No movement on i131 for over 10 months

[lplplpx3 13]

Ive been applying for an i131 permission to travel since January of this  year. I received the text and email saying everything was received and never heard anything back. 
 

i checked my online account to see if any info was there, it wasn’t, so called and was told that because it’s filed under I and not M (or something) that it wouldn’t show up on my account and there was no way for me to track it.

 

I have not heard or received anything since so filed again to the same office in March. This time I didn’t receive any confirmation even though I submitted the form to do so.

 

October still nothing so filed again at a different office to see if that would make a difference, once again no confirmation. I’m at my wits end. Does anyone know what’s going on and why this is happening?

 

I’m trying to travel for the holidays but at this rate I won’t be able to.

 

i had this problem once before in 2021 so filed 2 and ended up with 2 documents a few months outside of each other but now both are expired.

 

Any help or explanations would be much appreciated. I’m awaiting my i485 which has been processing since 2016 but that’s a whole other story (and yes followed up several times) but still nothing so in the meantime I need that i131 so I can visit my mother overseas.

 

Thanks.

[OldUser 6,636]

19 minutes ago, lplplpx3 said:

I’m awaiting my i485 which has been processing since 2016 but that’s a whole other story (and yes followed up several times) but still nothing so in the meantime I need that i131 so I can visit my mother overseas.

This explains the delay. Nowadays, I-131 takes close to a year or year and a half. By that time people's GC get approved.

 

What's the story with I-485? I'd focus on that instead.

[lplplpx3 13]

What do you suggest on the i485? I’ve sent follow ups, called, made inquiries and all I get is:

 

The status of this service request is:
Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner. 
 

Thank goodness my EAD processes fine though. And that is not the time indicated on the website for the i131 (or are those estimates not realistic?), I think I read up to 3 months.

[OldUser 6,636]

17 minutes ago, lplplpx3 said:

What do you suggest on the i485? I’ve sent follow ups, called, made inquiries and all I get is:

 

The status of this service request is:
Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner. 
 

Thank goodness my EAD processes fine though. And that is not the time indicated on the website for the i131 (or are those estimates not realistic?), I think I read up to 3 months.

Why don't you sue USCIS for decision? Is this a marriage case? Is case still alive?

[lplplpx3 13]

Yes on second two counts and suing sounds extreme but I may look into it. Thanks.

[appleblossom 2,483]

9 hours ago, lplplpx3 said:

Yes on second two counts and suing sounds extreme but I may look into it. Thanks.

 

If it's been 7 years then it's not extreme at all. File a WOM to force a decision. 

 

And re: I-131, not sure where you're reading 3 months? Here are the processing times. https://egov.uscis.gov/processing-times/

[OldUser 6,636]

11 hours ago, lplplpx3 said:

Yes on second two counts and suing sounds extreme but I may look into it. Thanks.

7 years of AOS is extreme.

Are you sure you can still adjust?

It looks like USCIS might be just waiting for you to give up.

[SalishSea 17,821]

20 hours ago, lplplpx3 said:

Yes on second two counts and suing sounds extreme but I may look into it. Thanks.

There is no way a 2016 case should still be pending.  There must be something up with that.

[OldUser 6,636]

31 minutes ago, SalishSea said:

There is no way a 2016 case should still be pending.  There must be something up with that.

I guess OP might be / have been in removal and now the I-485 is pending at the wrong place and cannot be approved. E.g. it should be with USCIS but it's pending at immigration court or vice versa.

[SalishSea 17,821]

22 hours ago, lplplpx3 said:

October still nothing so filed again at a different office to see if that would make a difference, once again no confirmation. I’m at my wits end. Does anyone know what’s going on and why this is happening?

Not sure what you mean.....You don't "file" those forms at specific offices.  They are to be sent to lockboxes and then they get dispatched to service centers or NBC.

Just now, OldUser said:

I guess OP might be / have been in removal and now the I-485 is pending at the wrong place and cannot be approved. E.g. it should be with USCIS but it's pending at immigration court or vice versa.

Makes sense if he is randomly "filing" forms at different offices.

[OldUser 6,636]

54 minutes ago, SalishSea said:

Not sure what you mean.....You don't "file" those forms at specific offices.  They are to be sent to lockboxes and then they get dispatched to service centers or NBC.

 

What you're mentioning is a regular adjudication process when USCIS has jurisdiction over the case.

 

However, the more "advanced stuff" involves immigration courts.

 

An immigration judge sometimes can grant LPR status, for example if OP was in removal and court had jurisdiction.

 

However, sometimes judge only terminates proceedings and doesn't grant the status. In that case the I-485 should be transferred / refiled to USCIS. 

 

I'm not a lawyer, so please pardon my vague explanation. What I'm saying, sometimes USCIS has jurisdiction over the case, and sometimes it's the court. If somebody's case is pending at the wrong place, they usually won't touch it and person is stuck in limbo.

 

See more here: https://www.uscis.gov/laws-and-policy/other-resources/immigration-benefits-in-eoir-removal-proceedings

 

Maybe somebody more experienced can explain.

[lplplpx3 13]

Thanks so much for everyone's help. The original question was around my i131 which I now have clarity on, which is the beauty of forums like these. All the feedback in such a short period of time is much appreciated.

Edited November 16, 2023 by lplplpx3

[SalishSea 17,821]

47 minutes ago, OldUser said:

What you're mentioning is a regular adjudication process when USCIS has jurisdiction over the case.

 

However, the more "advanced stuff" involves immigration courts.

 

An immigration judge sometimes can grant LPR status, for example if OP was in removal and court had jurisdiction.

 

However, sometimes judge only terminates proceedings and doesn't grant the status. In that case the I-485 should be transferred / refiled to USCIS. 

 

I'm not a lawyer, so please pardon my vague explanation. What I'm saying, sometimes USCIS has jurisdiction over the case, and sometimes it's the court. If somebody's case is pending at the wrong place, they usually won't touch it and person is stuck in limbo.

 

See more here: https://www.uscis.gov/laws-and-policy/other-resources/immigration-benefits-in-eoir-removal-proceedings

 

Maybe somebody more experienced can explain.

I’m pretty sure though that regardless of which office or court has jurisdiction, you don’t just file a new form with a different office because it’s taking too long, which is evidently what OP did with his I-131.   Having multiples of the same form out in USCIS- land is not helpful, and could delay things even more.

[OldUser 6,636]

1 hour ago, SalishSea said:

I’m pretty sure though that regardless of which office or court has jurisdiction, you don’t just file a new form with a different office because it’s taking too long, which is evidently what OP did with his I-131.   Having multiples of the same form out in USCIS- land is not helpful, and could delay things even more.

This is a sort of thing I'm talking about:

 

"To cut long story short. I over stayed my visa some years ago. I ended up with removal proceedings in immigration court. The case was administratively closed by a judge. Fast forward I applied for i485 with i765. My i765 got approved i have ssn. I later got this mail that said USCIS have no jurisdiction over my i485 I have to go to court to terminate my removal proceedings case with a judge and only the judge can approve my i485 at this point.

My question now is my EAD still valid since there is no letter saying any benefits were stopped. "

 

From:

 

I will stop here since we're deviating from the original question.