Failure to issue the green card.

B

braincat

Registered Users (C)
Folks,

trying to see if this situation could be solved through mandamus action.

In August 2005, USCIS (US citizenship and immigration) has approved my
application
for a permanent residency (green card). Since then, I've been trying
to make USCIS
issue the actual plastic green card with no success. The steps I've
taken:
* visited USCIS office six times since the interview. During each
visit, the officer
failed to explain what happened to the green card, and mentioned that
there was no
request to issue the green card pending. Each time the officer
promised to
locate the file and to get things moving.
* contacted local congressman's office, with no positive results
* wrote to USCIS ombudsperson, received a letter that my inquiry
has been forwarded to the local USCIS office. I never heard anything
back from them.
Besides this being an indication that there might be some serious
problem with my file, the whole thing is plain annoying: I have
problems entering the country in the airports (in spite of my having
a green card passport stamp, I have to stay for questioning),
I have to visit USCIS to get the passport stamp renewed, etc.


I believe I did everything possible at this point to get things
resolved.
Can I file against USCIS in a federal court in order to force USCIS
to do something?
Thanks, Brain.
 
You have been waiting for more tan 6 months for your green card. Also, the stamp on your passport should be valid for longer than 6 months, and so you would be able to travel several times before you need to stamp it again.

You can certainly file a lawsuit against the USCIS. They are insane to not issue your card yet.

Good luck,
 
icman said:
You have been waiting for more tan 6 months for your green card. Also, the stamp on your passport should be valid for longer than 6 months, and so you would be able to travel several times before you need to stamp it again.

You can certainly file a lawsuit against the USCIS. They are insane to not issue your card yet.

Good luck,
Click to expand...

Does USCIS have a legal duty towards the applicant to
issue the green card in a certain timeframe, after AOS has
been approved? Anybody with a legal background lurking
around here?
Thanks.
 
sjiwani said:
file form I90 goto uscis website and read the instruction and file the form i90 asap, goodluck.
Click to expand...

Thanks sjiwani. Already did... twice. Both times the form was filed
with Chicago USCIS, returned with a suggestion to file in a service
center. Filed in a service center, the form got returned with a suggestion
to contact Chicago USCIS.

Judging from the instructions on the form, I can see that the form assumes
that the process to issue the green card has already started after AOS
was approved, and that the green card was not issued for some reason.
I don't think the service center even knows about my existence.
I have recently applied for the Illinois FOID (firearms owner ID card),
and the state police sent me a reply saying that my name was not
in the USCIS main database of permanent residents.

I came to a conclusion that my file sits in Chicago USCIS, and they
have not done the necessary steps needed for the card issue...
 
And what your DO told you when you show that you have a stamp in your passport? that nobody put the request for your card?

When you got approved the officer did not tell you anything else? or that s/he was waiting for something?

Good luck,
 
cherr1980 said:
And what your DO told you when you show that you have a stamp in your passport? that nobody put the request for your card?

When you got approved the officer did not tell you anything else? or that s/he was waiting for something?

Good luck,
Click to expand...

Thanks for the reply. The officer said "congratulations, and you should
be receiving your green card in the mail soon". She also gave me
an approval letter.

During each of my 6 USCIS visits, I was told "our records do not show that
there is a request to issue a green card pending. I don't know what
went wrong. I'll contact the officer who conducted the interview".
I demanded to talk to a supervisor during one of my visits; the answer
was "Would you like me to call security to escort you out? "
I declined the suggestion :-)
 
I dont know what else to tell u i'm in the same situation as u my DO is chicago too and had my interview back in february 06 and will file I90 this week with the national benefit center which is MSC i would suggest u do the same with evidence of the passport stamp, interview letter copy and approval letter copy u rec'd at the interview, goodluck and keep in touch keep us posted of any progress.
 
cherr1980 said:
yeah I bet.
ouff I really do not know what other advice to tell you...sorry.
Click to expand...


Thanks folks.
sjiwani, I'll do the same one more time, and I am really thinking
of filing in the northern district court at this point.
Will keep posted.
 
Got it!

I am happy to say that a complaint to USCIS ombudsperson (there is
a link with instructions on USCIS website) had an almost immediate
effect: I received a welcome letter, and the green card followed
two days later. Good luck everyone!
 
hey braincat congrats on getting your GC and do u mind sharing that link with other people so we could do the same plz thanks.
 
Congrats Braincat..
I have a weird situation where my I-140 and 485 have been sitting in the Philadelphia District office for the past 2 yrs. My visa dates are current since March 1st but no decision has been made yet and our GC is still pending.
My question is: Does ombudsmen work for cases in local district offices also or just Service centers. Do you know whether you received your GC for Chicago DO or your Service Center.
 
Fromhyd said:
Congrats Braincat..
I have a weird situation where my I-140 and 485 have been sitting in the Philadelphia District office for the past 2 yrs. My visa dates are current since March 1st but no decision has been made yet and our GC is still pending.
My question is: Does ombudsmen work for cases in local district offices also or just Service centers. Do you know whether you received your GC for Chicago DO or your Service Center.
Click to expand...

My guess it works for cases everywhere. In my case, the file was stuck
in the local office after an AOS interview, and the ombudsperson
helped to get things moving (GC's are issued by a service center).
 
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Cases separated, waiting for biometrics appmt.

Hey, guys! Do you know what to do in the situation like this? my husband and I applied for I485 together (he is a primary applicant) in august 2003, our cases were approved in March 20, 2006. My husband received his biometrics appmt. notice 2 weeks later and a week after that he received his green card by mail. And I still wait for my appmt. Every time I call USCIS they tell me that my file is on some superviser's desk and they send files (somewhere) once a week and mine hasn't been sent yet and I have to wait. I know it hasn't been 90 days since approval notice, but my work authotization expires in less than a month (along with my drivers license) - june 8, and after that I don't have anything to show my employer that I am legally eligible to work in USA. 90 days will be in june 20. So, the bottom line - I need biometrics appointment ASAP. Is there anything I can do before june 20? I want to avoid pasport stamping and going to DMV to get license for another year. And isn't it a violation of USCIS regulations that our cases were separated? I appreciate if someone answers. Thanks!

P.S. I actually thought that maybe I can use Ombudsman. If yes, than how long do I have to wait ? Thanks!
 
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