I-751 taking over 25 months

[Mihaela & Jason 1]

I have applied on January 10th 2020 for an I-751. Today is 25 months since i have applied and no Interview yet. My case is stuck in Missouri at some lazy center who won't transfer my case to my home state which is Wisconsin.

Anyone else in that position? I have contacted my senator for a congressional inquiry, the White House via letters and complaints. No one can enforce these people to do their job! I don't get it what kind of work ethics do they have?

Me and my husband are looking to move to Florida and are stuck because of their crazy processing timelines. USCIS in Missouri: (removed)

Edited February 10, 2022 by Unlockable
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[Crazy Cat 41,851]

 This does not prevent you from moving to Florida.  By the way, We submitted my wife's I-751 in MARCH 2019.  about a year before you.......MSC......  Still waiting for interview....

 

The issue is not MSC.  The issue is your local office.

Edited February 10, 2022 by Crazy Cat

[Mike E 11,739]

1, Call USCIS and request a tier 2 officer to call you about your case.  
 

2. Then after the above fails, file a case with the DHS ombudsman. That will fail to.  
 

Docunebt everything about attempts 1 and 2.  
 

3. You can file a lawsuit with a dual complaint;

 

* writ of mandamus 

 

* failure of USCIS to perform as it requires as per the administrative procedures act (APA)

 

Lawsuits they just have mandamus sometimes get dismissed because the plaintiff has failed to exhaust APA.  

 

 

[Crazy Cat 41,851]

15 minutes ago, Mihaela & Jason said:

I have applied on January 10th 2020 for an I-751. Today is 25 months since i have applied and no Interview yet. My case is stuck in Missouri at some lazy center who won't transfer my case to my home state which is Wisconsin.

Anyone else in that position? I have contacted my senator for a congressional inquiry, the White House via letters and complaints. No one can enforce these people to do their job! I don't get it what kind of work ethics do they have?

Me and my husband are looking to move to Florida and are stuck because of their crazy processing timelines. USCIS in Missouri: MOVE YOUR A>>>ES!!!!!

Have you thought applying for citizenship?

[Rocio0010 5,579]

14 minutes ago, Mike E said:

You can file a lawsuit with a dual complaint;

 

* writ of mandamus 

Can OP file a lawsuit if they haven't had interview yet? 

I thought so too. I suggested that to another OP and I was told that no, they could not file one if they haven't had an interview. I'm confused.

[Dashinka 24,494]

19 minutes ago, Rocio0010 said:

Can OP file a lawsuit if they haven't had interview yet? 

I thought so too. I suggested that to another OP and I was told that no, they could not file one if they haven't had an interview. I'm confused.

I expect they can as the ROC does not always result in an interview.

[Unlockable 7,314]

*** One post edited to remove foul language.

 

VJ Moderation

[Mike E 11,739]

29 minutes ago, Rocio0010 said:

Can OP file a lawsuit if they haven't had interview yet?

yes. 

29 minutes ago, Rocio0010 said:

I thought so too. I suggested that to another OP and I was told that no, they could not file one if they haven't had an interview. I'm confused.

Well if they were true then the government would never have to grant interviews and thus could stall every case.  There actually laws that say the government cannot do that, hence my suggestion to include the APA complaint in the lawsuit.  It is astonishing how much legal power some people ascribe to a USCIS clerks.   
 

Examples of cases where there was no interview where the plaintiff prevailed with successful mandamus writs (copy pasted from a lawyer who posted this on another website):

“Hamandi v. Chertoff, 550 F.Supp.2d 46 (D.D.C. 2008) (16 month delay unreasonable)  

Sawan v. Chertoff, 589 F.Supp.2d 817, 828–32 (S.D. Tex. 2008) (2 year delay unreasonable)  

Litvin v. Chertoff, 586 F.Supp.2d 9 (D. Mass. 2008) (30 month delay unreasonable)”

 

The above  were N-400 cases where the government delayed interview. 
 

(Had the interview already happened in the above, a skilled attorney would not have bothered with mandamus and instead simply petitioned the court to take over jurisdiction for the citizenship decision. This option isn’t available for I-751 cases afaict.)

[Rocio0010 5,579]

3 minutes ago, Mike E said:

yes. 

Well if they were true then the government would never have to grant interviews and thus could stall every case.  There actually laws that say the government cannot do that, hence my suggestion to include the APA complaint in the lawsuit.  It is astonishing how much legal power some people ascribe to a USCIS clerks.   
 

Examples of cases where there was no interview where the plaintiff prevailed with successful mandamus writs (copy pasted from a lawyer who posted this on another website):

“Hamandi v. Chertoff, 550 F.Supp.2d 46 (D.D.C. 2008) (16 month delay unreasonable)  

Sawan v. Chertoff, 589 F.Supp.2d 817, 828–32 (S.D. Tex. 2008) (2 year delay unreasonable)  

Litvin v. Chertoff, 586 F.Supp.2d 9 (D. Mass. 2008) (30 month delay unreasonable)”

 

The above  were N-400 cases where the government delayed interview. 
 

(Had the interview already happened in the above, a skilled attorney would not have bothered with mandamus and instead simply petitioned the court to take over jurisdiction for the citizenship decision. This option isn’t available for I-751 cases afaict.)

Thank you so much for the clarification. I thought so too, but this person made me second guess myself.

[Mihaela & Jason 1]

2 hours ago, Crazy Cat said:

 This does not prevent you from moving to Florida.  By the way, We submitted my wife's I-751 in MARCH 2019.  about a year before you.......MSC......  Still waiting for interview....

 

The issue is not MSC.  The issue is your local office.

Ok, if the issue is my local office in Milwaukee Wisconsin: then why is my case still in Missouri at the NBC for 25 months?

[Crazy Cat 41,851]

5 minutes ago, Mihaela & Jason said:

Ok, if the issue is my local office in Milwaukee Wisconsin: then why is my case still in Missouri at the NBC for 25 months?

Waiting an interview slot to open at the local office.......

 

Edited February 10, 2022 by Crazy Cat

[Mihaela & Jason 1]

4 hours ago, Crazy Cat said:

 This does not prevent you from moving to Florida.  By the way, We submitted my wife's I-751 in MARCH 2019.  about a year before you.......MSC......  Still waiting for interview....

 

The issue is not MSC.  The issue is your local office.

By the way, i know someone who filed I-751 in November 2019 and had the green card mailed in July 2020. Of course, my friend's case started with an LIN, not an MSC!

I truly believe the problem is the National Benefits Center office. How come the Nebraska service center manage to finalize cases in 8 months during coronavirus and NBC cannot finalize anything within 25 months?

I wanna know what exactly are their priorities that they put ahead of me. I HAVE PAID THE $680 APPLICATION FEE, i have followed their crazy rules and filed exactly within 90 days before everything expires, i have done everything they said but they cannot do one small thing: TRANSFER THE (removed) CASE TO WISCONSIN!

Edited February 10, 2022 by Unlockable
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[Mihaela & Jason 1]

1 hour ago, Crazy Cat said:

Waiting an interview slot to open at the local office.......

 

Well then i will die and still not have an interview! I will get old waiting for the (removed) day! Unreasonable! 

Edited February 10, 2022 by Unlockable
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[Crazy Cat 41,851]

1 hour ago, Mihaela & Jason said:

Well then i will die and still not have an interview! I will get old waiting for the (removed) day! Unreasonable! 

Your status does not expire.....if you need evidence of your status, make an appointment at USCIS and get an ADIT stamp.  

Edited February 10, 2022 by Unlockable
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[Mihaela & Jason 1]

2 hours ago, Crazy Cat said:

Have you thought applying for citizenship?

I did not because now i am unsure of how many more years the citizenship application is going to take! plus i don't have the financial resources to spend on another application while the I-751 is in process forever!