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My immigration case to adjust my status is long over due. Almost 1 yr 6 months and counting and no one is helping

Zephyrhills, FL |

I filed to remove my temporary status July 2011. They received it august 1st. In May 2012 they asked for more info. Because it seemed they had misplaced previous info provided. We sent in our tax returns, mortgage papers and bills etc. We have never been seperated. Been married for more than 3 and a half years. They told us to wait 90 days we waited. No response. We called customer service they kept giving us the run around. Then we received a letter in the mail saying my file was sent to a uscis storage facility. I called they said it was a mistake they made and they sent it to tampa. During that time I did an info pass and they said they had issues with Vermont. Next we received a letter stating wait for appointmeny. Next info pass agent was rude and stated there was nothing we can do

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Attorney answers 4

Posted

The processing of the I-751 has slowed in tthe last few years. Yours however is the longest I have heard. I also suggest you work with an experienced immigration attorney who can look into processing of the case.

The good news is that your LPR status is retroactive and you will probably be eligible to file for NATZ as soon as you receive your greencard.

Asker

Posted

Yeh we are going on 4 yrs since we have been married. We have a house I'm trying to go to school and need financial assistance so I need my card for that. They just straight up wasting people time.

Posted

Your mistake was to file the I-751 by yourselves, without the assistance of an immigration lawyer to represent you. Am afraid none of this what you are describing would have taken place had an attorney prepared, filed and handled the case on your behalf.

The sad reality is that USCIS does not really care about the unrepresented public. They are only accountable to lawyers and their organization, AILA.

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.

Asker

Posted

we did the first one by ourselves and it got through quickly. We never expected that

Asker

Posted

Does that mean it is too late to get a lawyer on it. We did an info pass last week and it was not helpful. The woman simply stated that I just had to wait for my appointment days which could take 120 days. They have no respect for peoples time. I have a friend of mine who filed to have his status removed an entire 6 to 8 months after me and he just told me he got his greencard. I just want to get this over with so my wife and I could go on with our lives

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

It;s never too late to hire a lawyer.

Asker

Posted

Appreciate your help. Can I have a lawyer file a writ of mandamus against them?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

I completely disagree that USCIS is only accountable to lawyers and AILA just because a lawyer is a lawyer and AILA is a voluntary bar association. An experienced immigration attorney makes USCIS accountable for its actions or lack thereof. I see plenty of lawyers out there who have no idea what they are doing to the detriment of their clients. USCIS personnel see this and treat those lawyers and their clients accordingly so just having a lawyer is no guarantee of anything. Likewise, AILA lobbies various government agencies on behalf of its member who practice immigration law. While the agencies take AILA comments into consideration on any given issue, those agencies are far from being accountable or beholden to the organization.

Neil F. Lewis

Neil F. Lewis

Posted

You do NOT need a lawyer to file an I-751. The attorney here goes too far.

Posted

When waiting for an I-751 interview 12-18 months is not necessarily unreasonable. Unfortunately, these are low priority cases to USCIS. You can certainly retain counsel to represent you and follow-up with USCIS and file a mandamus action, but whether the latter makes sense depends upon the specific facts of your case. I suggest you consult with an experienced immigration attorney who can review your case, advise you as to the options available and recommend a course of action.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

I said they made a mistake in Vermont and sent my file to a storage faculty and did not tell me that until September. Had I not called and inquired I would not have known. Then they send it to Tampa now where they want us to do a next interview. We did it when I got my temporary card. They trying to tell me everyone has to do two interviews. I have a friend who filed a whole year after me. Does not have half the evidence my wife and I have and he got his greencard. That makes no sense

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

You can have the greatest case in the work and still be scheduled for an interview. While an examiner may want to approve a case by mail the computer may still randomly select it for an interview. Additionally, you can't compare your case to your friends. It just doesn't work that way as there are many other factors to take into consideration. As I previously suggested, I recommend you consult with an experienced immigration attorney to review your options and determine how best to proceed.

Posted

You definitely can do something; you can hire an immigration lawyer. It is not too late to have an experienced advocate on your side who can utilize liaison channels to determine what is happening with your case.

Asker

Posted

Thank u :)

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