I-485 on hold over 3 years

[LaL 418]

It is my understanding that most WOM's are being thrown out regardless if for PR or for citizenship. At any rate - those few who choose do go forward with this - good luck.

[Shakil 4]

Do you know by which clause or on what basis are they being thrown out? I am trying to research as well. If this is the case then I wouldn't want to spend $4000 on this.

[sasa 0]

i ve been waiting for my gc more than a year and half since i applied on jan 2007 and my interview was in july 2007 and i was approved and no update in my case till now!!!

and i went in an infopass from 5 month and they told me my name was cleared from fbi..........and in june 2008 i got RFE !!! and i sent the paper and nothing update in my case .............should it be also lawsuite the uscis???

[LaL 418]

Do you know by which clause or on what basis are they being thrown out? I am trying to research as well. If this is the case then I wouldn't want to spend $4000 on this.

A quick search yeilded this memo from USCIS outlining them closing the loophole. Note the section : Expedited name Checks (which is essentially what you are asking them for)You have even less footing due to the new regulations passed recently.

http://shusterman.com/pdf/aytes122106-fbi.pdf

Might I suggest a chat consultation with Daniel Huang

edited to add: since this memo came out we saw dozens of suits being dismissed in the namechecktrack group. Less & less have filed since then.

Edited July 20, 2008 by LaL

[Shakil 4]

When did you send in your RFE? If you did within 45 days. I think you should wait at least 6-8 weeks before doing anything. Even after that, I would recommend going to the USCIS office and try to find out what happened. Hopefully you would hear from them after the RFE.

[Shakil 4]

Do you know by which clause or on what basis are they being thrown out? I am trying to research as well. If this is the case then I wouldn't want to spend $4000 on this.

A quick search yeilded this memo from USCIS outlining them closing the loophole. Note the section : Expedited name Checks (which is essentially what you are asking them for)You have even less footing due to the new regulations passed recently.

http://shusterman.com/pdf/aytes122106-fbi.pdf

Might I suggest a chat consultation with Daniel Huang

edited to add: since this memo came out we saw dozens of suits being dismissed in the namechecktrack group. Less & less have filed since then.

I would like you to please read http://www.aila.org/Content/default.aspx?docid=24696. In Feb 2008, there was a policy change in FBI Name Check process, they can no longer not adjudicate a I-485 solely because the name check is pending. This was released to AILA and can be found on USCIS website as well. Under this policy, they do not have to wait for your name check to be cleared before they could adjudicate a I-485. If you file a law suit saying that under this policy your USCIS case should be adjudicated and is not being adjudicated then USCIS would be at fault or else they would have to provide reason due to which they cannot adjudicate the case.

Thank you,

Shakil

*I am not a lawyer, I would recommend consultation as well with a lawyer before taking any action.

[LaL 418]

Do you know by which clause or on what basis are they being thrown out? I am trying to research as well. If this is the case then I wouldn't want to spend $4000 on this.

A quick search yeilded this memo from USCIS outlining them closing the loophole. Note the section : Expedited name Checks (which is essentially what you are asking them for)You have even less footing due to the new regulations passed recently.

http://shusterman.com/pdf/aytes122106-fbi.pdf

Might I suggest a chat consultation with Daniel Huang

edited to add: since this memo came out we saw dozens of suits being dismissed in the namechecktrack group. Less & less have filed since then.

I would like you to please read http://www.aila.org/Content/default.aspx?docid=24696. In Feb 2008, there was a policy change in FBI Name Check process, they can no longer not adjudicate a I-485 solely because the name check is pending. This was released to AILA and can be found on USCIS website as well. Under this policy, they do not have to wait for your name check to be cleared before they could adjudicate a I-485. If you file a law suit saying that under this policy your USCIS case should be adjudicated and is not being adjudicated then USCIS would be at fault or else they would have to provide reason due to which they cannot adjudicate the case.

Thank you,

Shakil

*I am not a lawyer, I would recommend consultation as well with a lawyer before taking any action.

I mentioned these new regulations earlier although not mentioned by name. This can hurt your chances for WOM as much as it can help it. Your case can be dismissed due to this policy citing the fact that they are clearing the backlog with benchmarks posted. They have acknowledged the problem (something they failed to when when many WOM's were successful) and implemented a whole new workflow to deal with such a problem. The fact that your case may not be following the standard benchmarks USCIS posted is the only nuance you have mentioned that might help you out.

Note that I never said not to file - I just highlighted the fact that many many are being thrown out due to 2 regulations changes since 2006. One stating they will not expedite and second changing the workflow to ensure this does not continue to happen.

[LaL 418]

One of the few links I came across tonight:

http://immigrationroad.com/green-card/fbi-name-check-faq.php

Should I File a Writ of Mandamus (WOM) Against the USCIS?

It is a personal choice, and an expensive one.

In 2005 and 2006, people whose cases had been pending for a long time (usually more than two years) started filing WOM lawsuits to force the USCIS to make a decision, one way or another. Many saw their I-485 applications adjudicated shortly after the law suit, without ever going to court. Those success stories encouraged many more, and a flood of WoM were filed later that year.

In early 2007, USCIS announced a new policy that they would no longer expedite FBI name check in response to a Writ of Mandamus. Instead, they would rather take the case to court. This may be the only choice for the USCIS, because had they left the door open, there could have been hundreds of thousands of law suits filed against them.

However, if you have a straightforward case, it has been pending for two years or more, your priority date is current, and you can afford a few thousand dollars, a Writ of Mandamus may be still worth a shot even if you have to go to court with the USCIS.

Again, each case is different and you should consult a qualified immigration attorney before making an important decision like filing WOM.

Edited July 20, 2008 by LaL

[Shakil 4]

LaL,

Please have a look at my thread and give me your input about my situation. http://www.visajourney.com/forums/index.php?showtopic=137155. I would really appreciate it.

Thanks,

Shakil

[LaL 418]

I am sorry - I do not know enough about the I485 filed separately from I130 process to be able to comment. I do wonder if them being filed at different times (years even) creates some sort of great disconnect in the process as we do not see this being reported on VJ when they are fild concurrently.

Might I ask to clarify what visa you entered on? Seems like from your signature - you probably entered on the H1B. What happened to the CR1 & K3 that were in process?

[Shakil 4]

K-3 was abandoned since I already came to the US. I believe my I-130 became connected to I-485 through an A number, but its kind of in the middle of nowhere.

[LaL 418]

K-3 was abandoned since I already came to the US. I believe my I-130 became connected to I-485 through an A number, but its kind of in the middle of nowhere.

bolded seems quite clear. At the very least you know you are not alone - zsam, maureen and ainfante all had this occur as well.

[Ehtisham 0]

K-3 was abandoned since I already came to the US. I believe my I-130 became connected to I-485 through an A number, but its kind of in the middle of nowhere.

bolded seems quite clear. At the very least you know you are not alone - zsam, maureen and ainfante all had this occur as well.

I received letter from immigration to wait for another 6 month. Same letter like 7th time now my application is going on hold upto 3 years and 3 months

[FaithfulandTrue 6]

Hi Guys: I filed my I-485 in june 2005 on marriage basis as my wife is US citizen and since to date its been hold because of name check. I got my first EAD on time but the second one they give me after a very hard time and wait for atleast 10 months to get that. My second EAD will be expire at the end of october 2008 and I already applied for the third one. Can any one please tell me that why the immigration give me that much hard time? Also in 2005 when i got my first EAD they also sent me a letter for the interview which was just after 90 days but without telling any reason they cancel my interview and since to date i never been interviewed at USCIS.

Thanks in advance,

Muhammad Rasheed Khan

i have to agree.. please make a infopass appointment.. it shouldn't matter where you come from... is it the spelling of your name or something.. does it match what you had on your k1(if you had k1).. i know i messed up big time with the spelling of my husband's name on the k1 application.. so we went to atlanta to straighten that out.. also on the 485 when it asked for other names used, i made sure i put the name that i mispelled too.. sorry you are having such a hard time.. hang in there.. God bless you

[Ehtisham 0]

Hi: In order to get a 2 years EAD i have to file a I-140 form. Am I eligible for this form or not as this is now my third EAD?

Thanks.

Hi Guys: I filed my I-485 in june 2005 on marriage basis as my wife is US citizen and since to date its been hold because of name check. I got my first EAD on time but the second one they give me after a very hard time and wait for atleast 10 months to get that. My second EAD will be expire at the end of october 2008 and I already applied for the third one. Can any one please tell me that why the immigration give me that much hard time? Also in 2005 when i got my first EAD they also sent me a letter for the interview which was just after 90 days but without telling any reason they cancel my interview and since to date i never been interviewed at USCIS.

Thanks in advance,

Muhammad Rasheed Khan

i have to agree.. please make a infopass appointment.. it shouldn't matter where you come from... is it the spelling of your name or something.. does it match what you had on your k1(if you had k1).. i know i messed up big time with the spelling of my husband's name on the k1 application.. so we went to atlanta to straighten that out.. also on the 485 when it asked for other names used, i made sure i put the name that i mispelled too.. sorry you are having such a hard time.. hang in there.. God bless you