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I-824, FOLLOW TO JOIN

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  • I-824, FOLLOW TO JOIN

    Please help, my son is stuck in another country. If one files I-824, follow to join, does the dependent has to wait for the visa number availability. Primary petitioner already has green-card through employment as a registered nurse. I-824 was filed concurrently with I-485 in May 2005.

  • #2
    Please help, my son is stuck in another country. If one files I-824, follow to join, does the dependent has to wait for the visa number availability. Primary petitioner already has green-card through employment as a registered nurse. I-824 was filed concurrently with I-485 in May 2005.

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    • #3
      I-824 has same priority date as the primary application. He will have to wait until the priority date for EB3 (I believe) becomes current.

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      • #4
        Thanks, I'm just perplexed as to why they did not issue him with the visa number when I was issued my GC. Yes it EB3, Zimbabwe, and its taking a long time. The PD is May 3, 2005.

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        • #5
          Something has gone terribly wrong with your I-824 application. What proof do you have that it was properly filed and acted upon by USCIS? Your son should have been granted an immigrant visa to join you in the US in just a matter of months after your own. Not years of pendency like this one.

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          • #6
            I agree with RN that you should follow up with USCIS regarding the I-824 to make sure USCIS sent the I-824 to NVC when your GC was approved. There have been cases where they have incorrectly denied or lost I-824s that were concurrently filed with I-485s. Make sure you have a separate receipt notice for the I-824.

            However, this does not mean something has necessarily gone wrong.

            It all really depends on when you got your GC and did the priority dates retrogress after you got your GC. If the priority date retrogressed before they got the I-824, it gets stuck until the PD becomes current again.

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mrs. Mani:
              ...

              However, this does not mean something has necessarily gone wrong.

              It all really depends on when you got your GC and did the priority dates retrogress after you got your GC. If the priority date retrogressed before they got the I-824, it gets stuck until the PD becomes current again. </div></BLOCKQUOTE>

              Sorry, Mrs. Mani, but I do believe that something has really gone wrong with the concurrently filed I-824 for the OP's son. If you may recall, around 50k visa numbers were allocated for RNs (EB-3/Schedule A workers) pursuant to REAL ID Act of 2005 from which the OP was of course able to draw her green card. This special visa allocation was exhausted only on October 31, 2006. Meaning, there was never any retrogression for EB-3/Schedule A workers and their dependents that occurred before November 01, 2006. Therefore, as I said earlier, had the I-824 followed normal processing course, the son should have been issued an immigrant visa just months after the OP got hers.

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              • #8
                The first I-824 that I filed is still pending right now. I did however, filed another I-824 which was approved in 3 months, info was sent to the state dept, and everything at state dept was PROCESSED by May 2009, and now the next stage is for my son to go the US Embassy in Zimbabwe for an interview but no visa number available. His PD is still the original one of May 2nd 2005.

                My question is since something went wrong along the way with the application, is there anything that can be done to make it right. My current lawyer seem not to be aggressive about it.

                Is there any lawyer out there that someone knows who can help me?

                Thank you for help and advice.

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