Discuss KanukInYork's I-485 USCIS Case

I-485 case: Approved in 175 days (473 days less than average)
10 Mar 2015
12 Nov 2015
13 Nov 2015
16 Nov 2015
20 Nov 2015
22 Dec 2015
08 Mar 2016
Unknown Received RFE docs on 03-12. Outside of one item, all requested items had been provided in the application. The pending item is a birth certificate with parent lineage on it. Got another RFE on 04/06! Issue with given names on BC.
18 Mar 2016
05 May 2016
05 May 2016
13 May 2016
07 Jan 2016
07 Jan 2016
14 Jan 2016
14 Jan 2016
56 days
56 days
40 days
175 days
29 Jan 2016
13 May 2016

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Users currently watching this case: metalheaddude, KanukInYork, croak811, bertyp, bluerose1 32 Comments

Posted by KanukInYork
03 Feb 2016 #1
For those of you playing @ home. My case is a TN to GC. So far so good.

Posted by metalheaddude
03 Feb 2016 #2
Mine too! Let's keep each other posted.
Posted by KanukInYork
03 Feb 2016 #3
Absolutely! good luck
Posted by metalheaddude
03 Feb 2016 #4
Please let me know if you travel to Canada and share your experience. I've heard they might take us to secondary inspection coming back on EAD/AP. I've also heard this is not the case for Canadians because we are visa exempt and they just scan the AP card. Either way, it is safe to get to the airport earlier than usual while traveling on AP.
Posted by KanukInYork
03 Feb 2016 #5
Based on attorney feedback, secondary inspection is likely, so a few extra hours might be a good idea. If the CBP officers plays it by the book, he should remove your current TN/I-94 and issue a new I-94 with the mention advance Parole or parolee. Make sure you bring your $6.00!!!

Based on your profile, your case is 135 days old. You should be getting an update any time now... right? When are you traveling?

Posted by metalheaddude
03 Feb 2016 #6
Yeah that's what I figured too especially for the very first time entering on AP. Once I-94 is issued, subsequent trips are smooth. Just like TN. BTW I-94 is electronic these days. Also I haven't paid that $6 in years as my TN has been renewed by mail.
As for getting the GC anytime soon, I highly doubt it. http://mycasetracker.org/index.php?dest=center shows that 80% of the 485's filed around the same time as mine are still in process. I am not one of the lucky 20% :)
I might go to Calgary in March to visit my buddy. My AP came so late that I couldn't make it for holidays :(
BTW is there any benefits in staying on TN? I don't have to take this trip and technically as long as we don't travel and/or change employers, we are still in TN status. My TN expires March 2017 while EAD/AP expires Dec 2016.
Posted by KanukInYork
03 Feb 2016 #7
I'm only a few hours from POE, so I've almost always renewed TN in person near Watertown NY. $56 and voila!

As for staying on TN.. I'm not aware of any benefits, being that you are a parolee. In fact, you could advise your employer to reprocess your e-verify and use the AED information...

I personally pressed attorney for clarification on the TN/reentry. He assured me that it was fine, but could be bumpy. You can review forums @ http://forums.immigration.com/threads/was-your-tn-to-gc-process-succesfully-completed.268095/. There are hundreds of relavent testimonials, if my memory is correct, the reentry horror stories are marriage base petitions... but I could be 100% wrong.

Good luck

Posted by metalheaddude
04 Feb 2016 #8
I have been on that great forum. Basically you can go from any status to GC (not just from TN). That's how all the foreigners who come here on B1/B2 and marry a USC and then apply for GC. All the lawyers who try to make your employer go down the H or L path are crooks who are trying to make some money off H/L applications.

BTW you are not a parolee until you use your EAD/AP card either for e-Verify or for entering the US on AP. Your status stays TN otherwise. Just like when you were TN while waiting for the EAD/AP card. My employer has not yet done a new I-9 for me based on EAD.

I think the only benefit from staying on TN is the driver license. DL is issued based on when your I-94 or EAD expires. So if your TN expires way after your EAD, you should use your TN to get DL ASAP. In my case, I have already got a DL based on my TN a while ago.
Posted by metalheaddude
09 Mar 2016 #9
I hope your RFE is something straightforward and simple. You may not want to stay in Canada for too long because you need to come back and attend to this RFE. I am surprised I still haven't heard anything on my case. Not even an RFE.
Posted by KanukInYork
09 Mar 2016 #10
Hey Dude,

Hopefully USPS will deliver the package in time for an appropriate review...

Will be a game day decision.

Thanks for checking in
Posted by metalheaddude
12 Mar 2016 #11
There are two kinds of Canadian birth certificates: long and short forms. Hopefully you provided them with the long one that has parents on it. If not, get it this trip to Canada.
Posted by metalheaddude
12 Mar 2016 #12
Is BC the only thing they asked for? Sounds like they also asked for documents hat you had already provided them with.
Posted by KanukInYork
12 Mar 2016 #13
My BC is short form, and that's the one I provided. I just ordered a long form document online, it should be in pretty quickly. They also requested, BC for daughter and wife, copies of passport, copies of valid photo ID, copies of I94, copy of marriage certificate, all I797's and EAD/Combo cards.

Except for my BC, the I797's and combo cards, all documents were provided with translations....

I reread the RFE and the text is specific, they want copies, nothing to suggest that items provided were inadequate. That's what I find odd...

Posted by metalheaddude
12 Mar 2016 #14
That is odd they're asking for docs that you have already provided. Maybe they lost them. However the main reason for the RFE is BC. The rest seems to be redundant. My employer uses Fragomen and they're pretty experienced based on previous RFEs of tons of clients they have had over the years. So they pretty much covered every hole for me. I mean they put me through a lot of crap to provide all docs (including my docs from the 90s when I attended university in the US). If I get an RFE, I'd be really pissed especially after 6 months of waiting.
By the way, did you get married in recent years? If so, there's a possibility of an interview to make sure you didn't marry your wife so she'd just tag along your GC application.
Posted by KanukInYork
12 Mar 2016 #15

I agree, BC was iffy and the paralegal mentioned it could be an issue. We rolled the dice! As for the wife, we have been a couple for 24 years and married for almost 15.... scrutiny of our relationship is not an issue.

I suspect my attorney will get a copy of the RFE this Monday. I look forward to his thoughts on these demands and plan to address this.

Best regards
Posted by metalheaddude
06 Apr 2016 #16
Oh mine.... I'm sorry for another RFE. Never ending story with these USCIS fellows. Oh well at least you're getting RFE's which means they're looking at your case :) Just kidding! I filed my first SR. Let's see what they say. This situation reminds me of that Monty Python episode: always look on the bight side of life! And that's while they're on the cross! LOL
Posted by KanukInYork
06 Apr 2016 #17
Dude, I saw your comment about the SR. How did that go ?

I now understand why the US has such low regards for bureaucrats.... Seriously, 2 RFE's in 30 days! I can't wait to see what they need now! Stay tuned.

Posted by metalheaddude
06 Apr 2016 #18
I just filed the SR today. Will keep you posted. Company lawyer was against it and wanted me to wait 2 more months. I am getting my own lawyer. My company merged with another company and the new CEO is not paying for any immigration stuff. So their lawyer is kind of getting out of the picture. I am on my own now. Employer won't even pay for EAD/AP extension.

2 RFE's is outrageous. I am also curious what this one is about. I'm assuming you've provided them with long form BC for you and all your family members.

In the meantime, cheer up :) https://www.youtube.com/watch?v=L2Wx230gYJw
Posted by metalheaddude
11 Apr 2016 #19
Did you receive the 2nd RFE yet?
Posted by KanukInYork
11 Apr 2016 #20
Hey dude, yes got the RFE today.

Basically, my father made a mistake on my BC in 1969 and it's now bitting me in the ass. I went through life as Daniel, but he listed my middle name 1st on my BC. Now UCSIC want's to either proceed with the name as they appear on my BC, or I file for a name change and refile I485 and supporting docs.

Attorney and I decided to proceed as is and we will go with name change once the I485 is approved.

Reply to USCIS should leave tomorrow.

Finger crossed.

Posted by metalheaddude
12 Apr 2016 #21
I believe this is the end of the GC journey for you and you should get approved soon. As for me, I wasn't born in Canada. So I had to get notarized affidavits from my parents in Ottawa that I am their child. I hope they won't come up with an RFE after waiting so long :( I'm starting to hate GC. I was a happy man on TN for 12 years.
Posted by KanukInYork
14 Apr 2016 #22
Hello dude,

GC process is just that... It's a process! Our entire lives are neatly packaged into files so that it can be reviewed ,and analyzed by overworked, underpaid bureaucrats that have no real control on the the processes. It must be really frustrating! Then the political elite will not hesitate to sacrifice government employees that let someone like the San Bernardino shooter through the immigration process or a bad refugee. I really do not envy case officers....

As for the RFE, we actually changed tactics. After review, we decided to file the paperwork with the B-C Vital Statistics Agency and get an amended BC. This will ensure that my Perm, I-140, I-485 match... Would not want the RFE reply to invalidate my petition because of an error. I spoke with B-C employees, and they assured me that amendment could take a few days. So it's worth the wait.

Best of luck to you, I can understand that you moral is a bit low ATM. This will be over soon.


Posted by KanukInYork
19 Apr 2016 #23
An update for everyone. The agency will NOT amend my birth certificate. Will have to get affidavit and letter explaining the mix up.

Fingers crossed

Posted by metalheaddude
19 Apr 2016 #24
Which agency? The Canadian BC agency? This sucks. Keep us posted.
Posted by KanukInYork
19 Apr 2016 #25
Yes and YES

Vital Statistics Agency of BC

will keep you posted. Best of luck to you
Posted by metalheaddude
29 Apr 2016 #26
Did you submit your affidavits to USCIS?
Posted by KanukInYork
29 Apr 2016 #27
Yes, sure did...

Sent last week, received by USCIS on 4/27. Status page is also updated.

Fingers crossed! Any action with your case ?
Posted by metalheaddude
29 Apr 2016 #28
Nah. I think it has entered a blackhole :( All I know and focus on these days is to follow the steps I need to follow to prepare for a writ of mandamus. By then, it'll be over a year.
Posted by metalheaddude
05 May 2016 #29
Congrats! Hopefully I'm right behind you.
Posted by KanukInYork
05 May 2016 #30
Keep me posted man... good luck
Posted by bluerose1
19 Apr 2017 #31
Hello KanukInYork! I too am Canadian and came across this thread in a search and saw that you had similar BC issues. Are you able to tell me what type of Affidavit you needed to provide the USCIS? My issue is that my birth certificate contains a middle name on it that I did not include in my I-140 (I don't even use it). I only put my first and last name in my I-140. I know that you are already a GC holder but would appreciate any help you can provide.
Posted by KanukInYork
19 Apr 2017 #32
Hello Bluerose1,

I feel your pain! My RFE was received exactly one year ago. It's a shame that this website does not allow members to direct message. I would gladly share my correspondences.

My issue was a bit more complex; 1) I have 3 given names 2) Everyone calls me, and I go the first name of Daniel, but based on my BC, that is one of my middle names! At the time, I really thought my application was at risk.

My attorney and I were very cautious and laid out the truth. I provided a copy of old DL, school records and got affidavits from my CDN doctor and family members. I wrote that: 1) everyone knows me as Daniel, 2) I always used Daniel as a first name 3) Getting official documents (DL and passport) had never been an issue. I also asked USCIS to kindly issue my GC with my usuary first name of Daniel, or issue my GC with the names as they appear on my BC.

I received the RFE on 4/19, replied on 4/26 and got notification on 5/5 that my application was approved. Received GC on 5/6 with Daniel as the first name.

good luck

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