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Question About US Spouse Visa Processing Time From India

Laura asks…

I-485 process not understood!!!?

My company applied for a green card for self and family (self, spouse and two children). After the due process in October 2004 all of US got our cards EXCEPT my youngest son. I visited the local immigration office at least 6 times and they are themselves supprised why he has not got it. They sent e-mails to their head office for an answer but nothing. I wrote several times to the BCIS and they did not have the courtsey of a reply. He is a bright kid and is missing out on most scholarships at the university because his status is in a limbo. I even contacted the local congressman and have come to know that currently the processing for I-485 (adjustment of status) for EB3 (India) is April 2001 – I have been monitoring the Visa bulletin and the processing dates just doesnt seem to move. My question is: if the green card process is family based and we got ours, why one child gets left behind and the processing date jumps BACK by 2 years. What can I do to expedite his?

Best Answer:

You may misunderstand the processing times. The EB3 processing date for India is the date State Department uses to show when visas are available for H-1B applicants in the employment-based third category. If your employer filed PERM for you with your family as dependents, then EB3 is not relevant to your situation. If you have received your green card as the primary beneficiary, then everyone listed as a dependent I-485 should also have received their card unless there is a problem with one of them. The process goes in two steps: visa application (I-140/PERM filed by your employer) and adjustment (I-485). The visa approval shows you are eligible to get a green card, but each person still has to be approved individually through adjustment. The current Vermont Service Center processing for employment-based I-485 applications is Feb. 5, 2006, so your whole family should have been completed by now. It is possible your son’s adjustment has been held up for a real reason like a background check issue or it could just be lost somewhere. If his I-485 was filed before Feb. 5, 2006, call the National Customer Service Center at 1-800-375-5283.

Posted From Yahoo! Answers (for informational purposes only)

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