My I-751 waiver has been pending since April 2011. I have lots of strong evidence showing that my marriage was real and why it ended. Long story short, did my biometrics in december 2011, got a RFE in march 2012, immediately esponded. No update on my case ever since. My attorney has inquired numerous updates and USCIS is claiming its security checks. My congressman inquiry resulted in the same response. My attorney says the only solution is to wait or file some kind of expensive writ at the immigration court (which would cost me around $9K). I dont have this kind of money. I will be able to file for a citizenship in 01/2014, what are the chances that it will push forward my I-751 waiver? Also, is it a good or bad sign that I havent been interviewed yet? Thank you for the responses.
Your attorney might be referring to a writ of mandamus, which would be filed in a federal district court, not immigration court. If you file for citizenship, your application will be held until the I-751 petition is decided. You should follow up with your attorney about trying to get a decision from USCIS about the I-751, or perhaps seek a second opinion from another attorney near you.
Filing for naturalization is not likely to expedite a decision on your application to remove the conditions. However, filing for naturalization will result in your being naturalized shortly after decision is made on the application to remove conditions.
There is little that may be done to expedite security checks. Even should you file a writ of mandamus, judges are reluctant to order an administrative agency to make a decision when they are not in receipt of the results of the background checks. You should periodically make a status inquiry at CIS.
Robert Brown LLC
4767 New Broad Street
Orlando, Florida 32814
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