Child I-485 left out during 2007 fiasco, your advice/thoughts please

[GC_JRNY]

Dear Folks, Here is my Case

PD # EB2 – APRIL 2007

During 2007 summer fiasco, we have filed AOS for all in our family, but my seven year old child I-485 was rejected due to wrong fee. We tried again, but it was not taken by USCIS. So we had no choice but wait for PD to be current and maintain our H1/H4. Finally with October 2011 bulletin, my PD becomes current. So we are getting ready to refile my child I-485. And we have another 5 months of validity on H1/H4.

Here are my queries.

1)What will be the I- 485 application fee? ($ 985 or $ 1070)

2)When should I file her case? (Oct 1st or Wait till Primary GC approved, which approximately week from Oct 1st )

3)What will be my child status after Primary GC Approved?

Please share your advice/thoughts.

Thanks

[Belle]

1) Read instructions.

2) When the PD is current.

3) Pending AOS. It is not a status, technically.

[Attorney_6]

Pay the current fee, not the fee that was in place in 2007.

File it as soon as possible, there is no reason to wait for the primary's to be approved. The child will be out of status once that happens. Just get the case filed so it can move along and the problem, hopefully, will end.

[GC_JRNY]

Thank You “Belle & Attorney 6â€

I’m going to file on Oct 1st, when my PD becomes current.

As per, I-485 Filing Fee Special Instructions, “Not filing with the I-485 application of at least one parent have a fee total of $985â€

So $985 will be the new filing fee for my 7 year old child. Am I right? Can someone please confirm?

Thanks

[SuperStar4GC]

Hi GC_JRNY...go and check uscis wbsite link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

It looks like you have to pay $985/- for you sons application.

Here the contents of the USCIS link.

Filing Fee :

$985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security.

Special Instructions :

There are exceptions in which the applicant is not required to pay the entire $1070:

Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.

There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.

There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.

For applicants under 14 years of age:

Filing with the I-485 application of at least one parent have a fee total of $635;

Not filing with the I-485 application of at least one parent have a fee total of $985.

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees.

[GC_JRNY]

Thank You “SuperStar4GC†for confirmation.