hbb said:
Hello, HIddendragon38:
I wonder which DO did you write to? I'm in the washington DC area. My case was even older than yours, 130/485 filed in June 2004! Seems I haven't done enough to call the attention from my DO...
Congrats! and thank you very much for sharing.
hbb
HBB, (and others who've been waiting multiple years) you really have only one option - Theaten/File the Mandamus complaint. If the case is sitting dormant for so long, it isn't going to move on its own.
Considering its about $400 to file in federal court, the decision to threaten or file may depend on how close you are to renewing your EAD/AP. If you're within 4-5 months of your EAD expiry date, just go ahead and file the complaint as the cost of the new EAD/AP will be be about the same as the filing fee. I waited too long so I wasted a set of EAD/AP filing fees (the AP was approved the day before my Green Card and EAD is still pending - I don't need them anymore, but my wallet is lighter by $350 and the cost of two photographs)
InfoPass will get you nowhere. The agents there have no additional information and its not like they can send a message to anyone and move things along. You'll get the usual answers: we don't respond to letters anymore; this could take many years; you have to be patient; there is nothing we can do about this delay etc.
Do go in at least once soon before you file and let the agents give you their stock answers so you can list them out on the Mandamus complaint. You can get as ridiculous as you want with these officers -
Q: How long will it take? I've already been waiting 3 years?
A: It can take even longer
Q: You mean it could take 5 years. That doesn't sound like a reasonable time. Will it be approved in 5 years
A: It could be or it could take longer. There is no specific time for approval.
Q: You mean it could even take 10 years, can it take decades to get this processed?
A: Yes it could take that long or even longer. Like I said before, there is no specific processing time for this application.
Thank them and leave - and put in your complaint that when you asked whether the applicaiton would be processed within a decade, you were told that it could take even longer. (Be truthful - don't make things up, but it isn't difficult to get the agents to say "it could take even longer")
You can send out letters to your Senator/Congressperson/FBI for FOIA etc if that makes you feel better, but in reality you need none of that information to file the complaint. There is a document in these forums that was released by the FBI that indicates that asking senators etc will not speed up your case. Only the originating agency (USCIS) can speed it up and based on your InfoPass appointment, you will be told that USCIS can do nothing to speed up the case.
Stick that document with your mandamus complaint and that should establish that you have exhaused all your administrative remedies because in effect there _are_ NO administrative remedies.
I filed for I-130/I-485 in Nov 2003 - Gave up on waiting and indicated my intention to file a Mandamus complaint in Nov-end 2006. I was approved in Jan 2007. (I received a phone call telling me that I was approved - so this was probably the threat of Mandamus that got this case moving)
Here is what I did:
1. Cut/Paste a Mandamus Complaint (about 12 pages) from the various docs available in these forums. You will have to download a Pro Se package from your Federal District Court's website and see how they want things formatted
2. Wrote a cover letter to the District Director with my case details. Sent a "draft' copy of the Mandamus Complaint with the letter. (I wanted to let them know that I wasn't kidding and that the 'hard work' of getting the complaint ready was already done)
3. Copied the entire packet with a new "FYI - here's what I sent to USCIS - if this isn't resolved soon, you'll be receiving summons on behalf of the Attorney General" cover letter to the US Attorney
The USCIS cover letter was simple. My Information and a simple sentence at the bottom indicating that a draft copy of the complaint was attached and that I was willing to delay the filing by 45 days to give USCIS time to get the application approved.
Within 60 days I had a phone call to go in and get my fingerprints re-done. 3 days after that my green card was approved.
While this route worked out for me, you may want to get the 'clock ticking' by filing the complaint in Federal Court. Once you file and serve the summons, USCIS has very few options.
If I had to do this again, I'd file in Federal Court and forego the letter - especially as you receive no communication from anyone on whether they're actually working on your case or they signed the registered letter receipt notice and then tossed your letter in the trash. But, that is a $400 decision and you can decide on what its worth. I'd give them 90 days to process your case (even if you state 30 days in your letter) if you're going to go the 'letter first' route
Good Luck. Like I said before - if you application hasn't moved in 2 years, you're goiing to have to do something to move it. Apply your next EAD/AP fees towards getting the green card - File the Mandamus Complaint.
