Legal Question in Immigration Law in California

I-485 interview approve or not appove?

Can some one help me. I Went for AOS (I485) employment base EB3 interview, everything went very well. However the officer who interviewed me didn't say that he approve or not. instaded he told me they don't have visa available yet and handed me the paper with priority date ( Sep /06) and link of the web-site check on visa bulletin to check after 180 day and ask me to get another fingerprint that day because it's expired.

Is this mean I get approve? now just wait till my priority date become current?

and when my priority date current, do I need to have another interview or USCIS will automaiticly mail Greencard to me. Can anyone help answere my questions. Thank you.


Asked on 4/04/09, 11:28 am

3 Answers from Attorneys

Ellaine Loreto Law Offices of Ellaine Loreto

Re: I-485 interview approve or not appove?

Your I-485 was not approved because you need to wait for the PD become current. You might or might not get 2nd interview.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 4/07/09, 6:34 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: I-485 interview approve or not appove?

You, like many people, were able to file when the EB3 classification was "current." Since then, there was visa availability retrogression. CIS policy is to hold those pending cases like your in abeyance pending visa availability.

You are not approved, CIS is just holding its decision pending visa availability. Once your priority date is current, CIS may approve your I-485, may call you in for another interview, may deny it, may request additional evidence, who knows. Right now, your just waiting.

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Answered on 4/04/09, 12:27 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: I-485 interview approve or not appove?

Certainly it seems you're approved, but it's never over until it's over. Priority dates for third preference have retrogressed, so it's not clear whether more will be required once they are available again.

More definitive information could be available, depending on the details of your case. I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/04/09, 9:18 pm


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