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Immigration case pending for 8 months now,two time info pass appointment and we called several times

Chicago, IL |

Married to a USC for almost 2 years now ,interview was 8 months ago, didn't receive anything from USCIS yet , the first info pass we were told to wait its within the normal processing time, and the second one were told the case is pending due to security checks ..just wondering what security checks are? I went to school and applied for a job and they both did security check on me and came back clean ,so whats this one about ? I am from Morocco,How long does that security check usually take ?

Attorney Answers 6


It could go on indefinitely. If your name is remotely similar to one on a terrorism checklist, you may need to file a lawsuit to get the application processed. I suggest following up for a full year before filing a petition for writ of mandamus.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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full year from the day we filed or the day of the interview ?How much does that law suit usually cost ? thanks a lot


Security checks can pretty much take up years if USCIS wants to stall your case and not grant you the green card. Consider hiring an attorney and filing a Mandamus action in federal court to compel Immigration to act.

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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It can take a very long time. If so, have your lawyer file a Petition for a writ of Mandamus in federal court.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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A security check involves running your name and fingerprints through databases to check if there is anything questionable in your background. If it takes too long consider hiring an immigration attorney to compel action. That being said, 8 months doesn't seem unusually long.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Understand that immigration security checks are more thorough and can take substantially longer than school or employment background checks. As my colleagues have stated, it can pend indefinitely. After one year, contact an immigration attorney to consider a mandamus suit (getting a Federal Court judgment to force the agency to make a decision on your case).

DISCLAIMER: This answer is for informational purposes only under the AVVO website, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am only admitted in New York and New Jersey. Visit my site for more information:

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Without filing a mandamus the situation will not be expedited as you hope.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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