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How long does it take for the USCIS to make a decision on a I485?

Columbia City, IN |

My husband and I had our interview in Jan of 2013 for the I485. The interview went good and the officer told us that we needed to resend in my husband's medical record because the copy she had was not signed by the doctor. We sent it out the next day the uscis got it within two days. As of right now we still have not received an answer yet. We have a lawyer but the only thing he keeps saying is, "You need to wait for their decision." I believe that almost 6 months we should have had our decision by now. We have not received anything in the mail saying something was wrong. Any advice on what we should do?
Thank you

We called our lawyer and he said that the officer that took our interview was moved to a different department. So he put in an inquiry in two months ago. They still said that we need to wait.

Attorney Answers 5

Posted

Stop distrusting the lawyer ... You are wrong, he/she is correct.

They can take over a year if they sent it to a 'remote' adjudication center.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I do not know about that specific geographic area, but in my opinion it is way too long.

Ji Min Kim

Ji Min Kim

Posted

At least from the "west-coast" experience, I agree with MR. Capriotti. Sometime, it just gets sent to a remote place. Usually info-pass cures things.

Posted

Your wait is outside of normal situation. You should consult with a different lawyer. I would also schedule an infopass and taked to USCIS. These officers who do interviews also do rounds of duties as infopass informaiton officers and this is quite a good way to find out what is going on.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

I agree with Mr. F. Capriotti.
You may try to do info-pass on this if you want. I am pretty sure your attorney already did.

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Posted

USCIS has up to 90 days after an interview to render a decision on a case. In this situation, however, it is quite possible that the interviewing officer who since got transferred moved or misplaced your file. That's why so much delay I think. There is nothing else your lawyer or any other lawyer can do at this point, short of filing a Mandamus petition in federal court, to compel USCIS to render a decision on the case now.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Sometimes things can end up this long but it certainly looks abnormal. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St Ste 128
Carmel IN 46032
Ph: (317) 660-6174
www.haranlaw.com

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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