I485 "Closed" in 2005, EAD Denied now; Urgent advice needed

skwk

Registered Users (C)
Good souls I really need help,

My employment based I485 was filed in Dec 2001, yes eight years ago. In 2006 we learned that my case was "administratively closed" through USCIS ombudsman office. At that time, I went to the Baltimore office who had the case, they said don;t worry we are still "actively pursuing" the case. I continued to get approvals on advanced parole and EAD cards for myself and my wife (derivative case) until this week. We and our congressional reps made several inquiries over the past couple of years on our case status. We got letters from Baltimore office stating that they are actively processing our case. It is stuck in security check. I even travelled twice on AP over the past 3 years and re-entered without any problems. The case status on the web still states that both of our cases are in process.

Yesterday, I again visited the Baltimore field office and was told that your case is closed. First the lady could not even look it up. Later she found it and said that it is in "storage". Further, she said that since my case is not in the pending state, they are not waiting anything, they can't even access it., the file is not here. They were unable to see the reason for closure. Apparently, there is none. In other words, security check this is no reason for delay.

I contaced the Senator's office immediately and they confirmed that my case is closed and is now moved to "USCIS headquarters in Washington DC".

What does this mean?

My current EAD will expire in mid Apr. I don't have money to get a lawyer to file for mandamus case.

Please advise. What can I do? The case is neither approved nor rejected. The irony is the web site still states that it is pending; not to mention continued approvals of my several EADs and APs in the past 3 years.

Please help!!!!

Thanks in advance...
 
yes eight years ago........I don't have money to get a lawyer to file for mandamus case.
...

Is it worth it to have your case approved or EAD granted if you work in US for more than eight years and still do not even have money to pay for lawyer?
 
Good souls I really need help,

My employment based I485 was filed in Dec 2001, yes eight years ago. In 2006 we learned that my case was "administratively closed" through USCIS ombudsman office. At that time, I went to the Baltimore office who had the case, they said don;t worry we are still "actively pursuing" the case. I continued to get approvals on advanced parole and EAD cards for myself and my wife (derivative case) until this week. We and our congressional reps made several inquiries over the past couple of years on our case status. We got letters from Baltimore office stating that they are actively processing our case. It is stuck in security check. I even travelled twice on AP over the past 3 years and re-entered without any problems. The case status on the web still states that both of our cases are in process.

Yesterday, I again visited the Baltimore field office and was told that your case is closed. First the lady could not even look it up. Later she found it and said that it is in "storage". Further, she said that since my case is not in the pending state, they are not waiting anything, they can't even access it., the file is not here. They were unable to see the reason for closure. Apparently, there is none. In other words, security check this is no reason for delay.

I contaced the Senator's office immediately and they confirmed that my case is closed and is now moved to "USCIS headquarters in Washington DC".

What does this mean?

My current EAD will expire in mid Apr. I don't have money to get a lawyer to file for mandamus case.

Please advise. What can I do? The case is neither approved nor rejected. The irony is the web site still states that it is pending; not to mention continued approvals of my several EADs and APs in the past 3 years.

Please help!!!!

Thanks in advance...
Take the infopass and go to Baltimore Local USCIS office. The Black lady at window doesn’t know anything and some time she gives wrong info. You must ask for supervisor and talk to supervisor.
Also contact your senator office with all the details and copy of all the receipts and letters from USCIS.
 
Is it worth it to have your case approved or EAD granted if you work in US for more than eight years and still do not even have money to pay for lawyer?
Good point. Why bother to stay in the US if you make so little money. Unless your original country is really that terrible.
 
My current EAD will expire in mid Apr. I don't have money to get a lawyer to file for mandamus case.
It takes some effort and research, but you can successfully file WOM on your own. Look through the forum for people who have done it. WOM is probably the only thing that will get your case approved, otherwise your file will sit in a closet somewhere going rotten for the next 10 or 20 years.
 
Take the infopass and go to Baltimore Local USCIS office. The Black lady at window doesn’t know anything and some time she gives wrong info. You must ask for supervisor and talk to supervisor.
Also contact your senator office with all the details and copy of all the receipts and letters from USCIS.

Also check if you can File FOIA. You will get to see the details
 
strange status?

I had FOIA filed in 2004; it was all clear.

Thanks for all you replied.

Does anyone know what would be my status; I485 on the web says pending; internal USCIS record on I485 is closed; no notification from USCIS about it. Does this means that I can stay in this country forever but get work authorization or travel?

It sounds very strange and seems like a glitch in this whole immigration system...
 
Does anyone know what would be my status; I485 on the web says pending; internal USCIS record on I485 is closed; no notification from USCIS about it. Does this means that I can stay in this country forever but get work authorization or travel?

Don't ask us - keep bugging your Senator's office to track this down. My guess is that you are out of status since the I-485 is no longer pending.
 
My guess is that I would be out of status only if USCIS notifies me as such. Ii have about 5 letters from them in 2008 alone stating that they are actively processing my case. My web status is still pending. "Close" is like something internal to USCIS since 2005.
 
I did some research on the web and it seems that mandamus might be a viable choice. I am ready to apply, I have the following questions:
1. Where can I file the case? I am in Maryland.
Baltimore federal distict court; or can I do any of the county district courts also?
2. Who should be the defendants?
a. Baltimore office Director: Can someone tell me how it is?
b. USCIS acting director: I could not find his address.

Please help,

Thanks...
 
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