USCIS Postponing Decision - Options?

[wrx2017 0]

Hi There,

 

Would like to ask the forum's immigration gurus for advice regarding processing times / plausible ways to follow up with immigration re: my green card case. 

 

Background: I've been living in the US for over 12yrs (graduated HS, undergrad & grad all stateside) and worked 6+ yrs on H-1B (also my current immigration status). I applied for concurrent AOS I-485 processing in Fall '15 and received EAD early '16. I have a Class B misdemeanor (this was expunged from my record by a US judge 10yrs ago) but it never truly disappeared from immigration records. I work in a technical profession (I'm licensed in the US to do so) and the immigration law firm handling my company's immigration cases confirmed that Class B misdemeanor shouldn't be a problem from receiving the green card (everything was fully disclosed to USCIS). I was asked to do an in-person interview mid-2016 presumably due to the Class B misdemeanor. The interview wasn't the best experience because the IO didn't seem to care about the judge's court order to expunge my case and asked for additional information. He gave me 90 or so days to deliver the additional documentation and stated that once that arrives, there should be no issues and approval of my AOS would be on the way. Within approx. 15days the extra evidence was delivered to USCIS as requested. About 2 months later, USCIS confirmed the receipt of the paperwork and stated on the online tracker that they are starting to review my case again. This was June '16.

 

The immigration law firm followed up after more than 3mos of waiting and USCIS replied 30 days later that they need additional 60-90 days before answering. 90days will be up this weekend and still no answer. 

 

I understand that I need to follow law firm's suggestions but frankly my experience with them have been horrendous. They have not been helpful at all and getting any answers from them is worse than pulling teeth (I'm not kidding here; this is a case of huge law firm handling immigration cases for a giant Fortune 100 company).

 

I'd appreciate any words of wisdom / suggestions based on prior experience on how to proceed or what my options may be given the above. I'm going to proceed with the obvious, i.e. getting my law firm to send a follow up to USCIS asking about the case status.

Edited January 27, 2017 by wrx2017

[Ontarkie 14,565]

I'm no expert but all the posts I've read on here when it comes to criminal records expunged or not. They take longer to review all information, then you have the FBI background checks too.

It just seems that they need to double and triple check every single thing. The last thing you want is for them to hurry up when they check through everything. Yes if they make a mistake you can fight it but it much better to let them do it right the first time even if it takes them awhile. 

 

It sure would not hurt to call them and check on things. Just in case they simply forgot about your file (it happens). You can also ask your congressional office to look into it. But my best guess is you're stuck in background checks.

[wrx2017 0]

^Thank you very much for the response. The background checks certainly could be the reason causing the delays.

 

I have followed up with immigration and was told to wait another 20 days for next update (reason for delays was not disclosed). I also spoke to several attorneys in the meantime but aside of waiting there's not much else that can be done at this time. Their explanations of delays were mostly positive and revolved around "AOS takes a lot of time - this is nothing unusual," "immigration forgot about the case," "decision needs to be made by someone above the officer," to the less positive "immigration is preparing letter to deny the application." 

 

I will provide an update when I have more info.

Edited February 10, 2017 by wrx2017

[wrx2017 0]

Received another update from Uscis, and another 60-90 day wait. Will try to contact local congressman for help.