Richmond, VA asked in Family Law and Immigration Law for Maine

Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green card. So, our lawyer filled out the I-485 for us and submit them to the immigration. We did the fingerprint at 2020 and we were waiting for the rest of the process. Our mom got her citizenship on February 2022 while we were waiting for the following step of our green card process. 

Our lawyer is stating that we will receive a denial because the statut of our mom changed. But the immigration send us a request on May 2022 to send our medical record so they can move forward with the application. 

The lawyer is saying that we are no longer eligible to apply the I-485, and he said we need to fill out a nunc pro tunc asylum application and I-485 after the denial of the immigration. 

category "A05"

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2 Lawyer Answers
Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York, NY

A: I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The origional applications would need to be upgraded/updated/filed. The details would have to be determined through a consult! Definately get a second opini

1 user found this answer helpful

Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You need to share your paperwork with an immigration attorney.

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