Derivative’s I-485 Pending Due to File Separation

Department of Home Security updated its instruction on 10/08/2009 about pending adjustment of status of derivatives when the principal’s adjustment of status is approved.  In theory, the derivative’s adjustments should be approved at the same time with the principal’s approval.

In the situation where the USCIS approved form I-485 (Adjustment of Status Application) for a principal applicant, but the derivative family members’ (spouse or minor children) form I-485 applications remain pending, there may be various reasons for the delay, such as missing evidence, security clearance difficulties, or, maybe the derivative’s files are separated from the principal’s so that they don’t get approved at the same time.

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, the applicant can send email to cisombudsman.publicaffairs@dhs.gov with attachments of the follows:

  • 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.

In the subject line of the email, the applicant can put “Unapproved Derivative I-485.”

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