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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 96012
Experience:  7+ years of experience handling various legal matters.
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USC “GLORIA” PETITIONED FOR HER SISTER

Customer Question

USC “GLORIA” PETITIONED FOR HER SISTER “CARMEN”, AN ECUADORIAN NATIONAL, AND “CARMEN” WAS DULY ADJUSTED TO LPR ON JULY 15, 2013 HERE IN THE U.S. CARMEN’S HUSBAND, “FABIAN” WAS ALSO GRANTED LPR STATUS AS “DERIVATIVE BENEFICIARY” UNDER THE PETITION. BOTH PAID REQUISITE PENALTY FEES, AND BOTH RESIDE IN QUEENS COUNTY, NY WITH THEIR 3 USC COMMON CHILDREN.

NOTABLY, AT THE TIME THAT PETITIONER/GLORIA FILED THE INITIAL FORM I-130, THE FORM I-130 DID NOT REFLECT THE NAME OF BENEFICIARY/CARMEN’S DAUGHTER, JULIANA, WHO WAS 7 YEARS OLD AT THE TIME, AND WHOM SHE HAD WITH ANOTHER MAN, AND BEFORE SHE MET HER CURRENT HUSBAND. THE CHILD, JULIANA REMAINED IN ECUADOR AND IS STILL THERE.

UPON THE PRIORITY DATE BECOMING CURRENT, BENEFICIARIES FILED THEIR FORMS I-485 AND THEY MADE MANIFEST JULIANA’S NAME AS THE DAUGHTER OF THE LEAD BENEFICIARY, CARMEN. IN JULY, 2010, WHILE THE APPLICATIONS FOR ADJUSTMENT WERE PENDING, BENEFICIARIES NOTIFIED NVC, NEW HAMPSHIRE THAT THE LEAD BENEFICIARY, CARMEN, HAD A DAUGHTER IN ECUADOR WHO WAS NOT ON THE FORM I-130, BUT WHOSE NAME WAS DULY REFLECTED ON THE FORM I-485.

PORTSMOUTH RESPONDED ON AUGUST 16, 2013, ASKING FOR THE NATIONAL VISA CENTER CASE AND RECEIPT NUMBERS, AS WELL AS THE APPROVAL NOTICE, AND THE BENEFICIARIES DULY RESPONDED. NO FURTHER CORRESPONDENCES WERE RECEIVED BY THE BENEFICIARIES CONCERNING JULIANA, OTHER THAN THE GRANTING OF LEGAL PERMANENT STATUS TO BOTH THE BENEFICIARY, CARMEN, AND THE DERIVATIVE BENEFICIARY, FABIAN. JULIANA IS NOW 19 YEARS OLD, AND WILL BE 20 YEARS OLD ON NOVEMBER 12, 2013.

IS JULIANA ABLE TO ADJUST MORE IMMEDIATELY AS “DERIVATIVE” BENEFICIARY, HAVING BEEN THE DAUGHTER OF THE LEAD BENEFICIARY CARMEN AT THE TIME OF THE INITIAL FILING OF THE I-130? WHAT FORM IS REQUIRED TO DO SO? WHAT VENUE MUST THE FORM BE FILED WITH?
Submitted: 1 year ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Can you tell me if Juliana's case is open and pending with the National Visa Center?
Customer: replied 1 year ago.

There was never any application filed for Juliana. There was only a correspondence sent to NVC, subsequent to the filing of the I-485 of her mother, Carmen, informing the NVC that Juliana was the child of the lead beneficiary, Carmen.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then I don't think that is going to work because it is too informal. I believe that an I-824 will need to be filed to being the immigrant process for Juliana. Take a look at this link near the bottom where it talks about following-to-join benefits:


http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

It should take about 6 months to a year to process the case, but she should be able to immigrate and get a green card when it is done.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 96012
Experience: 7+ years of experience handling various legal matters.
Guillermo J. Senmartin, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX your swift response.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You are very welcome, but you forgot to rate me positively. Since you have been a user of this site for awhile now and have rated all your posted questions, I had just assumed that there was something else that you needed answered. If there is, please let me know. If there is not, then please remember to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.

Will you please respond to my concerns that I have been billed twice?


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
For assistance with your account or with any billing questions you might have, please click the Help link at the bottom of the question page or emailXXX@XXXXXX.XXX and the Customer Support department will correspond with you directly to assist you.
Customer: replied 1 year ago.


I have just rated you excellent a third time.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Strange. It did not come out here. I will have the administrators take care of it. Thank you so much!
Customer: replied 1 year ago.

A follow-up question: On Form I-824, which of the categories, A-E is the appropriate category? The child who we're trying to bring into the U.S. is in Ecuador. The lead Beneficiary mother, Carmen, was granted LPR status after filing her I-485. The original Petitioner on the I-130 was Carmen's sister Gloria.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I assume that the daughter was listed on the mother's I-130?
Customer: replied 1 year ago.

Unfortunately, this was the problem in the first instance. The child, Juliana, was NOT listed on the initial I-130 that was filed by her mother's petitioner/sister. The initial petitioner, Gloria (Juliana's aunt), filed the I-130 for her sister, Carmen (Juliana's mother). Carmen was granted LPR status here in the U.S., and now wants to bring her daughter into the U.S. as a derivative beneficiary. The child, Juliana, is still in Ecuador.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, according to the link that I gave you in regards to following to join benefits, she should still qualify even though she was not named in the I-130. In the I-824 it would be "D" and a letter of explanation should be send along with a copy of the child's birth certificate to prove she was born before the mother received Lawful Permanent Residency.
Customer: replied 1 year ago.

I selected D as well and believe that the child is eligible as well. That being the case, the "person filing the application" in Part 1 of the I-824 is the initial I-130 Petitioner, Gloria (the child's aunt), right? I'm confused, though, as to why there is direction, that if you chose C, it expressly asks you what the name of the child to follow is. D does not.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry, I apologize. I meant "C". My finger must have slipped on the keyboard.
Customer: replied 1 year ago.

WHEW! Thank you. So, as to the second part of my question: the "person filing the application" in Part 1 of the I-824 is the initial I-130 Petitioner, Gloria (the child's aunt), right?






Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, because it says that "...my status has been adjusted...." So that means that it is the beneficiary filing it.
Customer: replied 1 year ago.

I'm so sorry, your answer didn't make sense. I distinctly asked if the "person filing the application" in Part 1 of the I-824 is the initial I-130 PETITIONER. You responded "Yes, because it says that "...my status has been adjusted..." THEN you say "so that means that it is the BENEFICIARY filing it." So, is it the PETITIONER of the original I-130 filing the I-824, or the BENEFICIARY of the original I-130 peitition who ultimately filed the I-485 and adjusted to LPR?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I said that it is the BENEFICIARY that is filing it. I guess delete the Yes that was at the front of the sentence if that as confusing you. My apologies.
Customer: replied 1 year ago.

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Thanks, that makes sense now!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sure. Sorry for the confusion.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
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96012 Satisfied Customers
7+ years of experience handling various legal matters.