There may be challenges with the petition that the case is under investigation. Were the two of you separated at the interview? If it has taken two years and two interviews, you may have to file a writ of mandamus to get a decision. If you are married for more than two years at the time of approval, he will get permanent, not just conditional resident status. However, it is unclear whether the decision will be favorable.

You and your husband should go over the facts in the case with an experienced immigration attorney. Were the two of you physically separated during this marriage? Was your husband ever convicted? Does your husband have a common name? It is possible that a mistake has taken place, a reason exists that keeps him from immigrating, or some sort of challenge with his FBI name check. There have been cases pending for ten years where the USCIS simply had to take its time to figure things out and no one wanted to file a lawsuit to demand a faster decision.

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

If your case has been pending for more than 2 years then I think you can benefit from speaking with an experienced immigration attorney. Sometimes our office has been successful moving long pending cases forward by submitting written inquires to the local immigration office, speaking to supervisors on the phone, or going to an INFOPASS appointment with our clients to obtain information about the status of their case. When these steps do not work, we assist our clients in filing a lawsuit against the government. In the lawsuit, we ask the judge to require that USCIS make a decision in our client's case.

I hope this information is helpful to you.

Respectfully,

Elizabeth Rompf Bruen
Attorney at Law

Scott D. Pollock & Associates, P.C.
105 W. Madison Street, Suite 2200
Chicago, IL 60602
Phone: 312-444-1940
Fax: 312-444-1950
ebruen@lawfirm1.com

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