Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I am a US citizen. I filed an I-130 Petition for Alien Relative for my mother, and then separately filed an I-485 Application to Adjust Status green card application for her. She was interviewed for her I-485 application in March. We received the approval for her I-130 petition in April. But we are still waiting for the approval of her green card. It looks like the two applications were not connected to each other. What do I need to do?
THE IMMIGRATION ANSWER MAN – ARI SAUER: If the I-130 Petition for Alien Relative and the I-485 Application to Adjust Status (green card application) were not properly connected to each other, then the USCIS adjudicating officer would not have the applicant’s entire file at the time of the interview. This is not uncommon, especially when the I-130 and I-485 are filed separately, or where the applicant has older previous applications that were filed with USCIS. When this happens, the adjudicating officer will usually tell the applicant that they are missing part of their file and must request the missing file(s) from another USCIS office before making a decision on their I-485 application.
If the interviewing officer told your mother that they were missing part of her file at the time of the interview, then you will need to wait until the officer is able to have the file sent to them. The USCIS officer is not supposed to approve the I-485 application without having the applicant’s entire file to review at the time they approve the application. When this happens, it is common for it to take a month or two (sometimes longer) for the adjudicating officer to obtain the missing part(s) of the applicant’s file and to adjudicate the application. Sometimes the officer needs to schedule a new interview. But often times a new interview is not required for the officer to adjudicate the application once they receive the missing part(s) of the file.
Published 5/12/2020 by attorney Ari Sauer.
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