Mark A Ivener, A Law Corporation

USCIS Ombudsman Discusses Pending Derivative I-485s Due to File Separation

U.S. Citizenship and Immigration Services (USCIS) sometimes approves a Form I-485 (Application to Register Permanent Residence or Adjust Status) for a principal applicant, but the derivative family members’ (spouse or minor children) I-485 applications remain pending. While in some cases this may be due to missing evidence, security clearance difficulties, or some other legitimate reason, the file may just be separated from the principal’s, the USCIS ombudsman noted recently.

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 I-485, the ombudsman asks that the following be e-mailed to

  • DHS Form 7001;
  • A copy of the principal applicant’s I-485 approval notice;
  • A copy of the I-485 receipt notice for the derivative;
  • A copy of the approved immigrant visa petition notice (if employment-based); and
  • Any other evidence that is pertinent to the case.

The subject line of the e-mail should include: “Unapproved Derivative I-485.”
The ombudsman said it will look into such cases “and review how we may be of assistance.”

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.