Charles C

My young friend ("Alex") has an approved I-360 Asylum petition. (He turns 13 at the end of 2020.)

We have an I-797 Approval Notice for him.

Alex has a Priority Date of 03/01/2019

Since he is classified as a SIJ (Special Immigrant-Juvenile), he is in the queue for a EB-4 visa.

Further, he is from Honduras, so he is in the EB-4 queue for that country which is not current. The Final Action date for Honduras EB-4 is currently 05/01/2018. (As of Dec 2020)

So... we are unable to submit an I-485 Application for Permanent Residence until the Final Action date for his class and country.

QUESTIONS

1. What is Alex's current legal status? Is he now a legal permanent resident (LPR)? I see in the USCIS Policy Manual, Chapter 7, the following language at the end of the section on Approval:

"The applicant becomes an LPR as of the date of approval of the adjustment application."

2. Prior to being able to file an I-485, is there any other documentation we should have to prove his status (We have the I-797, but that is all.)

3. Is there any way for him to receive travel permission prior to getting the I-485 and submitting an I-131?

4. Any other thoughts or suggestions?

Thank you - I will inquire there.

Is there anything I can do to be useful to the group here? I think I have most of the process worked out now, but if it helps to share here, let me know. 

C

This is very helpful!

So there is no way to apply before the Final Action date? I have been reading at USCIS and it is unclear to me if filing earlier is possible.

Similarly, is there no way to file the travel permission request (I-131?) prior to the Final Action date?

I am starting to see how the pieces fit together - I have only done family visas prior to this, but since this guy is a nephew, he does not qualify as "immediate family." He is here in the US and is safe now... just trying to follow the rules to a process new to us!

Thanks design guy! 

Yes, the little guy is from Honduras.

His Priority Date is 03/01/2019

His Notice Date is 06/30/2020

I do not understand what the "Final Action Date" is - where can I find out about that?

He has no reason to work, but he the travel permission would be nice to have in case something arises. 

  Hello - I am hoping this is the right forum to find help. If not, please direct me to a better forum.

  I am helping a family friend with a 12 year-old who has been APPROVED on the I-390 and now has SIJ status. I am confused about what happens next - the paperwork says he is approved to apply for a green card. Do we file the I-485 and wait? Also - is it possible for him to get travel permission while waiting for the I-485 to be processed? Any help on what we should be doing for "next steps" is appreciated.

Thanks in advance.

  I am looking for guidance around the process for the application for a Green Card for an immigrant juvenile. He is 13 years old and was granted an APPROVAL of asylum. The I-797 indicates he is able to apply for legal permanent residence now, but I am uncertain how to proceed. 

  What is the best forum for discussing the case and how to proceed? Thanks in advance for any guidance.

C

We have filed the N-400 (31 May) and received the NOA (06 Jun). What is the general amount of time before we receive notice of fingerprinting? And then how much more time until the interview and exam? An axious citizen-to-be wants to know. Thanks in advance!

Carlos

OK - I am an idiot and wrote down the wrong number for her SSN! Not the wrong SSN - just a wrong number. Her A# is correct and - as far as I can tell - all the other info is correct. We have sent it and received the I-797C NOA. Now what do we do? Wait for the biometric appointment? Re-file (please no!)?

Advice please.

Charles - needs to proof-read more

We have a young employee with a valid F-1, OPT and EAD. Before his F-1 term expires, what do we need to do to help him gain H1-B status in the US? We want him to continue working for our company. His is from Bolivia, if that has any bearing on this matter.

CF

She has received approval for ROC and has her 10-year GC.

We have been married the entire time since she arrived in the US (March 2013)

I have been a US citizen since the day I was born - a lot longer than 3 years!

Any other thoughts or comments are appreciated.

Awesome - thank you. Working this out, I get something like this...

1) She has been here since June, 2013 and not even close to 18 months out of the country. Maybe 6 or 7, but that is a stretch. So Physical Presence seems to be fine.

2) Yes, she has been a resident non-stop. I am not even sure how her residency would be interrupted. Her longest time out of the country has probably been about 8 or 9 weeks.

So, it seems we are well inside the requirements and if she wants to go visit for a couple weeks, there won't be any problem.

My wife wants to apply for citizenship - she has reached her 3-year mark and is married to me, a US citizen. We want clarification on the "time out of the country" requirement. She is well under the 6 months out of country requirement... in fact, so far this calendar year she has not been out of the US at all. But she wants to visit Honduras for a couple weeks. Does her time in the US need to be continuous and without interruptions? She was out of the US last year from 01 June until 07 August - that is the only time she was out since January, 2015.

Thanks for any clarification - I read the rule as "cumulative time away" in the last 12 months but she is worried it requires continuous residency in the US. Help!

Charles F

We have 10-year green cards in hand with all the approvals from the USCIS. So now what do we do with the mountain of paperwork from all the filings over the past few years? It seems foolish to keep it. USCIS has all they need now, right? Is there any statutory requirement to keep all this stuff? I have everything we generated, receipts, duplicates, etc. My thought is to pull out all the original documents and toss the rest.

Any thoughts or experience with old paperwork?

Charles

My wife and step-daughters (K-1, K-2) have completed all of the requirements for their immigration status and have gotten their 10-year green cards. (i.e. ROC was a success). As the original sponsor, do I have any remaining obligations to the US Government with regard to their status? The girls will soon be 21... am I "off the hook" at this point? (I seem to recall being responsible for any and everything they might get from the US govt prior to this point... my obligations as a sponsor)

Charles

We received letters of approval for my wife (K-1) and her daughters (K-2) but there was no email or text notification. I am also curious when we might expect the actual green cards - it is getting close to holiday travel season! The letter indicates it can take up to 60 days, but that seems like a long time. Since moving to Texas, this letter came out of the San Antonio office - if that matters.

Good luck to everyone still waiting!

Charles

CHARLES C received letter of approval with dated approval of 10/20/2015.

California Service Center (35 applicants, 22 approved - 63%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
HNUBNO................03/30/15......04/02/15......08/26/15......10/06/15
SONNY4P...............04/01/15......04/--/15......06/08/15......--/--/--

NEVARTARY.............04/01/15......04/03/15......--/--/15......09/24/15
SA&AR.................04/03/15......04/--/15......--/--/15......--/--/--
EZZY..................04/04/15......04/06/15......05/04/15......07/18/15
JOY&FERNANDO....... ..04/06/15......04/08/15......05/08/15......07/23/15
FULLYAWAKE............04/09/15......04/--/15......--/--/15......--/--/--
FELI114...............04/09/15......04/10/15......06/10/15......08/12/15
AMERASLAM99...........04/10/15......04/16/15......05/28/15......08/05/15
ZEE481................04/13/15......04/14/15......05/13/15......07/27/15
MIRIUMSE..............04/13/15......04/15/15......05/28/15......08/24/15
AURPOL................04/13/15......04/14/15......05/12/15......07/21/15
RRAC23................04/13/15......04/15/15......05/26/15......08/06/15
CASPERGHOST...........04/14/15......04/16/15......05/26/15......08/07/15
ORANGEDESK............04/15/15......04/17/15......05/26/15......08/07/15(Divorce waiver)
CAVEMOMMA.............04/15/15......04/17/15......--/--/15......--/--/--
MIKEJILL..............04/15/15......04/20/15......05/27/15......--/--/--
CESIRUIZ05............04/16/15......04/17/15......05/26/15......07/30/15
MOMMYBEAR.............04/16/15......04/17/15......05/28/15......09/01/15
CARLADAVE.............04/17/15......04/20/15......05/26/15......09/03/15
HKHMDH................04/17/15......04/20/15......--/--/15......--/--/--
JENYADENISE...........04/17/15......04/20/15......09/04/15......10/14/15
E-A...................04/18/15......04/20/15......05/27/15......10/19/15(08/31 Received RFE, Responded 10/03)
DAGNYLET..............04/18/15......04/20/15......--/--/15......--/--/--
VYX...................04/18/15......04/--/15......05/29/15......--/--/--
SUPERBEAR.............04/20/15......04/21/15......05/29/15......08/04/15
INDYKITTYKEILAH.......04/21/15......04/23/15......05/26/15......08/18/15
CHARLES C.............04/22/15......04/27/15......06/01/15......10/20/15
LOVINA................04/23/15......04/27/15......06/08/15......--/--/--

DOUBLED192............04/23/15......04/28/15......06/01/15......09/22/15(08/24 Received RFE, Responded 08/27)
B_AND_G...............04/25/15......04/27/15......06/02/15......08/04/15
ROBP135...............04/25/15......04/27/15......--/--/15......--/--/--
AJACKS................04/27/15......04/29/15......06/01/15......08/20/15
MOJO89................04/27/15......04/29/15......06/01/15......--/--/--(10/19 Received RFE)
LUNARSTAR.............04/27/15......04/--/15......--/--/15......--/--/--


Vermont Service Center (29 applicants, 2 approved - 7%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
WISHIN-N-HOPIN........03/24/15......04/04/15......--/--/15......--/--/--
CARAMEL SWIRL.........03/30/15......04/01/15......04/28/15......--/--/--
SALAZAR...............03/31/15......04/06/15......05/22/15......--/--/--
TATI_TATI.............04/01/15......04/02/15......04/30/15......--/--/--
1.618.................04/01/15......04/03/15......05/08/15......--/--/--
JKERI1................04/01/15......04/11/15......05/07/15......--/--/--
VALPRIME..............04/03/15......04/07/15......05/07/15......--/--/--
HC70..................04/03/15......04/07/15......05/06/15......--/--/--(Early Bio 05/04)
MELA17................04/04/15......04/07/15......05/08/15......--/--/--
KIWIVISA..............04/06/15......04/07/15......05/04/15......--/--/--
LA&JK.................04/07/15......04/13/15......05/28/15......--/--/--(Bio Rescheduled to 6/17)
CARNEY................04/08/15......04/13/15......05/29/15......10/15/15
BALINGOMINGO..........04/08/15......04/13/15......06/04/15......--/--/--(Early Bio 05/28)
MIKE-ALE..............04/08/15......04/13/15......06/04/15......--/--/--(Early Bio 05/26)
LUDAKRISHNA...........04/09/15......04/--/15......--/--/15......--/--/--
SMASHRUN..............04/10/15......04/14/15......06/02/15......--/--/--(Late Bio 06/08)
ELICEAREA.............04/14/15......04/16/15......06/03/15......--/--/--
GANNICUS..............04/14/15......04/16/15......06/01/15......--/--/--
NITEHERO..............04/14/15......04/16/15......06/01/15......--/--/--
ALE & MARC............04/14/15......04/20/15......06/02/15......--/--/--
DONNA & PAUL..........04/15/15......04/17/15......06/01/15......--/--/--
TANYAOPHOTO...........04/15/15......04/16/15......06/03/15......--/--/--
PATSGAL54.............04/16/15......04/21/15......06/04/15......--/--/--
SUNSHINE25............04/17/15......04/20/15......06/02/15......--/--/--
PREETYGIRL............04/17/15......04/20/15......--/--/15......--/--/--
MEADOWZEPHYR..........04/17/15......04/21/15......06/04/15......--/--/--
KIPLZ.................04/18/15......04/21/15......06/02/15......--/--/--
MOR_DIGO..............04/20/15......04/22/15......06/02/15......10/15/15
LOLASOY...............04/22/15......04/--/15......06/09/15......--/--/--


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Anyone know of a reason the approvals seem to have "stalled out"? California approved a lot in August, only a few in September, and so far nothing posted in October. And of course the on-line status check is useless...

Charles

Thanks - and I am sorry for everyone who is waiting ... and waiting ... and waiting. The process is definitely 'broken' and I am just looking for some reassurance. Hopefully we all get what we want some time soon!

Charles

California was where we filed.

I have been at this long enough to think I know the answer, but here goes... We did the biometrics appointment for ROC on 22 May 2015. (Filing of 751 was 27 April 2015). When I check the Status Page for USCIS - there is nothing but a message that says "Your Case Was Received". We received the 1-year extension letter, but so far nothing else.

Is there no additional information available until the case gets flipped to processing the card? It seems like a long time to have nothing happening... is this normal?

We have moved and filed an address change - and received the confirmation... but we are still nervous that we might have missed something. Any suggestions, or just wait it out? (I am tracking the April filers list in this forum.)

Thanks in advance... my nervous wife thanks you too! Best of luck to everyone.

Charles

Thanks. Of course, this is the one piece of paper I can not find right now. We did the biometrics appointment, but the forms must be filed somewhere...

Charles

Thanks for the concern and everyone is fine. I would not have even thought to post it here but it might help someone else understanding what happened. I guess the key is to get the 10-year card and not take unnecessary travel!

When I try to check the case status on the USCIS.gov web site and I use the WAC receipt number printed on the I-751, I get a message saying "My Case Status does not recognize the receipt number entered." - Is there some other receipt number I should be able to find?

Thanks in advance for any guidance.

Charles

Sorry about your troubles... we just had a related bad experience involving the letter for dependent minors. See my related post. Hopefully full green cards will be here soon!

Charles

Similar to another post about traveling with expired GC and the 751 letter... And the letter for dependent minors. My wife and step-daughters had GCs that expired in mid June. Well before then we received the I-751 for my wife and two single-page letters for the daughters. My wife's paper was on the "official" sheets most of the notices come on (wavy lines, official-looking) but the authorization letter for my daughters was just on plain paper with a rubber stamp signature. It seemed a little dodgy but the letters all need to be presented together. OK, I think - we have what we need. The girls go back to our home in Honduras for the summer - before the GCs expire. We have the letters in hand and it is time to return to the US. Now it gets tricky...

On return to the US, they first get hassled in Honduras. Honduras claims the papers don't look official, but they let them board a direct flight to Houston. In Houston, the US Immigration folks detain them, claiming the papers for the girls are invalid! I am not in the interview but my wife sends me text messages saying the US side is giving them a hard time. They all have valid passports (expire well in to 2016), legit (but expired) green cards, the I-751 certificate and the dependent minor letters. And birth certificates, previous entry paperwork, etc.

I am not sure what finally made the difference, but after about 2 hours they let them pass in to the US. My wife was upset and angry and would not talk about it. Hopefully their ROC is approved soon and they get their 10-year cards, but for crying out loud... they had every scrap of paper issued by the US government and they STILL got hassled.

No solutions in this post - but be forewarned if you want to travel on the flimsy paperwork you receive while awaiting ROC.

Charles