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What action can i take to get a decision about my AOS case?

Dekalb, IL |

i had my AOS 4 months ago.everything went well.At the end of our interview my wife(USC) and i were happy because the officer were really nice.he said at the end that we would get a decision by mail in three days.it's been now 4 months nothing for them.the last month we made an infospass and we were told that there is no problem on our case,our case is not under investigation,we don't need any extra paper from you i just didn't have time to make a decision yet that's what he said.my case is still pending.it doesn't make any sense to me how come you said there is no problem and the case is still pending.I'm kind of impatient right now and really pissed off ,I'm tired to check my mailbox and my status online everyday.
what action can i take right now to get a decision about my case?

Attorney Answers 3


  1. Hello,

    Are you and/or your wife represented by an immigration attorney? If not, then you may wish to hire an attorney to make status inquiries on your behalf so that you do not have to continue to do so. As well, USCIS and ICE do NOT disclose when they are doing investigations, so simply being told there is no investigation may or may not be accurate.

    While I know it is frustrating, your options are somewhat limited to pressure the USCIS to make a decision. If the case is FAR beyond the reported processing times (usually a year or more beyond), then a federal court mandamus action might result in a decision. However, it is important to be aware that it also will result in a detailed review of the case, and that in some jurisdictions, it provokes USCIS into looking for a reason to issue a denial rather than an approval.

    Although not likely to be of any comfort to you, when I started practice (which wasn't all that long ago), immediate relative adjustment of status cases often were taking over three years to process! There has been improvement, although there certainly is room for more.

    If you do need assistance locating an experienced immigration attorney to assist you with status inquiries or advise about mandamus, you can look here on Avvo, at www.aila.org, or www.ImmigrationLawHelp.org. Hopefully, though, you will receive your decision very soon if the case review truly is complete.

    Best wishes,
    Jennifer

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not create an attorney/client relationship.


  2. An experienced immigration attorney in your area would be helpful to make an inquiry about the status of the case.


  3. I agree with my colleagues in that it is not possible to decide if the delay is caused by an administrative issue (reassigned agent, delayed security clearance, etc) or something more seriosu such as a superior officer finding that evidence gathered by the agent who interviewed can result in the AOS being denied. You can request an INFOPASS to the local office and request an update on your application. That way you may be able to headoff any problem and get a Request for Evidence rather than a Denial Notice. If there is a problem or issue you should contact an experienced immigration attorney for a legal opinion as to how to progress.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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