Help with I-824 After USCIS Approval

[VJullien]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by VJullien:
Sorry - My friend's status was adjusted in 2005. We are trying to get the child over to the US... </div></BLOCKQUOTE>

When we say "status adjusted" we noramly talk about becoming a permanent resident within the US. Is that the case here, or your friend became US citizen in 2005?

If your friend was able to petition for a family member in 2003 (was permanent resident), she should have filed I-130, not I-485 for her minor child living abroad.

But first, what was your friend's status when she petitioned for her child? </div></BLOCKQUOTE>

OK - Let me try to clarify my previous post...

My Friend's I-360 got approved in 2004. She then filed concurently an I-485 for herself, and an I-824 for her daughter (following the instructions on the I-485 for "derivative"). My friend became a permanent resident late 2005. So, she was not yet an LPR when she petitioned for the child.

USCIS then transmitted the I-824 to NVC in January 2007, as well as to the Foreign US Consulate. Where should the next move come from? NVC, or US Consulate? Do we have to ask USCIS to re-submit the I-824?

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by VJullien:
Sorry - My friend's status was adjusted in 2005. We are trying to get the child over to the US... </div></BLOCKQUOTE>

When we say "status adjusted" we noramly talk about becoming a permanent resident within the US. Is that the case here, or your friend became US citizen in 2005?

If your friend was able to petition for a family member in 2003 (was permanent resident), she should have filed I-130, not I-485 for her minor child living abroad.

But first, what was your friend's status when she petitioned for her child?

[VJullien]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
sorry, I can't follow:

Who's status got adjusted in 2005? Your friend's or her child's? </div></BLOCKQUOTE>

Sorry - My friend's status was adjusted in 2005. We are trying to get the child over to the US...

[aneri]

sorry, I can't follow:

Who's status got adjusted in 2005? Your friend's or her child's?

[VJullien]

My friend filed an I-485 and an I-824 for her minor child leaving abroad in 2003. She got adjusted in 2005 and in January 2007, USCIS sent the I-824 to the National Visa Center and notified the foreign consulate of my friend's change of status.

Now - Neither NVC nor the consulate have any record of that communication.

What should we do? Some NVC employees have told us the NVC is NOT involved in processing I-824... Our lawyer tells us otherwise...

Thanks for your help!

[VJullien]

My friend filed an I-485 and an I-824 for her minor child leaving abroad in 2003. She got adjusted in 2005 and in January 2007, USCIS sent the I-824 to the National Visa Center and notified the foreign consulate of my friend's change of status.

Now - Neither NVC nor the consulate have any record of that communication.

What should we do? Some NVC employees have told us the NVC is NOT involved in processing I-824... Our lawyer tells us otherwise...

Thanks for your help!