N-400 still processing after more than 2 years

[xKun 2]

Hi all, I filed for N-400 in Aug 2022 and it is still pending after more than 2 years! I have tried to call my local congressman and contacted USCIS multiple times to no avail. My wife filed her N-400 at the same time and her case was approved by Nov 2022.

Currently, my green card is about to expire in April 2025. Should I file I-90 to extend my legal status? Because my N-400 filing was before Dec 2022 so the 36-month automatic extension rule does not apply to my case. I will also get ADIT 60 days before my green card expires but will that be enough to maintain my legal status to work and stay in the country?

And is there any way I can do in this situation to speed up the process? I have contacted USCIS multiple times and their latest reply is a standard reply stating their workload is overwhelming and my case is delayed and they need another 6 month!

I have also contacted an immigration lawyer, who said there is not much he can do. The last resort would be to file a Writ of Mandamus, which is troublesome and costly.

Any suggestions are appreciated! Thanks!

 

[OldUser 6,590]

I think you know all of your options.

I'd file I-90 to have proof of status.

You can continue working and remain in the US when GC expires,  but it's best to have proof of status.

Edited November 8 by OldUser

[xKun 2]

Thanks, OldUser. It is okay to file both I-90 and N-400 with USCIS, right? The immigration lawyer I consulted stated that he is not sure if I could have both filings since he mentioned that I would essentially be filing two immigration status (Green card and citizenship) with USCIS. 

[OldUser 6,590]

11 minutes ago, xKun said:

Thanks, OldUser. It is okay to file both I-90 and N-400 with USCIS, right? The immigration lawyer I consulted stated that he is not sure if I could have both filings since he mentioned that I would essentially be filing two immigration status (Green card and citizenship) with USCIS. 

If you have this lawyer as your lawyer, consider firing him.

 

If you thought about hiring this lawyer, please avoid at all costs.

 

There is no problem with filing for I-90 with N-400 pending.

 

You're LPR, you're not applying to get a new status. You already have the status, just renewing the card.

[xKun 2]

Thanks! This lawyer is the free legal service from my work -- which I have also found to be extremely unreliable. I will proceed to file an I-90 now just to have a proof of status as you mentioned. 

 

I am new to the forum. Have you seen any other cases with N-400 processing time over 2.5 years? I wonder what could have gone wrong here. Will it be stuck in this status forever? Once my I-90 is approved, and if N-400 is still processing, does it make sense for me to withdraw this and submit another N-400?

[OldUser 6,590]

5 minutes ago, xKun said:

Thanks! This lawyer is the free legal service from my work -- which I have also found to be extremely unreliable. I will proceed to file an I-90 now just to have a proof of status as you mentioned. 

 

I am new to the forum. Have you seen any other cases with N-400 processing time over 2.5 years? I wonder what could have gone wrong here. Will it be stuck in this status forever? Once my I-90 is approved, and if N-400 is still processing, does it make sense for me to withdraw this and submit another N-400?

Are you applying based on marriage or under general provision? 

Do you have I-751 pending?

Do you have any criminal history? 

[xKun 2]

1 minute ago, OldUser said:

Are you applying based on marriage or under general provision? 

Do you have I-751 pending?

Do you have any criminal history? 

I applied under general provision in Aug 2022. My wife too and she got her passport by Nov 2022. I have no criminal history nor I-751 pending. I work in a University with research activities related to semiconductor/artificial intelligence -- the only potential red flag that I could have thought about. 

[Dashinka 24,467]

Here is a similar case, but here the applicant had an interview.  Do you have a very common name that could delay background checks (note I am not asking you to actually give me your name)?

 

Good Luck!

 

 

[xKun 2]

Thanks, Dashinka! This is very helpful. My name is rather uncommon so I don't think that is an issue here. It looks like only court is an effective method in these situations. I will look more into this and consider doing it Pro Se.

[OldUser 6,590]

13 minutes ago, xKun said:

Thanks, Dashinka! This is very helpful. My name is rather uncommon so I don't think that is an issue here. It looks like only court is an effective method in these situations. I will look more into this and consider doing it Pro Se.

Are you from the Middle East originally by any chance ?

 

If yes, add this and the delay is not surprising, sadly:

26 minutes ago, xKun said:

I I work in a University with research activities related to semiconductor/artificial intelligence -- the only potential red flag that I could have thought about. 

I'd say WoM is the way to go

[xKun 2]

22 minutes ago, OldUser said:

Are you from the Middle East originally by any chance ?

 

If yes, add this and the delay is not surprising, sadly:

I'd say WoM is the way to go

I am from China so I guess it is not much better in today's political environment. I see a few people mentioning de novo review being a better approach than WoM for N-400 delays. Is this sth you can file by yourself or it has to be done by an attorney?

[OldUser 6,590]

Just now, xKun said:

I am from China so I guess it is not much better in today's political environment. I see a few people mentioning de novo review being a better approach than WoM for N-400 delays. Is this sth you can file by yourself or it has to be done by an attorney?

If you want higher chance of success, you can find lawyers specializing in WoM. Not going to name anybody here, but you can easily find them online, some have large online presence and suing USCIS is their bread and butter.

 

You can also do it yourself:

 

 

 

My personal opinion, this is not the easiest thing to pull off and USCIS would take lawyer more seriously. But nobody stops you from trying DIY.

[Dashinka 24,467]

I agree, the WoM may be the only option to get USCIS moving.  As in the attached threads, @igoyougoduke lays it out fairly well, so if you are confident in pulling together the information needed, you can do it yourself.  Otherwise, look for a lawyer.

 

Good Luck!

[Patrick Lee 8]

Hello, get an extension(I-551) on your passport or apply for I-94. This is your green card until you get ur citizenship. I waited for 2 years and 4 mths after writing several emails to USCIS and via my congress woman. All the feedbacks I got was the same messages of backlogs, overwhelmings, background check etc. I wrote them every 3 months and just this Sept, they reactivated my case and told me I have nothing more outstanding and that my case will be adjudicated in 7 mths (March 2025). It is really frustrating. Be patient and dont withdraw nor refile. Order of mandamus costs about $5000, you dont need to spend such. keep yourself busy with work and before u know it, its booooommmmmm! 

Good luck  buddy!

[OldUser 6,590]

1 hour ago, Patrick Lee said:

Hello, get an extension(I-551) on your passport or apply for I-94. This is your green card until you get ur citizenship.

 

I thought I-94 was for nonimmigrants entering the US?

Edited November 12 by OldUser