Sanders

Hi, I'm a little confused. I'm about to file my I-485, I-130, I-765 and related documents when someone from the USCIS call center told me that I also need to file a separate one for my daughter (minor) at the same time. She said that I'd have to have a separate I-130 for her as well. We're here in the US on a B1/B2 Visitors visa and I got married to an American a couple of months ago.

On the front page of the I-485 application it says,

"If the child is in the US, the individual derivatives may file their I-485 concurrently with the I-485 for the principal applicant, or file the I-485 at anytime after the principal is approved, if visa number is available."

As to my understanding, my daughter can file her I-485 at a later date can't she? What would her status be while my I-485 is being processed and her I-94 expires?

Thanks in advance!

Noorah101

Just curious, why not file them all together, then you'll all be on the same track?

Sorry, I actually don't know the answer to your question, though.

Rene

Sanders

Hi Rene, we'd have to gather up the necessary paper work for her and have her medical and etc. It would probably take some time before we can get it all done. In the meantime, our I-94 will be expiring soon. Our "lawyer" told us to file our papers just before our I-94 expires so that's what we did not knowing that my daughter also needs a separate petition and etc. at the same time.

Noorah101

Oh, I see. I'm kind of surprised your lawyer didn't tell you how to proceed with your daughter's case, when you went in for your own consultation.

Rene

Sanders

Since our "lawyer" is an "in-law", we actually never even sat down together to discuss our case. We only communicate through email and telephone. But lately she's been "too busy" to even call back or answer our emails. By the way, this is not a charity case. Actually, we were charged a little more than what others in this forum said their lawyers charged them for helping file their AOS and Employment authorization permit.

I've learned my lesson not to get a relative for a lawyer. Too late now . . .

Noorah101

Wow, that's too bad. But even by talking through email and telephone, I would have thought she would have included instructions on how to handle your daughter's AOS as well. In fact, if she is charging you such a big fee, shouldn't she actually be DOING the paperwork for you? It wasn't just a consultation, evidently...she's charging you a high fee for being your attorney on record. SHE should be filling out the forms, filing the AOS, and doing what it takes to process yours and your daughter's AOS cases.

You can always go get a 1-time consultation with another lawyer who isn't a relative, if you don't mind parting with $100 or so. If I were you, that's probably what I would do.

Rene

Sanders

That's a great idea! But I wouldn't know where to start to find one. I'm in the Las Vegas, Nevada area. Know of anyone?

Noorah101

Not personally, but you can go to www.aila.org and find one who is a member of the American Immigration Lawyers Association, in your area.

Rene

ian-mstm

Gee... I googled "immigration lawyer" and "las vegas" and got 79,500 hits. Surely, if you're able to use a computer to post questions in an Internet newsgroup, you're able to use Google!

Ian

Folinskyinla

Hi:

A subtle quirk in the immigration laws -- there is no "derviative" status from "immediate relative" classification. Odd, but true. Your error is a common one and I've seen many lawyers miss it [albeit just once].

Your daughter has to obtain status idependently of you as the "step-daughter" of your husband.

BTW, I have two adjustments on Tuesday with that fact pattern and NBC split the cases and I spent several hours at LOS CIS getting the two interviews [May 31 and June 5] consolidated.

Sanders

Hi, thanks for your response. Should we go ahead and try to get all the paperwork and file my daughter's I-485 at the same time? I was told that my daughter would also need an a separate I-130 (Petition for alien relative) just for her. Was I informed correctly?

Folinskyinla

Hi:

I have a habit of explaining what the law is rather than giving rote instructions [e.g. teaching you how to fish rather than giving you the fish]. My comment that your daughter has to file as "step-child" of your husband means that she needs a seprate I-130 filed by your husband.

Do note that the G-325A of the petitioner [your husband] is ONLY required for spousal I-130's.

Sanders

Thanks so much! I see what you mean. I did check and read the part on the I-130 that if it is being filed for a husband or wife that it should include photographs of both and G325A for each. Would that also mean that when filing for a step-child, photos are not needed just like there's no need to file G-325A?

Noorah101

Hi Sanders,

I'm just going to make a general suggestion here, in case you don't get a clear answer from anyone. If you're ever unsure of the right way to go, err on the side of caution and go ahead and include pictures, even if they might not be necessary. They won't send an RFE for including pics when they didn't need them, but they might send an RFE if they were needed but not included. See what I mean?

I don't actually know the answer to your specific question, just making a suggestion for the future, in case you never get the right answer here.

Best Wishes,
Rene

Folinskyinla

Hi:

Precisely. However, a further comment, if you were to include the G-325A and the photos, it would be a situation of "no harm no foul." [There is a principle of law that "superfluity does not vitiate." This is a fancy way of saying that putting in something not needed is often a "no harm no foul" type of mistake].