dervative beneficiary

[bond00007777 0]

Dear VJ members,

I am quoting below the USIVC guidelines for derivative beneficiaries in case of AOS. Why can it not be the case for deravative beneficiaries e.g. FB3 category. In my case my wife and children got visa in 10 days after interview (US Emb Islamabad) and I am waiting for over 4 months now? Can some expert in the forum shed light on this issue?

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Derivative’s I-485 Pending By USIVC | Published: October 16, 2009

Department of Home Security updated its instruction on 10/08/2009 about pending adjustment of status of derivatives when the principal’s adjustment of status is approved. In theory, the derivative’s adjustments should be approved at the same time with the principal’s approval.

In the situation where the USCIS approved form I-485 (Adjustment of Status Application) for a principal applicant, but the derivative family members’ (spouse or minor children) form I-485 applications remain pending,there may be various reasons for the delay, such as missing evidence, security clearance difficulties, or,

maybe the derivative’s files are separated from the principal’s so that they don’t get approved at the same time.

If a family member’s derivative adjustment of status application has been pending in excess of 30 days from the approval date of the principal applicant’s Form I-485, the applicant can send email to cisombudsman.publicaffairs@dhs.gov with attachments of the follows:

* DHS Form 7001;

* A copy of the principal applicant’s Form I-485 approval notice;

* A copy of the Form I-485 receipt notice for the derivative.

In the subject line of the email, the applicant can put "Unapproved Derivative I-485."

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[emt103c 10]

Have you followed the instructions at the bottom and contacted the ombudsman? Have you contacted a lawyer or Senator or House Rep?

[belinda63 2,981]

Just a guess but since you are the male from a T country I bet you are pending security checks.

[bond00007777 0]

Just a guess but since you are the male from a T country I bet you are pending security checks.

Yes you may be right... but security checks should not take such a long time. I was interviewed on 24th March 2010.... One more thing according to 9 FAM 42.62 PN5 TL visa-584 10-14-2003: Under section 237 of public law 106-113 the immigrant visa for immediate family members and fiance must be processed with in 30 days and other family based immigrant visa must be processed within 60 days. But in my case this law has been violated.

Any senior member or expert please comment on this

[emt103c 10]

haha, oops, sorry I misread, I thought your family hadn't RECEIVED their visas yet and that you had.

Yeah, AP takes a really LOOOOOONG time in Pakistan. My husband's visa was going through Canada, but spent 7 months in Pakistan undergoing Administrative Processing. . . .they should have held your family's visas if they thought it was going to take such a long time so that their's did not expire before your's arrived!

[1HappyGuy 45]

So, did you send an email to the ombudsman? Give their system a chance to work. If you haven't done what they tell you to do, we can't give you better advice.

[bond00007777 0]

So, did you send an email to the ombudsman? Give their system a chance to work. If you haven't done what they tell you to do, we can't give you better advice.

In fact such rulings are for AOS cases and not for consellor processing. I wonder if it will work if i send emails as my case is not AOS.

haha, oops, sorry I misread, I thought your family hadn't RECEIVED their visas yet and that you had.

Yeah, AP takes a really LOOOOOONG time in Pakistan. My husband's visa was going through Canada, but spent 7 months in Pakistan undergoing Administrative Processing. . . .they should have held your family's visas if they thought it was going to take such a long time so that their's did not expire before your's arrived!

What i understand from your lines is that they believe my visa would not take long and that is why they issued my family visa and will do for me too in due course of time?