The interview was done last May 30 in the local field office, and the I-130 was approved by the IO same day. But since the i485 is not current she told us that she cannot approve it even though she told us that everything is complete and seems no issues with the documents presented. Instead, she gave us retrogress letter. In the letter, it mentioned that the case will be sent back to NBC, and NBC will handle the case. The present status of the case now is "the case is under review". Now that the I485 will be current by July 2019, what is the chance to get the approval?
if the F2A category is current in July, which it will be - then have to immediately seek to contact USCIS to have them approve the I-485 during the month of July. Better retain a competent and experienced attorney - fast.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It appears that you have filed the combo I-130/I-485 back when the visa was current. Next, the visa retrogressed. The adjudicating officer approved I-130, but sent the I-485 to wait until the visa gets current again WITH THE NOTE THAT IT PREVIOUSLY RETROGRESSED. In my experience such cases get adjudicated quickly when the visa gets current once again. You are now in a rather good position having the I-130 already approved. In the event that the USCIS denies the I-485, you have the second shot at the Immigration Judge to get your I-485 approved. Be ready to obtain the new I-693 medical examination and the new I-864 affidavit of financial support. Those two documents have a shelve life up to 1.5 years. In the case gets delayed, you will need to update those documents. If you want your case handled right (by the USCIS), engage an immigration attorney in your area.
The green card may be filed in July. It will not be adjudicated for 20 months or so. But, in the meantime the person will receive, if applied for, temporary employment and travel permission.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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