--Posted 12/06/2004--
Q- I filed for my I-485 in 2002. And I got married recently. My spouse is still abroad, and the consulate abroad ha s still not processed the case. Every time we call they just "we are still processing". My green card will arrive soon. I heard about filing the I-824 for my spouse. Would you be able to tell me about the procedure and how long it takes ?
A- Since you got married prior to the approval of your adjustment of status (I-485) application, your spouse would be able to "follow to join" you in the U.S. as your derivative. Because he/ she is your derivative, he/ she gets the same priority date as you. This means that upon the approval of your I-485 application your spouse should be immediately eligible to file an immigrant visa application at the U.S. Consulate in his/ her country of residence abroad.
However, in order for the consulate to issue an immigrant visa to your spouse, the consulate must be made aware of the fact that your status has been adjusted to that of permanent resident. One way to notify the consulate is, as you suggested, to file the form I-824 at the Texas Service Center after your I-485 has been approved. The I-824 is a request for Texas to notify the consulate in your spouse's country of residence that you have adjusted status. However, it is currently taking approximately a year and 8 months for the Texas Service Center to process I-824 applications, which would seriously delay your spouse's admission to the US.
Some service centers allow you to file the I-824 application at the same time you file your I-485 application. They then adjudicate both applications at the same time so that immediately upon approval of your I-485, they send notification to the consulate of your choice that you have adjusted status. Since your I-485 is still pending it may be possible for you to file the I-824 application now, along with a copy of your I-485 receipt notice and ask them to adjudicate it along with your I-485 application. However, I would consider this a risky option. It would require them to match up the I-824 application with your file, and I personally would not trust USCIS to go to the extra trouble of doing this; I think that they would simply adjudicate it along with all of the other I-824s that were filed.
However, there is one option that may be of use to you. Some immigration attorneys state that they have successfully submitted the following items directly to either the National Visa Center (http://travel.state.gov/visa/
- a copy of your I-485 approval notice
- your marriage certificate and
- a letter asking NVC to send you a "Packet 3" instruction package for your wife
Whether this information should be submitted to the National Visa Center or directly to the consulate is a matter to be determined by the consulate. You would need to contact the consulate by phone or email to ask them which they prefer. Consulate contact information is available at http://usembassy.state.gov/.
I have not personally tried this method of initiating the follow-to-join application for the spouse of a person who has recently adjusted status. However, I find it to be a logical solution that is worth trying.
To be on the safe side, you may want to file an I-824 application with the Texas Service Center and while it is pending, try notifying the National Visa Center or the consulate (whichever is appropriate) that your I-485 has been approved, in the method outlined above. That way, if the National Visa Center or the consulate does not act on your request, you can fall back on the I-824 procedure, even though it takes a long time. If you do this, you should submit a copy of the I-824 receipt notice along with the I-485 approval notice, marriage certificate, and cover letter to the National Visa Center or the consulate.
Q- I am currently working in the U.S. with TN status. My status expires May 2005. My questions are, what is the appeal process if I am not granted an extension on my TN status? If there is an appeal process, will I need a lawyer for it? Could I try another customs location (land or air) to receive an extension having already been denied at one location? If I am denied, is the reason for my denial public knowledge, or do I have a right to know? Lastly, how long are records kept of your denial? And when can you apply again for TN status?
A- There is no real appeal from a denial. While in the past it was common to try a second port of entry if denied at the first, with the merging of immigration inspections and Customs, I have found that increasingly, persons denied TNs are being told to go back to the first port of entry to straighten things out.
This means that it is becoming increasingly important to get things done right the first time. Some ports are more difficult than others, and some parts are inconsistent in their rulings.
Denials can be kept in the system for years and are very difficult to remove unless the port that issued the denial later admits you. As you might have heard, denials used to be rare, but are becoming more frequent as stricter guidelines are being applied.
Another option is to apply through Nebraska. But if you do that, you want to make sure the application is done correctly.
