Legal Question in Immigration Law in New York

Got a section 245 on an I485 adjustment interview

Hi,

I have been married for 7 years now. My wife came to this country in October 2003 on a Fiance via I129F valid for two years. Her I130 was pending approval. After her arrival, I130 was approved. We started proceedings for I485, adjustment of status. All the papers were in order. She got called for fingerprints and after a while for the interview. On the interview, the officer didnt ask us more than a couple of questions. She seemed nice and friendly. However, instead of stamping the passport, declaring the case has been approved, she said ''We are overwhelmed with applications. Your wife will go through a security check in a couple of days and you will get a green card in mail thereafter in 4-6 weeks.'' Then she wrote section 245 with my wife's A number on the passport. Its been over two months and we havent received anything. The USCIS website shows an old case status.. and the National Service Center dont have any updates either....

Where do we stand? What do i do? This is utterly frustrating. My wife needs to travel to visit her parents but we are afraid that if she leaves the country, she'll not be allowed to get back.

Any help would be appreciated...

Thanks


Asked on 3/01/06, 2:47 pm

3 Answers from Attorneys
Eric Schultz Sacks, Kolken & Schultz

Re: Got a section 245 on an I485 adjustment interview

I'd suggest you try to contact the local office where you attended the interview, to inquire on the status.

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Answered on 3/01/06, 2:54 pm
Melina Merino Attorney Melina Merino

Re: Got a section 245 on an I485 adjustment interview

Probably if the officer mentioned that the security check was not back yet, that generally means that the FBI has not finished running/checking the fingerprints through their database, in which case, the officer's hands are pretty much tied, since she would have to wait for an answer from the FBI lab.

You could try to make a written inquiry with the CIS District office. (Make sure to provide the name of the officer, if you have it, and to specify that your wife needs to leave the country soon). Maybe the security check is completed by now, but again, if the security check is not back yet, unfortunately, there is not much they or you could do, except wait.

Good luck!

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Answered on 3/02/06, 2:35 am
William Frenkel Frenkel Sukhman LLP

Re: Got a section 245 on an I485 adjustment interview

If your wife needs to travel before her adjustment of status to LPR is completed, she should apply for an advance parole. In emergency cases it may be issued on the spot at the district USCIS office or she can apply for it on www.uscis.gov by e-filing if she can wait for a few months. Otherwise, she may not travel outside of the U.S. or her adjustment application will be deemed abandoned.

This response is in the nature of general information, is not legal advice and should not be relied on as such. Posting this response does not constitute an attorney-client relationship.

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Answered on 3/07/06, 11:04 pm


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