Green Card Questions During the Trump Presidency

Attorney_22

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Attorney_22 Advanced Member

Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding green card processes during this tumultuous time.     

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

 

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SundarSB Newbie

SundarSB

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Our I 485 is pending from 2012 and we responded to  3 RFEs through Murthys. Our EB2 priority date is current but should we contact USCIS regarding this or is there anything remaining on our end to get the Green card? I know there is this interview process which is now done on a case by case basis because of Covid. In 2018 we submitted 325 biometric , Medical, Supplement J and recently submitted a new Sup J after moving job again. 

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Mkwatra Newbie

Mkwatra

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Hi,

Our I140 was approved in February 2017 and I485 was filed in November 2018. The queue for EB1 became current in July 2020 when the bulletin indicated that the India cases for July 2017 were being looked into. We went through our interview, biometrics and everything in October 2019. The IO told us that since the queue is not current, our GC will have to wait till the queue becomes current. Since October 2019, the case status showed "Interview has been completed but my case must be reviewed"

In the interim, we received our EAD and AP (I131) card in May 2020. 

The only update that happened on I-485 was last week when the case showed "Name was updated"

When I called USCIS, the Tier 1 support told the case is in Newark, NJ - where as we have received communication in the past that the case in National Benefits Center - Summit, MO

According to USCIC call center - the case is in Normal processing times as the Newark, NJ center is processing I485 of February 2018 at the moment.

My L1 was set to expire in 08/01/2020 so we have filed for a renewal which is currently in process. 

Spoke to the attorney and they said that my I485 is delayed because of pending L1, as the L1 renewal needs to be approved before GC is approved. (I am Not sure if that is the case!)

A colleague of mine in the same queue had an I140, that was approved in April 2017 and I485 filed in December 2018. Got his green card approval last week. 

However, there has been no movement in my case. Is that normal? 

What should be my next step?

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97R Newbie

97R

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Hi, Is USCIS processing Family based Green card (married to US citizen) at this time? I am waiting for my i-485 interview since October 2019. Is this a normal wait time for NY based application? When can i expect a call for interview?

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Attorney_22 Advanced Member

Attorney_22

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On 7/16/2020 at 10:32 PM, l1a1981 said:

Hi,

Our date (EB1 Category) is current in July 2020 bulletin. When can we expect green card? 

Assuming you previously filed the AOS and it has been pending, you will want to check the current processing times. If you are within that window, USCIS may approve the green card within the month, or sometimes, it may take a few months.  

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Attorney_22 Advanced Member

Attorney_22

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19 hours ago, SundarSB said:

Our I 485 is pending from 2012 and we responded to  3 RFEs through Murthys. Our EB2 priority date is current but should we contact USCIS regarding this or is there anything remaining on our end to get the Green card? I know there is this interview process which is now done on a case by case basis because of Covid. In 2018 we submitted 325 biometric , Medical, Supplement J and recently submitted a new Sup J after moving job again. 

If the Murthy Law Firm is representing your pending AOS, I recommend reaching out directly to your attorney to inquire on the based legal strategy for your circumstance. There are often many steps you can take to ratchet-up the pressure on USCIS when a case's processing time is exceeding normal processing times.  

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Attorney_22 Advanced Member

Attorney_22

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19 hours ago, Mkwatra said:

Hi,

Our I140 was approved in February 2017 and I485 was filed in November 2018. The queue for EB1 became current in July 2020 when the bulletin indicated that the India cases for July 2017 were being looked into. We went through our interview, biometrics and everything in October 2019. The IO told us that since the queue is not current, our GC will have to wait till the queue becomes current. Since October 2019, the case status showed "Interview has been completed but my case must be reviewed"

In the interim, we received our EAD and AP (I131) card in May 2020. 

The only update that happened on I-485 was last week when the case showed "Name was updated"

When I called USCIS, the Tier 1 support told the case is in Newark, NJ - where as we have received communication in the past that the case in National Benefits Center - Summit, MO

According to USCIC call center - the case is in Normal processing times as the Newark, NJ center is processing I485 of February 2018 at the moment.

My L1 was set to expire in 08/01/2020 so we have filed for a renewal which is currently in process. 

Spoke to the attorney and they said that my I485 is delayed because of pending L1, as the L1 renewal needs to be approved before GC is approved. (I am Not sure if that is the case!)

A colleague of mine in the same queue had an I140, that was approved in April 2017 and I485 filed in December 2018. Got his green card approval last week. 

However, there has been no movement in my case. Is that normal? 

What should be my next step?

I recommend calling our office to discuss your case and the strategies available to you. Much of the guidance is nuanced, and therefore, not appropriate for this medium.  When scheduling, send the above details ahead of the call so the attorney has the background necessary to assist you. 

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Attorney_22 Advanced Member

Attorney_22

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15 hours ago, 97R said:

Hi, Is USCIS processing Family based Green card (married to US citizen) at this time? I am waiting for my i-485 interview since October 2019. Is this a normal wait time for NY based application? When can i expect a call for interview?

Yes, USCIS processing for this category has not changed. You will want to check to the processing times for your local USCIS office. However, waiting since October is normal, especially since COVID-19 caused a slow-down in work completion and a moratorium on interviews. 

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mk71 Newbie

mk71

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On 7/16/2020 at 1:54 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding green card processes during this tumultuous time.     

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

 

Has new proclamation affected processing of PERM application 

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Attorney_22 Advanced Member

Attorney_22

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On 7/23/2020 at 2:00 PM, PersonWithQuery said:

My I-140 was approved under EB1 category with priority date of Feb-2018 and 01-JUL-18  on bulletin makes me eligible to file I-485.
As I moved back to india last year due to no approvals on L1A visa.

Can I file I485 from India OR is it mandate to be there to apply for it?

 

Thanks

Adjustment of Status is only for those within the U.S. If you are abroad and will not be able to make it back to the U.S. to file for Adjustment of Status, you will need to convert your process to consular processing. 

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