What Happens When the I-485 Is Under Review

  • #one

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

Thanks.

  • #two

The "nether review" can be some elementary bug.

Or some serious problems, such as:

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

run across http://www.greencardapply.com/news/news06/news06_0221.htm

  • #3

Thank you vectorp for your reply.

I accept 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 married woman's GC.

Hopefully, I will get mine shortly.

Thank you for your answer.

  • #four

Give thanks you vectorp for your respond.

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

Don't want the dates to be retrogressed equally the Judge is waiting for my GC to approve my wife'due south GC.

Hopefully, I will get mine soon.

Thank you for your reply.

If her H-iv was approved nunc pro tunc, the IJ could terminate proceedings to allow her to pursue an application with USCIS. Talk to Ice Counsel nigh the possibility of their joining a Move. Water ice has Policy Memos almost this sort of matter. It is government waste to pursue a instance such equally the i y'all have described.

  • #5

Joe,

Thank you for your reply.

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

So, our attorney probably don't want to practice that. He charged me big fatty dollars to go GC in the court.

Thank you for your respond.

  • #6

Joe,

Thank you for your answer.

I spoke about this to our chaser for deporation, he said, out best interest is to get the GC thru the courtroom, subsequently we got approval for NPT, we applied for movement to reopen I-485 two times, simply they would but deny giving a reason as "For Technical Reason", the I-485 remains denied.

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

Thank you for your reply.

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

  • #7

Thank you joe for your answer.

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 become our GCs and exist washed with it and get out of this mess. Y'all may take seen my other posts, I had a really very very tough year starting Oct. 2009 to July-August 2010.

Wish me luck.

Thank you & All-time Regards.

  • #8

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

I was already interviewed in October. 2009, Will I still exist interviewed once more ?

Anyone went thru this ?

  • #9

My PD is current since May, did Service Requests, infopass & all that was possible to cheque condition of my instance.

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

Subsequently that in a calendar 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 accept to appear for the interview.

During my commencement interview, the chaser who came with me didn't do a affair rather than sitting and listening to our talk. Should I hire an attorney this fourth dimension ?

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

Donno what's going with my case.

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

  • #x

Update after Interview

Hi,

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

After that he took 2-iii mins. on the estimator 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.

  • #eleven

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

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

The chaser in the interview is the equivalent of a bodyguard. When you walk into a potentially tearing state of affairs you don't want your babysitter to run around beating up people, you lot want him to stay nearby then nobody messes with y'all.

Congrats on your GC approval!

Final edited by a moderator:

  • #12

Not in my case.

Commonly that'southward a skillful thing. Their presence is to stop the interviewer from going likewise 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 vehement situation you don't desire your bodyguard to run around beating upwardly people, you want him to stay nearby and then nobody messes with you.

Congrats on your GC blessing!

Yes, I agree they can be bodyguard.

you may be right every bit a full general, but non in my instance.

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

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

He should have sent some other attorney in the start identify rather than worrying nearly his money.

  • #14

i was practical for i 485 green menu basic on my family aviary :( my father they approve when i was 19 years erstwhile )that means in 2006 but i make it 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 Nearly Request for Evidence Response Review merely afterward 90 days when i wrote email they told me ..
based on your request, nosotros researched the status of this case. Your example is currently on concord, pending further instruction from headquarters regarding this type of instance. The I-485 Asylum supervisor was contacted for further information regarding the hold location for this case. This instance 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 belongings your case along with other similar cases, awaiting a headquarters' determination regarding the awarding 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 observe of activity on this instance inside 6 months, from the date of this response, delight feel free to contact us again for further updates. Nosotros apologize for whatsoever inconvenience this may cause.
Thank yous,
USCIS Nebraska Service Center
what is that mean can you explain to me and what i accept to do

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

garrettwenton.blogspot.com

Source: https://forums.immigration.com/threads/what-happens-when-the-i-485-is-under-review.305529/

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