18 months after AOS interview, still pending

[Pdenisse 0]

My husband and I filed for my AOS from DACA to Permanent Resident February 2016. I am a Mexican citizen but have lived in the US since I was 8. We had our interview April 28 2016 in which we were told that we would receive an answer in 3 weeks. It's been 18 months and we have not received any communications from USCIS other than responses to our Status Requests in which they claim there is still a pending FBI background check. Assuming it's the name check. I do not have a common name and we even contacted my husbands FBI contacts who told us the request has to come from uscis directly. Uscis just says we have to wait. We have called USCIS at least 5 times, done at least 5 info passes and even contacted our ombudsman 2 months ago and still no response. I have advanced parole but I'm afraid to use it and frankly p-off that others are getting approved left and right and we are still sitting here with no news.  

[Hypnos 6,578]

If you've already contacted your congressional representatives and the CIS Ombudsman then there is no one left to contact. 

 

The only other avenue available to you is to file a writ of mandamus against USCIS in federal court seeking to compel them to adjudicate your I-485.

 

Presumably you used your AP at least once in order to give you parolee status to file the I-485. That or you entered legally as a child. 

[Pdenisse 0]

8 minutes ago, Hypnos said:

If you've already contacted your congressional representatives and the CIS Ombudsman then there is no one left to contact. 

 

The only other avenue available to you is to file a writ of mandamus against USCIS in federal court seeking to compel them to adjudicate your I-485.

 

Presumably you used your AP at least once in order to give you parolee status to file the I-485. That or you entered legally as a child. 

I entered with a B2 tourist visa that expired when I turned 15.. I was illegal from 15-22 then I finally obtained my DACA in 2012. My adjustment of status is from DACA to married to a US citizen. 

-also to note: This is the second time my husband has applied for AOS for someone. She is a US citizen now and they divorced 4 years before we got married but the USCIS officer at our interview didn't seem to care much about that. All he said was that since he was new, his supervisor would have to review it and that we would hear in 3 weeks. Here we are 18 months later  

[Hypnos 6,578]

It's possible you're stuck on a name check, or it could be something else.

 

Unless you're willing to sue the government then all you can do at this point is wait.

Edited August 12, 2017 by Hypnos