the stressful "Decision cannot yet be made about your application"

[bing10 114]

12 minutes ago, fromthewater said:

Is it possible that your ex-spouse filed or provided USCIS/ICE any accusations against you?

I had seen 2 people who had that happened to them, and their case just went into limbo for years.

 

Or maybe they found something bad in background check?

I have also heard USCIS delayed someone's case only because the background check caught something from someone else that had the same names as the applicant...

 

I don't have an ex-spouse, first and only marriage, and nothing in my background that I know of. Everything else went smoothly during the rest of the immigration process so if there was some issue with my background, I would have thought they would have picked that up before now.

 

My lawyer also has no idea what is taking so long. I'm guessing I will end up having to sue them for a decision soon.

 

 

 

[Fahad86 113]

1 hour ago, bing10 said:

 

I don't have an ex-spouse, first and only marriage, and nothing in my background that I know of. Everything else went smoothly during the rest of the immigration process so if there was some issue with my background, I would have thought they would have picked that up before now.

 

My lawyer also has no idea what is taking so long. I'm guessing I will end up having to sue them for a decision soon.

 

 

 

Brother i am with you on suing since it has passed so much time since your interview. There is something called pre trial mandamus which is actually not suing but a threat of suing and most of the time that works in your favor without suing them. 

[fromthewater 11]

1 hour ago, bing10 said:

 

I don't have an ex-spouse, first and only marriage, and nothing in my background that I know of. Everything else went smoothly during the rest of the immigration process so if there was some issue with my background, I would have thought they would have picked that up before now.

 

My lawyer also has no idea what is taking so long. I'm guessing I will end up having to sue them for a decision soon.

 

 

 

Have you tried Ombudsman, Reps, and Senators?

I am sure you probably mentioned this somewhere but I don't remember.

[bing10 114]

13 minutes ago, Fahad86 said:

Brother i am with you on suing since it has passed so much time since your interview. There is something called pre trial mandamus which is actually not suing but a threat of suing and most of the time that works in your favor without suing them. 

 

Thanks for the tip on the 'pre-trial mandamus', I'll do some checking on that. My lawyer already threatened them with suing, but it didn't do anything.

 

2 minutes ago, fromthewater said:

Have you tried Ombudsman, Reps, and Senators?

I am sure you probably mentioned this somewhere but I don't remember.

 

Yes, tried all the above. Ombudsman wouldn't take the case as I'm technically still within time-limits (currently 26.5 months since filing for Brooklyn NY), and Representative and senator just got a stock standard cut & paste response from USCIS.

 

[Kaaris 7]

I have a question .when does the Statutory period begin ?  from the date of offense or from court disposition date ?

[Fahad86 113]

5 hours ago, Kaaris said:

I have a question .when does the Statutory period begin ?  from the date of offense or from court disposition date ?

statutory period starts from the date of probation ended or if you werent given probation it is the conviction date on the disposition. It is 3 years if married to a us citizen or generally 5 years from the date you file your citizenship. 

See if you qualify for petty offense  exception as well if your conviction is within the statutory period but i would wait until everything is out of statutory.

[Kaaris 7]

6 hours ago, Fahad86 said:

statutory period starts from the date of probation ended or if you werent given probation it is the conviction date on the disposition. It is 3 years if married to a us citizen or generally 5 years from the date you file your citizenship. 

See if you qualify for petty offense  exception as well if your conviction is within the statutory period but i would wait until everything is out of statutory.

my final sentencing was April 7th 2017 and 5 months probation. so when would I be able to apply for citizenship 5 years rule ? 

[Fahad86 113]

5 minutes ago, Kaaris said:

my final sentencing was April 7th 2017 and 5 months probation. so when would I be able to apply for citizenship 5 years rule ? 

first of all what you were charged with? if its personal dont wanna share it that is fine just let me know what you were charged statue of the law. 

 

You can apply october 2022 just to be on the safe side. considering its not an offense which is deportable. 

[Kaaris 7]

7 minutes ago, Fahad86 said:

first of all what you were charged with? if its personal dont wanna share it that is fine just let me know what you were charged statue of the law. 

 

You can apply october 2022 just to be on the safe side. considering its not an offense which is deportable. 

it was petty larceny for finding a wallet in a cart at Walmart. took the money and threw wallet. but it was before  getting my conditional green card. i removed condition with no problem as well. now trying to find out when will be best to apply for citizenship. my anniversary date is june 27 2017 

[Fahad86 113]

14 minutes ago, Kaaris said:

it was petty larceny for finding a wallet in a cart at Walmart. took the money and threw wallet. but it was before  getting my conditional green card. i removed condition with no problem as well. now trying to find out when will be best to apply for citizenship. my anniversary date is june 27 2017 

well that will fall under crime of moral turpitude. so you will have to count 5 years from the date your probation ended. you can apply under 3 years based on married to us citizen if you are. i wish you good luck. 

what was your conviction date? some people say statutory start from the date of Arrest not true it start from when your probation is ended.

Edited December 15, 2020 by Fahad86

[Kaaris 7]

4 minutes ago, Fahad86 said:

well that will fall under crime of moral turpitude. so you will have to count 5 years from the date your probation ended. you can apply under 3 years based on married to us citizen if you are. i wish you good luck. 

what was your conviction date? some people say statutory start from the date of Arrest not true it start from when your probation is ended.

my conviction is the date i pled guilty right ? April 7 2017.  i am no longer married to my sponsor, i used a waiver filing i-751.  you said I could apply in october 2022 ! can I do the 90 days early filing then. is it safe if i do so? 

[Fahad86 113]

2 minutes ago, Kaaris said:

my conviction is the date i pled guilty right ? April 7 2017.  i am no longer married to my sponsor, i used a waiver filing i-751.  you said I could apply in october 2022 ! can I do the 90 days early filing then. is it safe if i do so? 

yes you can file October 2022. NOT before 90 days. that rule does not apply here.

[Miamidade 6]

Hi all,  it’s more then 120 days have passed. No answers from immigration. I can’t reach any officer by the phone ( automatic system only). The lawyer told me that I have to wait....

[Fahad86 113]

12 hours ago, Miamidade said:

Hi all,  it’s more then 120 days have passed. No answers from immigration. I can’t reach any officer by the phone ( automatic system only). The lawyer told me that I have to wait....

I am seeing this alot. They say decision cannot be made and sit on the file for months. 

So are you just going to wait? what if there is another mishap in between with the law enforcement? I am not saying you will but what if there is still chance and it can happen to anyone. 

If still married to US citizen you will have to wait only 3 years from the date of nolo contendre. 

or you can always file a mandamus and federal judge will render his decision,not uscis. 

[Fahad86 113]

On 12/13/2020 at 6:06 PM, bing10 said:

 

Thanks for the tip on the 'pre-trial mandamus', I'll do some checking on that. My lawyer already threatened them with suing, but it didn't do anything.

 

 

Yes, tried all the above. Ombudsman wouldn't take the case as I'm technically still within time-limits (currently 26.5 months since filing for Brooklyn NY), and Representative and senator just got a stock standard cut & paste response from USCIS.

 

Any movement brother?