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My Adjustment of Status case has been pending for over 2 Years. I filed for VAWA (I360) in 2010 was approved in August 2011.

Baltimore, MD |

I filed for VAWA (I360) in 2010 was approved in August 2011. October 2011 I filed for I485 Green Card, I did my Biometric and received EAD in March 2011. I went for Interview in June 2012, at the interview the officer said that all looks good and that I will receive my Card in Mail in a few week. It's almost 9 Months without anything, I've tried contact the Service Center, but the answer is same, case under Initial review, I also booked INFOPASS and the person there did not have any information for me. Please advice, and can apply for Advance parole? I have extreme emergency to travel.

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Attorney answers 3

Best Answer
Posted

You should speak with an attorney in person to see what can be done. Advance parole may be an option for your immediate travel needs.

However, it seems to me that you have a bigger issue - which is getting USCIS to make a decision on your case. It may be possible to file a law suit to compel them to make a decision. This is something that you would want to discuss privately with qualified immigration attorney.

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

More specifically, you'd want to file a Writ of Mandamus in federal court compelling USCIS to adjudicate your case. Since you have been waiting for 2 years I think you are at the point where you will need to take such a step to get a decision.

Asker

Posted

Thanks so much, about advance parole can I apply even though my removal case was cancel and relief granted.

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

Advance parole simply allows people who are waiting for their status to be adjusted to leave and re-enter the US before this process is completed. If you leave the US without advance parole the US government considers you to have abandoned your application. If your removal case was resolved in your favor - I don't think this should prevent you from obtaining advance parole. However, you really shouldn't rely on an answer from avvo as I do not know all the particulars of your case. You will need to hire an attorney who can fully advise you as to the advance parole process - and potential draw backs. In some cases, we advise our clients not to leave even if they do have advance parole.

Asker

Posted

Thank you so much Shasa.

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

If you feel my answer was good perhaps you could mark it as "helpful or "best answer." Thanks!

Posted

You have to go to local USCIS office and find out status of the case. Its possible to do advance parole but I would suggest you to speak with immigration attorney who can assist you.

Posted

Sue in Federal Court for a Writ of Mandamus to force the government to make a decision on your case.

(213) 394-4554 x0 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.