In-Person Interview Requirement for Employment-Based Green Card Cases

[Attorney_22]

On 10/3/2017 at 5:27 PM, pangulu said:

Hello Friends,

Thanks a lot to Murthy law firm and other active members in this forum. 

I am on the pending 485. Currently I have the valid EAD and I am the main applicant. My wife and kids are derivative applicants from me and they are also holding the valid EAD's.  

If something happens to me like for example death and etc., what happens to my wife and kids 485 applications?  Are they still valid?

Thanks.

 

 

 

Your family may be covered by INA 204(l), however it will depend on the specifics of the situation. 

[pangulu]

On 10/4/2017 at 0:17 PM, ganapathi said:

Hope that situation shouldn't occur to anyone.   To answer your question the following link should clarify:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter8.html

https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives

 

But below is given by my lawyer

"If something were to happen to you before the Adjustment of Status (AOS) is adjudicated, your family member would no longer be eligible to adjust status to permanent resident.  There is a widower provision in such circumstances, but it does not apply where the basis of adjustment of status is an employment based immigrant visa petition."

May be it is useful to other people.  

Thanks,

 

On 10/4/2017 at 10:24 PM, JoeF said:

Yeah, with nutcases shooting people, like last Sunday, you really can never know :(

 

[Kamal_TX]

1. What type of questions will be asked in the in-person interview for I-485?

2. What documents should be carried for the interview?

[krishnat]

Are we allowed to have our Legal Representative/Lawyer present for this Interview? 

[Attorney_22]

On 10/11/2017 at 6:14 PM, pangulu said:

But below is given by my lawyer

"If something were to happen to you before the Adjustment of Status (AOS) is adjudicated, your family member would no longer be eligible to adjust status to permanent resident.  There is a widower provision in such circumstances, but it does not apply where the basis of adjustment of status is an employment based immigrant visa petition."

May be it is useful to other people.  

Thanks,

 

 

The advice you've received regarding employment-based petitions not being eligible for INA 204(l) is not correct. Employment-based cases are eligible, however there is criteria that must be met to be successful.  

[Attorney_22]

On 10/25/2017 at 2:17 PM, krishnat said:

Are we allowed to have our Legal Representative/Lawyer present for this Interview? 

Yes you are. 

[Attorney_22]

On 10/20/2017 at 11:26 AM, Kamal_TX said:

1. What type of questions will be asked in the in-person interview for I-485?

2. What documents should be carried for the interview?

It is advisable to call our office to discuss the possible questions and documentation you will need to bring. 

[log123]

Hi,

Does the mandatory interview apply to cases filed before March 6?

My PD is current now (EB2). We had filed our I-485 back in Nov 2015, got an RFE on medicals in May 2017. The clarification on Murthy.com says "Per the USCIS, the in-person interview requirement applies to any foreign national who filed an I-485 application on or after March 6, 2017, if the I-485 is based on an I-140 (employment-based) petition, I-730 (asylee/refugee) petition, or I-129F (fiancé/e) petition," Let me know, thanks!

[pangulu]

On 10/26/2017 at 2:08 PM, Attorney_22 said:

The advice you've received regarding employment-based petitions not being eligible for INA 204(l) is not correct. Employment-based cases are eligible, however there is criteria that must be met to be successful.  

Thank you sir. 

[Attorney_22]

On 10/27/2017 at 10:09 AM, log123 said:

Hi,

Does the mandatory interview apply to cases filed before March 6?

My PD is current now (EB2). We had filed our I-485 back in Nov 2015, got an RFE on medicals in May 2017. The clarification on Murthy.com says "Per the USCIS, the in-person interview requirement applies to any foreign national who filed an I-485 application on or after March 6, 2017, if the I-485 is based on an I-140 (employment-based) petition, I-730 (asylee/refugee) petition, or I-129F (fiancé/e) petition," Let me know, thanks!

Generally, the new rule should not affect applications filed prior to March 6, 2017.