I-485 approved, sharing experience

[nycgaijin]

Hey all,

Got my Green Card approved yesterday (May 15th, 2003). I received a leter from the INS about 3 weeks back saying that I have to appear for an interview in Newark,NJ.

Some background info for you guys:

Employment based GC application
EB3 Category
Filed in Feb 2001
Labor cleared on Jan. 2002
I-140 cleared on Mar. 2002
Applied for I-485 Jun. 2002
Received EAD & AP on Jul. 1, 2002
FP Jul. 11, 2002
I-485 approval May 15,2003

I also have a misdemeanor criminal record from my days in college (10 yrs. ago)

My lawyer got me riled up because I used to live in NJ and moved to NY. He said that because I moved they might stop the interview and transfer the case to NY office since it officially falls under their jurisdiction. I was a bit worried about this since we all know how frustrating it is to wait in a line and endure the stupidity and red tape of the INS. I just hoped that they would not transfer the case to New York and then I would have to wait another 6 months.

Anyway, I had my interview scheduled for 1.30pm. I arrived around 12.45pm just to be safe. I was finally called in around 2.30pm. Make sure you bring a book with you to pass the time. I walked in the office and the officer made me sign a form and took my fingerprints. Then we walked to his cubicle and he made me take the "oath" to tell the truth blah blah blah, and proceeded to conduct the interview.

I shouldn't call it an interview because he barely asked me any questions. He asked for a recent paystub, a current employment letter from my company, my EAD card and the new medical exam that I had to take. He asked me where I lived and I gave my Manhattan, NY address and he just asked "you moved?". Luckily I made a copy of the AR-11 Change of address form when I mailed it in December. This I think was some what of a saving grace. He went and spoke to another colleague at which point I got a little worried. He came back and said that they would change the address on the application manually because if they transferred the case to NYC then it would take another 6 mos. for me to get another interview. I thanked him for that. He also asked me if I had ever been arrested and I answered "yes", but he did not ask me to give details. He then changed the address on the application and then stamped my passport which basically meant that I had my green card. He said the card will come in the mail within 6 mos. The guy wasn't exactly very jovial but he was friendly yet stern. I didn't give him more documentation than he asked for and I did not divulge any extraneous information than what was asked.

Well that's my experience, atleast its all over now. Good luck to all of you guys.

[ohiodesi]

I-485 processing time?

First of all Congrats for getting the Greencard and putting the headache behind you. I have one question for you. I saw on the processing times link on this website for I-485 at the VSC is currently (4/03) showing to be 11/2001. But your application for I-485 was filed in 06/02 and it has already been approved. Can you tell me how this work and what exactly this date on the processing times link mean? Thanks for your help.

[nycgaijin]

RE: I-485 processing time?

Yeah, I'm not sure exaclty how that worked out. My lawyer called me up and said that my case was transferred to the Newark Service Center. The only thing I can think of is that those timelines that the BCIS posts are probably for the main service center i.e. VSC and not the local ones. Hope this helps.

[nycgaijin]

update

Just to let everyone know, I received my welcome letter in the mail yesterday which states that I should be receiving my plastic card within 3 weeks. Ofcourse I doubt that its true but as long as I have the I-551 stamp in my passport I should be fine.

[GC242002]

GC Interview

Hi Congrates !!.
I have question on the interview, i heard now a days INS is asking 3 years W2 form in the interview.
Will it be a problem if the current salary is less than the income specified while applying the GC .
Because i did not work for almost 7 months in 2002.

[nycgaijin]

Re: GC Interview

For the interview I took all my W-2's, but I was not asked to produce a single one. Also keep in mind that everything is on a case by case basis so you could be lucky or unlucky. Also if its not a employer based GC then it should be a non-issue. If it is, then your annual salary does not have to match up with the w-2 especially if you weren't working for 7 months. Talk to your lawyer, I'm sure he/she can guide you better.

[nycgaijin]

received plastic cards

Hi All,

I received my plastic card on July 3rd (approx. 1.5 months after getting it approved). This was after I received 4 (yes 4) welcome letters from BCIS. Just to fill you guys in.

[dvkrao]

received plastic cards

Congratulations for getting your plastic cards within 1.5 months time. My friends have received after 1+ years.

[JIGS1712]

#### I have a question on yr case ..####

Hello
I read yr full story. Now i hv simple question for you.

When do u get EAD ? after approval of yr I140 and I485 ? or once yr apply for I 140 and I 485 , and in couple of month u get EAD, and after that u r in queue for 485 approval ?

Pleae let me know
thnks

[ramvi]

Congratulations!!

Hi,
Congratulations on your green card! I appreciate the information you shared about the conviction. I also have a misdemeanor conviction and relieved to see your approval. I have got my I140 approved and waiting for AOS.

1. Could you share your preparation for the interview with respect to the conviction?
2. I have been worrying about the travel outside US. Did you travel outside US? If yes, could you share me your experience at POE?

Thanks for your help in advance.. Congratulations on your freedom!!

[smirza]

needing help-VERY worried

hi guys:
im sort of in Panick mode right now -Let me explain my situation: I am applying for AOS based on the fact that my wife just became a citizen (I'm on H1 right now). We have everything in order EXCEPT that for a period of time last year (3-5 months), my idiot new employer hired me but for some reason classified me as 1099 versus a W2 employee. When the mistake was realized and we rushed to try and get it fixed, a few months had passed. Needless to say, my accountant recommended I just file with my 1099 from this new employer and as a W2 for the first 4 or so months that I was with my previous employer.
Long story short, I was informed by my lawyer that we have to submit my AOS application and EAD application WITH 3 years of W2 forms. I naturally only have 1 W2 form for last year and the salary on that W2 is obviously far less than waht I actually got that year.
What should I do? Should I submit my W2 AND 1099 for that year? Will the INS not jump on the fact that I am submitting a 1099 and they might say '1099s are not for H1s?'
PLEASE advise. I'm BIG time panicking.

[nycgaijin]

Re: Congratulations

Hi,

Sorry for the delay in responding, just haven't logged in for a while.

1. In terms of preparation I took the original court documents with me. I sent a copy of this along with my I140 & I485 application, so they pretty much knew my story when I went for the interview. I assume that you sent these documents or will send them with you application packet? The best to do would be just stick to the facts. Don't try to explain about why you were convicted and why it was a mistake. I seriously doubt that they want to hear you whine about how you were bad but now you're good. Some of these guys are sadistic and it wouldn't surprise me if they tortured you with questions simply for the fun of it

2. Yes I did travel to London for work, but I still had my H-1 visa which was valid. When I returned to the US in September 2002, they noticed at immigration that I had only 2 weeks of validity left on the visa. that's when I produced the Advanced Parole docs. If you stil have your H-1 visa I would use that. Don't use the Advanced Parole because if you have to renew your visa and you entered the country on AP, then you will have to leave the country to renew your visa. This means that your I-94 will say 'AOS' (Adjustment of Status) pending. If you enter on your H-1 and then need to renew it then you can easily send it to Washinton by mail and not wory about having to leave the country

[nycgaijin]

Re: #### I have a question on yr case ..####

Usually you should get it a few months after applying for I485. I applied for it in the middle of may and got it in July (even before my fingerprints were taken)