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485 returned.....please help and direct

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  • 485 returned.....please help and direct

    hi

    my mom filed a i-130 petition for her daughter as a gc holder and by the time she became a citizen , the I-130 petition was approved

    Since the priority date was current, we sent the package to uscis with her passort copy to show that the benificary now falls in the first category.

    But the entire package was returned saying that the priority date was not current. this could be either they are seeing ous in gc category instead of citizenship one OR they just ran thru the file

    how do i communicate with uscis ? everytime we call we hear something new?
    some say the application was not updated?
    some say we need to inform nvc ? we did that and got a return reply to have uscis upgrade the application?
    the funny part is, some say that a passport is not a proof of citizenship?


    we are going back and forth in the process? does any one really knows whats needs to be done ?

    please help, we are lost in the process

  • #2
    Youo should contact NVC,

    Send them a letter, talk to them.... don't just mail your packet:

    Once your 130 petition is approved by USCIS, it is sent to NVC where it sits and waits for ur date to be current. However, if there's a change (PR --> Citizen), mail them formally, call them up even tho it is supposed to be an auto upgrade, I wouldn't trust it until I get a written confirmation, if I was you.

    This is the info from Immihelp pages:
    ----------
    If you are approved in one category and if your and/or your sponsor's status changes, you are automatically converted from one category into another and it is not necessary to file a new petition. For example, if a lawful permanent resident files an F2A petition for his spouse, and then later becomes a U.S. citizen, the F2A approval is automatically converted into an immediate relative petition. This is one reason why an F2A petition should always be filed, even when the petitioner expects to naturalize shortly.

    Therefore, if you are eligible for US citizenship, you should apply as soon as possible.

    Even though not required, as soon as you become a US citizen, notify NVC and send them a copy of your naturalization certificate and your I-130 approval notice. The National Visas Center (NVC) will upgrade your status to immediate relative. NVC will send the beneficiary any additional forms and information that may be required.
    -------------

    link to NVC contact page:
    /national-visa-center-nvc/

    Ph: 603-334-0700.
    LIVE assistance from 7:30 AM to 12:30 AM (EST), Monday through Friday. Best time to call is between 8 AM and 10 AM or between 9 PM and midnight.

    Email:
    Case inquiries can also be made via email at NVCINQUIRY@state.gov

    Sample letter:


    Hope this helps, good luck.
    Last edited by kkboy; 02-27-2007, 02:03 PM.

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