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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3803
Experience:  Private practice in several areas, including immigration
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Judith. Thanks prompt reply. So as to

Customer Question

Hi Judith. Thanks for your prompt reply. So as a followup to your answer I did fill up I485 for myself and my dependents including my wife in the US and we all successfully adjusted status. I filed the I824 concurrently for Follow to join benefits for
my other dependent children not in the US. 'Part 1: I filled in my applicant details Part 2 ticked Box "c" Part 3 2 a-c filled in my details again (I am sorry I did not write that in my previous question) Part 3 5a onwards - Complete the information for each
dependent family member who is following to join. Please confirm that I filled Part 3 2 a-c correctly with my applicant details again . And attached an " ATTACHMENT' for each dependent showing they qualify under CSPA All this confusion because: I then received
an I797 May 2015 confirming approval of the I824, which indicated both Petitioner and Beneficiary as me (I found this confusing but assumed that was OK) and mentined that this had been referred to the Consulate in London and a line at the bottom to indicate
that they will inform them that I was now an LPR. Reading on the internet I gathered that the USCIS first sends the file to the NVC (not mentioned on the I797) so i called the NVC today with the approved I824 USCIS MSC number who promptly told me that the
petitioner on appeared as my brother and that the beneficiary was my wife (who is already an LPR now!). On explaining this the rep has passed the matter on to her supervisor. I then called the USCIS about this mixup and the customer rep informed me that the
I824 was not the right form for follow to join ( I realize that this information is incorrect) I wanted to confirm that I filed everything correctly before writing to the USCIS & NVC about their messing things up. Many many thanks. I am very grateful
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
see attached sent. thanks
Expert:  Judith replied 1 year ago.
Reviewing forms is an additional service and there is additional charge for that.Judith
Customer: replied 1 year ago.
Ok I understand. No need to review the forms.
1. Please confirm that the I824 was the correct form to file concurrently with my I485 for follow to join for my dependants and
2. On i824 having ticked Part 2 Box "c" that in Part 3 - Sectons 2 a-c I was right to fill in my details again
3. If so then: I received an I797 May 2015 confirming approval of the I824, which indicated both Petitioner and Beneficiary as me (I found this confusing but assumed that was OK) and mentined that this had been referred to the Consulate in London and a line at the bottom to indicate that they will inform them that I was now an LPR. Reading on the internet I gathered that the USCIS first sends the file to the NVC (not mentioned on the I797) so i called the NVC today with the approved I824 USCIS MSC number who promptly told me that att their end the petitioner surprisingly was listed as my brother (instead of me) and that the beneficiary as my wife who is already an LPR now(Instead of my dependent children as in the I824 Part 3 Sectons 5a- 6g ). The NVC rep has now passed the matter on to her supervisor.
4. I plan to write to both the USCIS and NVC about this to rectify matters. Is there a specific department to address these to?
Thanks again. Best Regards
Expert:  Judith replied 1 year ago.
You have me very confused. It appears to me you filed an I-824.You are the applicant on which the request to follow to join is based.Your name goes just as per my first answer to you.You include a copy of your brother's approved petition and a copy of your green card to show that the children were listed as your dependents on the petition and are following to join based on your approved application.I don't know what you put on our previously filed I-824. I can only give you the information of what goes in the form. If you want to pay for additional services I am happy to help you. There are free legal services available through law school legal clinics and Catholic Charities. You can google" Free Immigration legal clinic" and have a lawyer review your 824. It is too complicated what you are writing here for me to help you without going into depth about all details.Judith
Customer: replied 1 year ago.
Judith - I am sorry that I am confusing you. I am just trying to get everything right on my side before I talk to the USCIS so that I am not the one on the wrong foot.So from your previous answers to me: "You and spouse would file the adjustment of status 485/765/131 here in the US.
Then upon approval of your adjustment then you will file form I-824.You cannot file that until your adjustment is approved.
That means once your status is changed to perm resident your children may not use the H4 to enter the US because the primary visa holder is no longer an H.Consequently it can take 6-8 months for the I-824 approval, notification to the National Visa Center and the actual immigrant visa processing for them to be able to enter the US. "
- I appear to have filed the right forms ie I824 with my I485. ( My brother (US Citizen) was my petitioner and I was the beneficiary on the approved petition originally - and upon an available visa number)My main question is have i filled out : Part 3 Section 2 a-g correctlyI have scheduled aphone consultation now with yo. Look forward to talking to you!
regards,
Shri
Expert:  Judith replied 1 year ago.
I gave you a counter offe. That is the lowest I can go.

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