My husband's case is pending in Chicago. It is been 16 months after filing and 7 months after the interview (more than 120 days). Does it make sense to file 1447(b) if we know for a fact that his name check isn't completed? What decision can USCIS make if the decision isn't really theirs?
What complicates his story is the fact that his GC application took over 9 years and was also stuck in name check. The only reason it was approved was due to a temporary waiver in place in late 2008 when the cases with pending name checks were being approved if everything else was ok. So I assume his name check was never really completed even in the GC stage.
Our lawyer says that given his history 1447(b) isn't really an option. His case may get denied if we force USCIS to make a decision on a case that is out of their control.
What do you think? Are there any options related to the FBI?
What complicates his story is the fact that his GC application took over 9 years and was also stuck in name check. The only reason it was approved was due to a temporary waiver in place in late 2008 when the cases with pending name checks were being approved if everything else was ok. So I assume his name check was never really completed even in the GC stage.
Our lawyer says that given his history 1447(b) isn't really an option. His case may get denied if we force USCIS to make a decision on a case that is out of their control.
What do you think? Are there any options related to the FBI?