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.
No. It will only cost you additional money. You have several other methods at your disposal. Seek a second opinion if you are not happy with the advice you get.
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Ask your attorney. He/she knows all the facts about your case. We do not.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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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.
(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.
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.
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Apparently there are questions as to the validity of your marriage. No action would be taken on a naturalization petition until your I-751 issues are resolved. Do consult with your attorney on this or in the alternative consult with another Immigration Attorney.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
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