I-485 interview for MIL

[ROC-AL 87]

Hi:

 

My MIL had her interview last Friday. As I wasn't present, I can only go by what I was told.... So the interviewer called her in because the paperwork seemed to have a mistake. A checkbox that was marked yes instead of no in section where was asked if you where ever part of the Communist Party. MIL was born in Russian Federation and is a Ukraine national. Long story short, my question is about the length of time till GC is issued. The interview went well and approved. I checked online and USCIS website has not changed to approved still. Should we be concerned or just wait patiently. 

 

Thanks for any answers. 

[OldUser 4,880]

1 hour ago, ROC-AL said:

So the interviewer called her in because the paperwork seemed to have a mistake. A checkbox that was marked yes instead of no in section where was asked if you where ever part of the Communist Party.

That seems like a serious question. Did your MIL have any supporting evidence she was NOT a member of a communist party? I think US immigration laws make such people inadmissible to the US. USCIS may take their sweet time trying to research MIL's background further to ensure she indeed wasn't a member.

If you don't receive a decision in few months, you may want to sue USCIS.

[SalishSea 16,794]

3 hours ago, ROC-AL said:

Long story short, my question is about the length of time till GC is issued.

Really, that is your question?

 

I'd be way more concerned about the communist party issue.

[ROC-AL 87]

7 hours ago, SalishSea said:

Really, that is your question?

 

I'd be way more concerned about the communist party issue.

the interviewer said he would change the matter in the forms. He also said the I-485 was approved. Why would someone worry about approval, since the USCIS officer confirmed it? 

[ROC-AL 87]

7 hours ago, SalishSea said:

Really, that is your question?

 

I'd be way more concerned about the communist party issue.

Thank you, the interview was approved. My questions is when will the GC be issued....

[OldUser 4,880]

1 hour ago, ROC-AL said:

Thank you, the interview was approved. My questions is when will the GC be issued....

Does the online status say the I-485 is approved? Verbal approval is not always reliable. Sometimes people get opposite decisions to what IO says or promises.

If approved according to online status, expect to receive the card within a month.

Edited November 11, 2023 by OldUser

[Vickys_Mom 184]

15 hours ago, OldUser said:

Did your MIL have any supporting evidence she was NOT a member of a communist party? I think US immigration laws make such people inadmissible to the US.

 

https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-3

 

One of the exceptions was when the immigrant was "involuntarily" a member of the Communist Party.  My ex-wife was from Moscow, was a medical doctor, and went to medical school in Moscow in the mid-1980s.  You couldn't pursue that career, at that time, in that place, without being a member of the CPSU.  She had a card, and she participated as little as possible in Party meetings and activities.  She was admitted to the United States on a J-1, and cleared the initial screening for her marriage (to me) visa.  I remember us answering the question as "yes".

 

There are also waivers available.

 

A *lot* of people, especially older parents, were members of the Communist Party in their relative countries.  Many had no choice.  A membership in a Communist Party is not an automatic bar.

 

Regards,

Vicky's Mom

 

Edited November 11, 2023 by Vickys_Mom

[OldUser 4,880]

@Vickys_Mom appreciate the detailed reply with explanation on how to navigate this situation. I'm just saying it's a serious question. If anybody said "yes" to questions about genocide, war crimes, terrorism, I wouldn't expect USCIS approving somebody on a spot. Communist question also sets all sorts of alerts and make IO take sweet time deciding the case. It's all speculation as we don't know what online status says for OP's MIL.

[SalishSea 16,794]

9 hours ago, ROC-AL said:

Thank you, the interview was approved. My questions is when will the GC be issued....

I wouldn't count on anything being "approved" until the status is "new card is being produced."

Edited November 12, 2023 by SalishSea

[ROC-AL 87]

On 11/11/2023 at 3:54 PM, Vickys_Mom said:

 

https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-3

 

One of the exceptions was when the immigrant was "involuntarily" a member of the Communist Party.  My ex-wife was from Moscow, was a medical doctor, and went to medical school in Moscow in the mid-1980s.  You couldn't pursue that career, at that time, in that place, without being a member of the CPSU.  She had a card, and she participated as little as possible in Party meetings and activities.  She was admitted to the United States on a J-1, and cleared the initial screening for her marriage (to me) visa.  I remember us answering the question as "yes".

 

There are also waivers available.

 

A *lot* of people, especially older parents, were members of the Communist Party in their relative countries.  Many had no choice.  A membership in a Communist Party is not an automatic bar.

 

Regards,

Vicky's Mom

 

Thank you. I don't know exactly what went on the meeting. The lawyer was present by phone and there was a translator also. According to both...the interview went well and officer approved the case verbally. Over 2 weeks now and the Uscis account has had no movement, but that is to be expected. Not the best current status. I know this from my personal immigration process, my wifes and also my MIL since she came on U4U. We are not worried, just concerned that is taking so ong to egt the GC.

[Chancy 6,233]

*** Moved from AOS from Work/Student/Tourist Visas forum to AOS Progress Reports, to be among other threads about wait time estimates ***