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Should I wait longer or file again for green card marriage interview ?

Villa Park, IL |

it has been over 4 months now since our interview ,and we don't know anything yet about our case,all we were told that our IO is sick and on vacation for now , we have talked to our congressman and we got a letter from uscis office saying we are within the normal time range . what should I do now ? do we need to file again to get that file to a different officer ?

Attorney Answers 8


  1. The letter from Immigration Service states it right: you are within normal limits. Stop bothering our legislators and calm down. If you hear nothing within the next 2 months schedule an infopass appointment. Don't even think of re-applying. And...hire a good lawyer.


  2. Relax. If you hear anything in 3-4 months, schedule an InfoPass appointment.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.


  3. It appears that a supervisor may need to assign the matter to another officer, but it's unclear whether there are other complications that should be resolved by the adjudicator who started work on your file. If USCIS won't do anything, then you will have to wait.

    If it takes longer than a year from the interview date, and you have repeatedly reminded the USCIS about the delay, then you may want to have a competent immigration attorney decide whether to file an action in court to order USCIS to make a decision. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.


  4. I'm assuming you are referring to an I-130 or I-485 interview. Don't file again and don't think there is a way to get the file to a different officer. Unfortunately, the best advice is to wait. You can do something about it after a long period of time has gone by. Four months is really not that long in the world of immigration processes.

    Abraham B. Cardenas, Esquire Cardenas Law Firm, P.C. Florida Office Address: Cardenas Law Firm, LLC 8150 SW 8th Street, Suite 122 Miami, Florida 33144 (786) 347-1605 Pennsylvania Office Address: Cardenas Law Firm, P.C. 18 S George Street, Suite 615 York, PA 17401 (717) 854-6400 Office Phone (866) 353-5570 Fax Number www.CardenasLawFirm.com (English) www.ConsultoriaJuridica.com (Spanish) The posting on this web site for viewing by potential clients or others interested in learning about legal topics does not create an attorney-client relationship. The fact that an attorney may informally answer general E-Mail questions does not create an attorney-client relationship. Attorney Abraham B. Cardenas is licensed to practice only in the Commonwealth of Pennsylvania and practices immigration law throughout the United States. This web post is for informational purposes only. An attorney-client relationship is formed only after the potential client meets with an attorney AND has paid the appropriate retainer fee.


  5. Do not file again. You should get an answer with six months. USCIS is required to make a decision on the application you filed. You can certainly schedule an InfoPass appointment. This may be enough to get a decision soon. If the delay is longer than six months you may wish to consider an action in federal court to compel a decision.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  6. It is within normal range. Schedule Infopass appointment . Do not refile.


  7. Calm down and keep waiting. Other people in your situation have been waiting far longer already.

    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.


  8. Cases can get delayed, and four months is not really a long delay. Follow up every 90 days. If nothing happens after a year, try going to federal court.

    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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