I-485 Interview: Need advice

[shankarsaini]

Hello,

I need some advice. Following is my case summary.

Primary applicant: My wife, her place of birth is India
Category: EB1C
Date of filing I-140: 3rd March 2018
Date of filing i-485: 27th March 2018
Priority date: 5th March 2018
GC EAD received: April last week
I-140 approved: April last week
Biometrics completed: May 3rd week
Since I am the dependent applicant and my place of birth is Nepal, our case was approved for Cross-chargeability, which means that we would not have to follow priority date for India, but that of Nepal.
GC Interview Date: 21st July 2018

During the interview, the IO had some doubt with regards to my birth certificate. My birth certificate was issued by the Indian Embassy in Nepal as my father was a Diplomat posted in Nepal at the time of my birth. For some reason, we don't have the certificate that is normally issued by the hospital. My lawyer advised that it is ok since my current certificate is issued by an authority that has high credibility (Indian Embassy, Nepal).
But the IO insisted on seeing a certificate by a local authority from Nepal. Rest all went well but at the end of the interview she said that they would have to review my birth certificate and let us know of further action.
Hours after the interview, I received an update from USCIS on email: "Your interview was completed, Your case must be reviewed"

Can anyone advise what this status means? Does this mean that I will get an RFE?

Also, the new Policy Memorandum issued by USCIS dated 13th July 2018, post September 11 2018, the case adjudicators will have full authority to reject cases without issuing an RFE based on insufficient initial evidence to prove eligibility for the immigration benefits. Considering this, are there any chances that our case can get rejected if USCIS does not revert on further action on our case before September 11th?

Can our case get denied just on the basis that USCIS doesn't feel that my birth certificate is authentic enough? I would assume that they ask for more evidence like an Affidavit or a letter from the hospital before coming to such an extreme decision. Please advise. Thanks.

[UScitizenFilingforspouse]

Hello,

I need some advice. Following is my case summary.

Primary applicant: My wife, her place of birth is India
Category: EB1C
Date of filing I-140: 3rd March 2018
Date of filing i-485: 27th March 2018
Priority date: 5th March 2018
GC EAD received: April last week
I-140 approved: April last week
Biometrics completed: May 3rd week
Since I am the dependent applicant and my place of birth is Nepal, our case was approved for Cross-chargeability, which means that we would not have to follow priority date for India, but that of Nepal.
GC Interview Date: 21st July 2018

During the interview, the IO had some doubt with regards to my birth certificate. My birth certificate was issued by the Indian Embassy in Nepal as my father was a Diplomat posted in Nepal at the time of my birth. For some reason, we don't have the certificate that is normally issued by the hospital. My lawyer advised that it is ok since my current certificate is issued by an authority that has high credibility (Indian Embassy, Nepal).
But the IO insisted on seeing a certificate by a local authority from Nepal. Rest all went well but at the end of the interview she said that they would have to review my birth certificate and let us know of further action.
Hours after the interview, I received an update from USCIS on email: "Your interview was completed, Your case must be reviewed"

Can anyone advise what this status means? Does this mean that I will get an RFE?

Also, the new Policy Memorandum issued by USCIS dated 13th July 2018, post September 11 2018, the case adjudicators will have full authority to reject cases without issuing an RFE based on insufficient initial evidence to prove eligibility for the immigration benefits. Considering this, are there any chances that our case can get rejected if USCIS does not revert on further action on our case before September 11th?

Can our case get denied just on the basis that USCIS doesn't feel that my birth certificate is authentic enough? I would assume that they ask for more evidence like an Affidavit or a letter from the hospital before coming to such an extreme decision. Please advise. Thanks.

Well, what does Nepalese nationality say about people born in Nepal to Indian Diplomats? Most countries do not honor jus soil. The US does not, for instance.
I am not going to go digging through Nepalese nationality law. That's something you should have prepared for. What I mentioned is not even obscure knowledge. Most people know that. It sounds like you presented something similar to a Consular Report of Birth Abroad. It's odd that have the Indian Embassy in Nepal state that you are Nepalese.

Just saying

[JosephTheDreamer]

Hello,

I need some advice. Following is my case summary.

Primary applicant: My wife, her place of birth is India
Category: EB1C
Date of filing I-140: 3rd March 2018
Date of filing i-485: 27th March 2018
Priority date: 5th March 2018
GC EAD received: April last week
I-140 approved: April last week
Biometrics completed: May 3rd week
Since I am the dependent applicant and my place of birth is Nepal, our case was approved for Cross-chargeability, which means that we would not have to follow priority date for India, but that of Nepal.
GC Interview Date: 21st July 2018

During the interview, the IO had some doubt with regards to my birth certificate. My birth certificate was issued by the Indian Embassy in Nepal as my father was a Diplomat posted in Nepal at the time of my birth. For some reason, we don't have the certificate that is normally issued by the hospital. My lawyer advised that it is ok since my current certificate is issued by an authority that has high credibility (Indian Embassy, Nepal).
But the IO insisted on seeing a certificate by a local authority from Nepal. Rest all went well but at the end of the interview she said that they would have to review my birth certificate and let us know of further action.
Hours after the interview, I received an update from USCIS on email: "Your interview was completed, Your case must be reviewed"

Can anyone advise what this status means? Does this mean that I will get an RFE?

Also, the new Policy Memorandum issued by USCIS dated 13th July 2018, post September 11 2018, the case adjudicators will have full authority to reject cases without issuing an RFE based on insufficient initial evidence to prove eligibility for the immigration benefits. Considering this, are there any chances that our case can get rejected if USCIS does not revert on further action on our case before September 11th?

Can our case get denied just on the basis that USCIS doesn't feel that my birth certificate is authentic enough? I would assume that they ask for more evidence like an Affidavit or a letter from the hospital before coming to such an extreme decision. Please advise. Thanks.

Hi,

Please check the below post.

https://www.immihelp.com/experience/312174-BadMessed-Up-Interview-Experience-Pittsburgh-PA.html

The above experience is not completely similar. The lawyer advised the person to talk to the Local Congressional Office.

I hope your case would be approved by now. If not, please reach out to the Local Congressional Office, as appropriate.

Note:- Not a legal opinion.

[newacct]

Hello,

I need some advice. Following is my case summary.

Primary applicant: My wife, her place of birth is India
Category: EB1C
Date of filing I-140: 3rd March 2018
Date of filing i-485: 27th March 2018
Priority date: 5th March 2018
GC EAD received: April last week
I-140 approved: April last week
Biometrics completed: May 3rd week
Since I am the dependent applicant and my place of birth is Nepal, our case was approved for Cross-chargeability, which means that we would not have to follow priority date for India, but that of Nepal.
GC Interview Date: 21st July 2018

During the interview, the IO had some doubt with regards to my birth certificate. My birth certificate was issued by the Indian Embassy in Nepal as my father was a Diplomat posted in Nepal at the time of my birth. For some reason, we don't have the certificate that is normally issued by the hospital. My lawyer advised that it is ok since my current certificate is issued by an authority that has high credibility (Indian Embassy, Nepal).
But the IO insisted on seeing a certificate by a local authority from Nepal. Rest all went well but at the end of the interview she said that they would have to review my birth certificate and let us know of further action.
Hours after the interview, I received an update from USCIS on email: "Your interview was completed, Your case must be reviewed"

Can anyone advise what this status means? Does this mean that I will get an RFE?

Also, the new Policy Memorandum issued by USCIS dated 13th July 2018, post September 11 2018, the case adjudicators will have full authority to reject cases without issuing an RFE based on insufficient initial evidence to prove eligibility for the immigration benefits. Considering this, are there any chances that our case can get rejected if USCIS does not revert on further action on our case before September 11th?

Can our case get denied just on the basis that USCIS doesn't feel that my birth certificate is authentic enough? I would assume that they ask for more evidence like an Affidavit or a letter from the hospital before coming to such an extreme decision. Please advise. Thanks.

I think the US will only recognize a birth certificate from the country of birth, i.e. Nepal, in this case. Even if you were born in the embassy, the embassy is still the territory of the host country, and it is the host country's responsibility to document the birth.

For example, there is a longstanding principle that the US will only recognize a marriage conducted according to the laws of the country where the marriage was conducted. Sometimes people hold their marriage in a Country A embassy in Country B, and Country A will issue them a birth certificate that is valid for Country A purposes. But for US immigration purposes, the marriage won't be recognized unless it was conducted according to Country B's local laws, and you get a certificate from Country B.

I assume it would be similar with birth certificates, except that there is no dispute about the validity of the birth. So even if you were physically born in the embassy, you need to get a birth certificate from the host country, not the country of the embassy. And if you don't have such a birth certificate, you would need to provide a suitable non-availability of birth certificate documentation. You can look at this Department of State listing (select N, then Nepal on the list to the left, then scroll down and open "Birth, Death, Burial Certificates") to see what kind of birth certificate documents from Nepal are accepted.

[krypton9591]

Well, what does Nepalese nationality say about people born in Nepal to Indian Diplomats? Most countries do not honor jus soil. The US does not, for instance.
I am not going to go digging through Nepalese nationality law. That's something you should have prepared for. What I mentioned is not even obscure knowledge. Most people know that. It sounds like you presented something similar to a Consular Report of Birth Abroad. It's odd that have the Indian Embassy in Nepal state that you are Nepalese.

Just saying

wait did you just say that the US doesn't honor Jus Soli? pretty sure we do considering anyone born on US soil or US territory soil no matter the citizenship of the parents is born a citizen.

[UScitizenFilingforspouse]

wait did you just say that the US doesn't honor Jus Soli? pretty sure we do considering anyone born on US soil or US territory soil no matter the citizenship of the parents is born a citizen.

"Well, what does Nepalese nationality say about people born in Nepal to Indian Diplomats? Most countries do not honor jus soil. The US does not, for instance."

To be clear, I was referring to case of people born in the US to Foreign Diplomats.

[Houston2016]

I think the US will only recognize a birth certificate from the country of birth, i.e. Nepal, in this case. Even if you were born in the embassy, the embassy is still the territory of the host country, and it is the host country's responsibility to document the birth...

Any ambassy is jurisdiction of the country of the embassy, not the country where that embassy located. There is no local authority have jurisdiction inside of embassy.

But all story very confusing, as was mentioned before it would be similar to "Consular Report of Birth Abroad", my son has one. He wa born overseas, and living with him in different countries everybody was asking for that Consular Report of Birth Abroad, not the local Birth certificate. From another side, when we filed for Consular Report of Birth Abroad we had to submit a local birth certificate.

[UScitizenFilingforspouse]

OP,

maybe you should consult with the Embassy of Nepal in the US. It comes down to you having a claim to Nepalese nationality. See if you are able to squeeze a passport out of them.

Best,

USCFFS

[ngjaxguy]

OP,

maybe you should consult with the Embassy of Nepal in the US. It comes down to you having a claim to Nepalese nationality. See if you are able to squeeze a passport out of them.

Best,

USCFFS

Hope your case is already approved. Otherwise I agree that you should contact Nepal embassy. Officer just want to make sure that it?s not fraud case. Your lawyer should be able to assist you. Also I would recommend to get second opinion from another law firm like **** **

[ramsen1999]

Hi, I am facing a similar issue. I born in Nepal, I have an Indian passport with place of birth as Nepal. My PERM, I -140, passport has a place of birth as India. Now I want to apply for I 485.

I have to follow the priority date for Nepal, as I have a Nepal birth certificate. Is it possible to apply for I 485 without changing the place of birth in I 140 and PERM .
Did anyone do this before?