biometric (finger printing and background check).

In your category, the notion of Pre-adjudication seems a way to make the process faster, but in reality its NOT. A biometric has an expiration date (15 months). Let just say for argument sake, you can do the biometric now, what then happen to the 4 year gap when your PD is ready for processing. You don't think the USCIS and FBI can just ignore the 4 year gap with out doing any finger printing and background check after your biometric now and the possible 4 year future interview. Anything can happen to a beneficiary of a petition in those years. I'm sorry, but it will be just a lot of waste of time, effort and money in your part, not to mention the USCIS. It will only prolong the process and clog the system more instead of making it faster. I know its not easy to wait, but you just have to be extra patient. Other people in other countries have longer waiting time than you have with the same category and PD.

By the way, the chatters you heard from the immigration community, is just what it is, Just Chatter.

[hkhan 0]

Thanks for your reply.

Ok. So no such thing as pre-adjudication for I-130 in F3. And rather then making the process faster, pre-adjudication would just clog the system more because of biometrics expiring and then having to be retaken, correct?

[Delta5 9]

Correct. Again, personal preemptive processing on your part are not required on your pending immigration petition category. It is more than likely to be frown upon by the USCIS of such action. The NVC will send you a notification of readiness packet once your PD is current or even close to being current and not long before. Just continue on your normal life. Monitor the VB once in a while ...... and patiently wait.