Pending Derivative Form I-485s Due to File Separation

We are aware of many cases in which USCIS approves Form I-485 for the principal applicant but does not do so for any derivative family members’ I-485 petitions.   While in some cases this may be due to missing evidence, security clearance difficulties, or some other legitimate reason, in many cases it is possible that the derivative applicant’s file may just be separated from the principal applicant’s file.

To address this kind of cases, USCIS Ombudsman has provided a new procedure which may help derivative applicants.   Under the new procedure, if a family member’s derivative adjustment of status application has been pending in excess of 30 days from the approval date of the principal applicant’s Form I-485, an email inquiry with subject line of “Unapproved Derivative I-485″  should be submitted to cisombudsman.publicaffairs@dhs.gov with the following information:

• DHS Form 7001;
• A copy of the principal applicant’s Form I-485 approval notice;
• A copy of the Form I-485 receipt notice for the derivative; and
• Any other evidence that is pertinent to the case.

This procedure was announced on October 8, 2009, so we do not yet have opinion about its usefulness, but we hope that it provides another avenue for derivative beneficiaries to move forward with their I-485 adjustment of status application.