I-485 Application for my step-daughter (under 21)

[RaffaeleInMiami]

I am a US Citizen, and filed a I-485 for my wife and her daughter (my step-daughter) on July 2006. In September, I also filed an I-131 (Travel Documents) for both of them. My wife's I-131 has been approved, but my step-daughter's has not. They are saying that a former I-485 that my step-daughter had filed in the past together with her real dad had not been approved, so without a pending Form I-485, she is not eligible for an advance parole document. As of today, there's still no records that her former I-485 has been denied, and apart from that, she is currently under her mom's I-485 application. How come the Service Center didn't see that before denying her I-131? I promptly called the National Customer Service Center to let them know about the inaccuracy in their records of my step-daughter's file. What else do I need to do? By the way, I even filed an I-130 on her behalf. Can anybody tell me if I need to take further action?

I appreciate your help.

[yandresyuk]

Calling them would do little, make an infopass appointment... their records are a mess so it is no wonder

[curiousone]

I am a US Citizen, and filed a I-485 for my wife and her daughter (my step-daughter) on July 2006. In September, I also filed an I-131 (Travel Documents) for both of them. My wife's I-131 has been approved, but my step-daughter's has not. They are saying that a former I-485 that my step-daughter had filed in the past together with her real dad had not been approved, so without a pending Form I-485, she is not eligible for an advance parole document. As of today, there's still no records that her former I-485 has been denied, and apart from that, she is currently under her mom's I-485 application. How come the Service Center didn't see that before denying her I-131? I promptly called the National Customer Service Center to let them know about the inaccuracy in their records of my step-daughter's file. What else do I need to do? By the way, I even filed an I-130 on her behalf. Can anybody tell me if I need to take further action?

I appreciate your help.

Was there in fact an I-485 application filed for your stepdaughter?. I dont know whetehr or not it was really denied but becaus ethere was no Notice received, does not mena that it wa snot in fact denied. it happens all the time with mail lost.
How old is she?
even if her former I-485 was denied, it doe snot necessarily mena that sh eis precluded from filing another. The reason for the denial, if in afct there was one, becomes important.
If in fact there is no denial then make an appoinbtmentw ith infoapss and resubmit the application then

[RaffaeleInMiami]

My step-daughter is 13 years old. The first I-485 she filed with her dad was based on her dad's L1-Visa. If it got denied, I would assume it had to do with the documents that were presented with the application. As far as her current application is concerned, she is now under her mom's I-485 Form, based on her marriage with me (US Citizen).

Does that information help, Curious One?

[curiousone]

My step-daughter is 13 years old. The first I-485 she filed with her dad was based on her dad's L1-Visa. If it got denied, I would assume it had to do with the documents that were presented with the application. As far as her current application is concerned, she is now under her mom's I-485 Form, based on her marriage with me (US Citizen).

Does that information help, Curious One?

Yes but when I read your post again, it doesnt even matter.....

1. I think each applicant is required to a I-485 so really, unless Im wrong, she indeed doesn't have a I-485 pending. She might have been listed on her mom's own ( all applicants have to list their children) but I think she would have to file one on her own. So unless 2 I-485s were filed, she doesn't have a pending one. If Im wrong, someone correct me please.

2. Even if there were one, I wouldnt take the chance and let her leave, even on a I-131. Because there is a record of a denied I-485 ( regardless of the reason), and she remained in the country, she has been living here illegally all this time. Immigration says that unlawful presence incurred while the alien is under 18 does not matter.........but in practice, Im not so sure how true that is. She might leave and can't reeenter. Just something to consider

[RaffaeleInMiami]

Confused!

Here's my question... If the National Customer Service tells you the same thing which you read on their web site with regards to the status on a case... which in my case it's pending... how in the world are you supposed to know when it gets denied? Shouldn't one be able to see online when a notice gets sent out?

[curiousone]

Here's my question... If the National Customer Service tells you the same thing which you read on their web site with regards to the status on a case... which in my case it's pending... how in the world are you supposed to know when it gets denied? Shouldn't one be able to see online when a notice gets sent out?

.
Unless u hav ethe number for the one filed by her father, then how can you check it?

[RaffaeleInMiami]

I have the File number... I was able to get it from her father... I checked it online, and even called the Service Center about it. I get the same answer. Case is still pending... Only in the notice I mentioned in a previous thread, they tell me the case was denied over a year ago. If that was correct, is it possible that after more than one year they still do not update the case online? Why are we even bothering checking case status online then?

[curiousone]

I have the File number... I was able to get it from her father... I checked it online, and even called the Service Center about it. I get the same answer. Case is still pending... Only in the notice I mentioned in a previous thread, they tell me the case was denied over a year ago. If that was correct, is it possible that after more than one year they still do not update the case online? Why are we even bothering checking case status online then?

The online case status is not always reliable. I went for my imnterview and when i checked my online status, it had not been update din almost one year!

But anyway, why not speak with her father?. if his was denied, then hers was also too. It would then make no sense to keep beating a dead horse as to whetehr or not a notice was sent or the case was updated. You would then have to file a new I-485