i485 aos question bout derivatives
Heres the deal, i would really appreciate it if anyone could give me their input:
My aunt sponsored my dad (F4) and our lawyer filed all the papers 485 485a 765 etc.
Im 21, turning 22 soon, and me and my brother, we are covered by the CSPA and our family, 245i
question is: If my dad DOES NOT do his biometrics and DOES NOT goto the interview, but me and my brother go through with it, IS IT POSSIBLE FOR THE DERIVATIVES(MYSELF AND MY BROTHER) TO ADJUST STATUS? My father has been unemployed for awhile, and i dont know if hell be sane long enough for everything before he abandons the family.
answer my lawyer gave: It depends…Usually, if primary beneficiary gets denied…derivative beneficiary gets denied as well….
here is my personal timeline:
08/06/2010 - Mailed to Chicago office Express Mail (i485, i485a, i864, i765, i131 etc.)
08/09/2010 - Received by Chicago USCIS Chicago Express.
08/18/2010 - Checks cashed
08/21/2010 - NOAs received in the mail
08/30/2010 - Biometrics appointment letter received (for 9/22)
9/01/2010 - WALKIN BIOMETRICS (Just Me though)
I dont care what your attorney says, you are a Derivative, meaning he doesnt goes to the interview, say goodbye to the whole thing.
Heres the deal, i would really appreciate it if anyone could give me their input:
My aunt sponsored my dad (F4) and our lawyer filed all the papers 485 485a 765 etc.
Im 21, turning 22 soon, and me and my brother, we are covered by the CSPA and our family, 245i
question is: If my dad DOES NOT do his biometrics and DOES NOT goto the interview, but me and my brother go through with it, IS IT POSSIBLE FOR THE DERIVATIVES(MYSELF AND MY BROTHER) TO ADJUST STATUS? My father has been unemployed for awhile, and i dont know if hell be sane long enough for everything before he abandons the family.
answer my lawyer gave: It depends…Usually, if primary beneficiary gets denied…derivative beneficiary gets denied as well….
here is my personal timeline:
08/06/2010 - Mailed to Chicago office Express Mail (i485, i485a, i864, i765, i131 etc.)
08/09/2010 - Received by Chicago USCIS Chicago Express.
08/18/2010 - Checks cashed
08/21/2010 - NOAs received in the mail
08/30/2010 - Biometrics appointment letter received (for 9/22)
9/01/2010 - WALKIN BIOMETRICS (Just Me though)
You MUST convince your dad to move forward with the petition or else derivative beneficiaries will NOT benefit. Do whatever it takes (legally) to get him to do the biometrics. In some cases (rare) there was no interview and GCs showed up in the mail.
Good Luck!
answer my lawyer gave: It depends…Usually, if primary beneficiary gets denied…derivative beneficiary gets denied as well….
Its not "usually", its ALWAYS! Primary gets denied, all derivatives WILL get denied.
Why are you concerned that he wont attend the fingerprint and interview appointments? Doesnt he want a green card for himself? Is he planning to leave the US?