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Thread: HELP on I-824

  1. #1
    I am writing you because i need HELP badly. I got my permanent resident card on June 12, 2003 at Stewart Avenue, garden City. Few days later, based on the legal advice of my lawyer, I filed form I-824 to request a U.S. consulate at Manila, Philippines that my status has been adjusted to permanent resident and to approve the petition for my husband to join me in the States. My lawyer filed the form at Garden City and it's been 7 months, yet i haven't received any news of my filed petition. So far, i received NO notice of action from USCIS nor have they cashed the check. I wrote to Immigration officer at garden City to follow-up, but he has not writen back. Then I spoke to my lawyer who said to re-file the form (after 7 months !). She said that she has no idea what happened to the petition.

    I feel so helpless right now because it means i have to start all over again. When i left for Philippines, my sister tried to contact my lawyer and spoke to her once but she hasn't returned her numerous phone calls later. I felt abandoned, used and misguided by this lawyer who is unavailable after i paid her legal fees.

    I have been a dedicated nurse to this country for the past three years and I haven't violated any laws as a resident. I love my job but the fact that I am separated from my husband is really difficult. At this point, i don't know what to do. Should i re-file? If i do, what will happen to the priority date? I wrote to Congresswoman Maloney (NYC) but no response. Does anyone know about this case?

    Thanks a lot!

  2. #2
    I am writing you because i need HELP badly. I got my permanent resident card on June 12, 2003 at Stewart Avenue, garden City. Few days later, based on the legal advice of my lawyer, I filed form I-824 to request a U.S. consulate at Manila, Philippines that my status has been adjusted to permanent resident and to approve the petition for my husband to join me in the States. My lawyer filed the form at Garden City and it's been 7 months, yet i haven't received any news of my filed petition. So far, i received NO notice of action from USCIS nor have they cashed the check. I wrote to Immigration officer at garden City to follow-up, but he has not writen back. Then I spoke to my lawyer who said to re-file the form (after 7 months !). She said that she has no idea what happened to the petition.

    I feel so helpless right now because it means i have to start all over again. When i left for Philippines, my sister tried to contact my lawyer and spoke to her once but she hasn't returned her numerous phone calls later. I felt abandoned, used and misguided by this lawyer who is unavailable after i paid her legal fees.

    I have been a dedicated nurse to this country for the past three years and I haven't violated any laws as a resident. I love my job but the fact that I am separated from my husband is really difficult. At this point, i don't know what to do. Should i re-file? If i do, what will happen to the priority date? I wrote to Congresswoman Maloney (NYC) but no response. Does anyone know about this case?

    Thanks a lot!

  3. #3
    hi, can anyone please advise if i need to re-file? I'm wondering if 1-824 is the right form because USCIS is not doing anything about it. A friend of mine told me i shoudl have filed i-130 but the lawyer said that since we were married before i get my GC then I-824 is the right form.

    thanks....

  4. #4
    I-824 is used to request action on an APPROVED application or petition such as transfer (if filed in the states) approved I-130 to an overseas post (i.e. consulate/embassy).

    From your post it's unclear if you filed any application/petition on your husband's behalf. I'm not sure why lawyer advised you to file I-824. The processing time for this form is approximately 13-17 months. My I-130 was approved back in Dec 2001 but since then I had to leave the country and now waiting for consular processing (hence I-824 filed in Jan 2003, over a year after I-130 approval thanks to an a-s-s h-o-l-e lawyer) Hopefully it will be processed soon because California Service Center is already processing Dec 2002 I-824s!

    I'd advise you to read up on www.uscis.gov web site about ways to bring your hubby in the states. I'm not sure about best/fastest way of doing it.

  5. #5
    thanks for your reply sup...

    when i got my GC June last year, the lawyer told me not to file i-130 because i was married when i got my green card (i got my GC thru employment)and my previous approval for adjustment of status works for him too. Thats why she said to just file I-824 to petition my husband.

    I was wondering if i should have filed I-130 first instead of filing straight for I-824. Do you know this process? Please help.... i'm confused and this lawyer is MIA.

    thanks

  6. #6
    If you put him on your GC paper work, does that mean that he already has a GC too? If that's the case then you probably don't have to file anything.

    Why don't you call the INS and ask them if he was approved for GC too and how he can get it. Does he just have to come to the embassy and get his passport stamped or something?

    The problem is that it's unclear if he ALREADY has a GC, like you, or not.

  7. #7
    If you obtained your green card through employment you could use an I-824. However, I-824's are only processed by the local office IF THEY ARE FILED BEFORE THE ADJUSTMENT IS GRANTED. You filed it after yours was approved. Many people do this not wanting to spend the money in case their application is denied. After the I-485 has been approved the I-824 application goes to the Service Center for processing. Yours probably never made it to the file because the file was probably in the process of being sent out for card production (green cards are not made in the local offices).

  8. #8
    By the way, the national customer service center (the number you are advised to call for information), is staffed by contract personnel who work off of scripts and know nothing about immigration law. Asking them for immigration information is like asking your next door neighbor. Also, they get rewarded by how many calls they "answer" (that is defined as how many calls taken in an hour not satisfactorily responded to) in a specified time period. Something to think about before calling them.

  9. #9
    Hi Bronzelady,

    thanks! you said and i quote , "However, I-824's are only processed by the local office IF THEY ARE FILED BEFORE THE ADJUSTMENT IS GRANTED. You filed it after yours was approved."

    Maybe, that was the reason why my 1-824 was nowhere to be located at this time. Although i filed it in the local office where i get my stamped for 1-485, I filed it after i-485 approval. If you were right, then why would the lawyer tell me to use this form? I am confused. But maybe you are right because its been 7 months now and i havent received any notice of action from BCIS nor have they cashed the check. Maybe the paperwork was lost or denied.

    What do you think i should do at this time because my lawyer is missing? Do you think i should file I-130 or I-824 (but u said I-824 is not appropriate for my case.

    please advise.... thank you so much

  10. #10
    The attorney wasn't wrong. The I-824 is the form to use....where you went wrong was by not filing it with your I-485 packet in the first place. That way at the time that the officer approved your green card they could also have done the paperwork for the I-824 and sent it to the consulate so your husband could follow to join. At this point you can try to follow up and track down that I-824 but really I think the simplest course of action is to send a new I-824 to the VSC (Vermont Service Center). Be sure and send them a copy of your marriage certificate, a translation of the certificate if it is not in English, your husband's address abroad, a copy of your green card (or the stamp in your passport) and a copy of your I-140 petition approval (if you still have it). This will make it easier for them to process your I-824 and make it easier for the consulate to contact your husband once it gets there. This is still going to take a little bit of time because after CIS does its part it has to be sent to the consulate nearest to your husband so he can be processed for an immigrant visa. Good luck.

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