1. Problems with dependent applicant can affect the principal applicant
A reader asks:
My spouse’s Chart A is current, so they can file an I-485 with their company. If I file my I-485 alongside with them, will my pending NIW I-140 affect either my spouse’s or my case? I’ve heard that if either the principal or the derivative has a pending I-140, there’s a high chance the case will go into a “black hole.” I am very worried. In this situation, what’s the best approach? Should I file my I-485 with my spouse while also applying for NIW premium processing? But I feel my case is weak, and will likely receive an RFE. I have two options:
- File my I-485 with my spouse and withdraw my NIW I-140.
- Apply for NIW premium processing, and if I get an RFE, withdraw my NIW, then file I-485 with with my spouse.
Which method is better?
Alan Lee Esq. answers,
USCIS likes to adjudicate principal and dependent I-485 applications together, and if there are questions concerning a dependent, there is a chance that the principal’s application will be held up while USCIS does a file transfer for the dependent’s file and examines it for questions of inadmissibility or discrepancies with the I-485 filing. It is up to you as to whether to file and withdraw or withdraw after premium processing if there is an RFE and then file the I-485. If you believe that your case is weak, your first option may be the better one, but that of course is up to you.
2. Holding a valid F-1 visa increases the chances of returning to the U.S.
A reader asks:
I applied for OPT and during this period I also applied for a green card. My current visa status is F-1. Before I get my I-140 approved can I return to my home country?
Alan Lee Esq. answers,
We give a general caution to nonimmigrants who wish to travel overseas that Customs and Border Protection (CBP) has been doing much heavier vetting of applicants for admission since Mr. Trump became president again. That being said, you have a fairly good chance of being able to return to the US if you have a valid F-1 visa in your passport. If you must see an American consular officer for a visa in order to return, there is a chance of it not being issued, especially if an I-140 petition has been filed even if not approved. It should also be noted that some consular officers are reluctant to issue F-1 visas for individuals on OPT.