Residency card

Asked about 4 years ago - Orlando, FL

Hello, I am married for over 4 years I went to two inetrview already and never got any answer. Now they sent me employment authorization valid for 2 years. Is teher any time frame where they have to give me answer for my I-485 (residency) Is there anything I can do to speed up the proccess? They asking the same querstions and require same paperwork (taxes, insurance etc) and we all have that for years. Thank you for your help

Attorney answers (6)

  1. Fernando Perez III

    Pro

    Contributor Level 8

    Answered . Sorry to hear about your problem. Unfortunately, there are a couple of officers at the Orlando office that do things like this. What is probably going on is that the officer who interviewed you thinks you marriage is a fake marriage, but can't prove it, so they are delaying a decision hoping you get divorced. Assuming that your US citizen spouse is still willing to sponsor you and assuming your marriage is a real marriage, there are a number of things that can be done.

    An Infopass appointment, as suggested by another attorney who responded to your question, would be a waste of time. Infopass appointments are good if a file is lost, but in your case the officer clearly has an issue with the bona fides of the marriage.

    What we would do in a case like yours is contact the supervisors and the Field Office Director in Orlando. While true that there is no set time during which Immigration must make a decision on a residency application, they must do so in a reasonable time. Four years is not reasonable. If contacting supervisors does not lead to a decision the next step is to sue Immigration in federal court to get a judge to order them to make a decision.

    If you do not have an attorney who specializes in Immigration Law you could be waiting for ever - so go out and hire one.

    We have offices in Orlando and would be glad to help you.

  2. Jeffrey Adam Devore

    Contributor Level 20

    Answered . Cases like this usually mean one of three things: 1) Your case is stuck in security checks; or 2) the examiner wants to deny your case buy doesn't really have a basis to do so - he just doesn't "like it"; or 3) the file is lost or sitting on a shelf in the file room and no one is taking responsibility for it.

    I have personally found that the best way to resolve case like this is to file a lawsuit in Federal Court against USCIS requesting the Court to issue a writ of mandamus compelling USCIS to complete the adjudication of your case within a specific period of time. I have handled many of these cases and it is the quickest way to get a case such as yours to the attention of USCIS management and get the problem resolved. Neither an Assistant U.S. Attorney or USCIS personnel want to stand in front of a judge and explain why it's taken 4+ years to resolve a matter than can often be addressed in a matter of months.

    You should schedule a consultation with an immigration attorney who has a litigation background who can explain this process to you. Our firm will often take these cases at a reduced fee and seek attorneys fees from the government if we prevail as allowed under the Equal Access to Justice Act.

  3. Jeffrey Adam Devore

    Contributor Level 20

    Answered . Cases like this usually mean one of three things: 1) Your case is stuck in security checks; or 2) the examiner wants to deny your case buy doesn't really have a basis to do so - he just doesn't "like it"; or 3) the file is lost or sitting on a shelf in the file room and no one is taking responsibility for it.

    I have personally found that the best way to resolve case like this is to file a lawsuit in Federal Court against USCIS requesting the Court to issue a writ of mandamus compelling USCIS to complete the adjudication of your case within a specific period of time. I have handled many of these cases and it is the quickest way to get a case such as yours to the attention of USCIS management and get the problem resolved. Neither an Assistant U.S. Attorney or USCIS personnel want to stand in front of a judge and explain why it's taken 4+ years to resolve a matter than can often be addressed in a matter of months.

    You should schedule a consultation with an immigration attorney who has a litigation background who can explain this process to you. Our firm will often take these cases at a reduced fee and seek attorneys fees from the government if we prevail as allowed under the Equal Access to Justice Act.

  4. Nathan Ernest Weill

    Contributor Level 10

    Answered . There is no law requiring USCIS to process the I-485 within a certain time frame. You can call the I-800 number, do INFOPASS appointments and write letters asking them to hurry. If that doesn't work there are only a couple of other things you can do that might help you speed up the process. The first thing that is available is to file a form DHS-7001 to the CIS ombudsman. This office can sometimes help you to speed up a slow case. The form costs nothing to file and is pretty easy to fill out. Unfortunately, most of the time the ombudsman is no help. The only other thing that can be done is to file something called a petition for writ of mandamus with a U.S. district court near you. This is NOT free and very difficult to do without an attorney. It is the last possible thing you should do. Do this only if you really think that USCIS is never going to process the I-485.

  5. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . More information is needed. How long ago did you file the adjustment of status application? Is the petition based upon marriage to a U.S. Citizen? Do you have an attorney who represents you and is attending the interviews?

    If not, then it may be time to hire an attorney. It may also be time to file a mandamus in Federal Court to order the U.S.C.I.S. to make a decision. This can get a little more expensive, but it may be the only way to get a quicker decision or any decision at all. Some adjustment matters have remained in the system without a decision for ten years.

    I strongly recommend an appointment with a candid and experienced immigration attorney to review the situation and discuss legal options. Perhaps, there is a reason for the delay, but more questions must be asked. That is best done at an appointment or teleconference.

    The above is general information and does not create an attorney client relationship.

  6. Patrice Dayale Dziire

    Pro

    Contributor Level 14

    Answered . Just to add a bit more to all of the helpful advice you have received -- If you do decide to pursue mandamus litigation, it does not always result in drawn out litigation. Sometimes, just the filing of a complaint will get the Service to issue a decision.

    Best,
    Patrice Dziire
    Law Offices of Patrice Dziire
    Orlando, Florida
    407-499-4387
    www.usimmigrationlaw.justia.net

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