Lawyer refuses to respond to RFE


asura

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Hi Folks,

I've had a pending I485 for a while now. My spouse was not part of the original application as i was not married at the time. My PD is current at the moment. USCIS requested updated medical records. I sent them to my lawyer who has not sent them to USCIS yet. Their claim is if USCIS approves my AOS app before accepting my wife's AOS app, she is not eligible for a greencard.

 

This is in direct contrast to the example provided in

http://www.murthy.com/2013/07/09/i-485-approvals-possible-impact-on-spouse-children-without-filed-i-485s/

 

First, has anything changed to affect the validity of claims in the link?

Secondly, Does my lawyer have the right to delay responding to my app? My employer pays for the lawyer. However, does that mean they have the right to do as they please to the app? Aren't they representing me with the I485?

 

Thanks

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  • 2 weeks later...

The information in the linked article is still correct. Glad that was helpful---as you can see, we wrote that in 2010 and updated it in 2013, as this is a common situation.

 

Spouses are eligible as derivative beneficiaries in employment based GC cases as long as the marriage occured before the GC was approved.

 

The approval of the primary's GC can cause status issues for the spouse, if they are in a dependant non-immigrant category. But, it does not terminate their eligibility as a derivative (dependant) in the GC case.

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