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I have an I-360 approved immigration case but I haven't filed I-485. What is my current status called?

Torrington, CT |

My I-360 case has been approved but I never received approval notice. I need to submit form I-824 in order to get duplicate copy of approval notice. On that form there's a question about my current status. I have no idea what it is because I havent filed I-485 yet.

Attorney Answers 2

Posted

The simple answer to your question is that the approval of an immigrant petition does not grant any status in and of itself, so you have the same status as you started with. However, while that answers your question, it does not leave you with any useful information, so we should start with refining your question to get useful information. If you are in the US, why do you need an I-824, generally used to get an approved petition to the consulate where originally the request was to file for a green card here in the US, or to let the consulate know that the petition is approved because while you are getting your green card in the US, your spouse and/or children are out of the US and need an immigrant visa.

If you are out of status yourself, then you are still out of status, and may or may not be able to file an I-485. For example, if you are an out of status religious worker, you may need to be grandfathered under §245(i). If you are an abused spouse, you may not need to be in status or even having entered the country legally to get a green card. I think we need more information before even attempting to answer the question.

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4 comments

Asker

Posted

I filed I-360 under VAWA. My case has been approved but I never received the approval notice. I called National Service Center and every time I talked to someone I got different information. First I was told to submit my request in writing to the Vermont Service Center which I did on Jan. 31 and April 4. I've never received an answer. I called NSC yesterday and was told that the approval notice wasn't returned to them so the only way for me to get a copy is to file I-824. The bad thing is that I need to pay $ 405 for the duplicate copy because without that paper I can't file adjustment of status.

Asker

Posted

One more question: If I go to Hartford Field Office will they be able to give me a copy of the approval notice?

Robert C Ross

Robert C Ross

Posted

Hartford likely cannot give you an approval notice. One possible solution is, if you have the receipt notice, and go to the website www.uscis.gov, there is a link to "Check my Case Status" on the left hand side. If the case is approved, will say "on [whatever day] we have approved this I-360 petition". I would try filing the I-485 with the receipt notice and the printout from the CIS site. They are the ones who approved it, they should know whether it was approved or not. I would include a cover letter explaining that you never got the approval notice and that you cannot afford to file for a duplicate. The notice is only proof of the approval, not the approval itself. The approval is certainly in your file, they can check easily enough. This is particularly true if you are filing with a request for waiver of fees - there is nothing to lose in that case. I would certainly try that before I spent so much money. But if you don't want to try that, put in either OOS (for Out of Status) if you overstayed a visa, or EWI (for Entered Without Inspection) if you entered without documents. Bob

Asker

Posted

Hi Robert! I ended up filing form I-824. I was thinking about doing what you have suggested but most likely Uscis wouldn't have processed my case without the approval notice. I wrote a letter to Vermont Service Center twice asking for a copy of the approval notice. They totally ignored me! I called the 1-800 number 3 times and received 3 different answers. In March after my phone call Vermont Service Center sent me a letter saying that I have to submit my request in writing. I did it, but as of today I haven't received anything. I guess they don't take letters seriously. I've already wasted 3 months waiting for their reply and don't want to waste more time. The I-824 processing time is 3 months! I had an attorney in my case but I withdrew his representation because of incompetency. He didn't even tell me that if I file I-485 based on an approved I-360 I can have the fees waived based on my income. From now on I'm trying to do what I can on my own. Let's see what happens. Thank you so much for your quick answers, you helped me a lot. I really appreciate your help.

Posted

Your I-360 does not give you any status. If you have not filed an I-485 yet, then your status is whatever it was before you filed the I-360.

Information provided in this answer is for general informational purpose only. Legal advice changes for each specific case, and it is impossible to give accurate advice without having a consultation and examining all relevant documents. Additionally, no attorney-client relationship is created until a consultation has taken place and an agreement between us has been met regarding terms of representation, if any.

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1 comment

Asker

Posted

Thank you so much for the quick answer!

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