I applied I-485 AOS for my spouse and myself using cross-chargeability rule as dates for my country of birth are not current. My I-485 is based on employment based on approved I-140 petition in EB2 category. Applied at TSC and also got receipts.
In my I-797 for I-485 application,
why is my preference classification blank? (when my I-140 is based on EB2)
Priority date is correct though.
In spouse I-797 for I-485
both preference classification and priority date fields are blank. (she is seeking derivative benefit through me)
Why preference classification is blank for both of us? Is it because it is cross-chargeability case?
Who the heck knows? Could very well be the cross-chargeability that threw them off..
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. 23 years of successful immigration law experience. The answer above is only general in nature 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.
Have you tried reaching out to the attorney who filed the AOS application?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Did you use a lawyer?
Was there a detailed cover letter in BOLD and LARGE font explaining cross chargability?
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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