Green Card Pending for 3.5 Years - Plz help!!

[Hassan2007]

Good day all

I really appreciate the massive support and help that everyone contributes here... Thanks to Rajiv and Associates for such an excellent job.

Here is my case:
I cam to the U.S.A. as student in 1999. In 2003, I adjusted my status to I-485 and I got my first EAD when I first filed my case in Pittsburgh on Sep. 15 2003. I was then called for the interview on June 15 2004 - exactly 9 months - and the officer did not issue me anything. They told me to wait for 180 days till I receive any notice from them. I waited and nothing happened. Apparently my name was held because of FBI name check.

At the beginning of 2005, I moved to VA where I was called AGAIN for interview on April 15 2005. They told me AGAIN to wait for another 180 days because my name is still under FBI Name Check. I waited 180 days and did many inquiries about the case and they are all telling me the same thing: your case is pending because of your name check.

I have really spent lots of money to lawyers to lookup my case. I contacted senators to no luck at all.

The problem is that - at some certain time - I don't even care about the Green Card because I have family and expenses and during the last 3.5 years I have applied for EAD renewals and they always come very late - like at least 3 months - or don't come at all.

I live in Norther VA, and the local USCIS office saying that they are not issuing any more Interim EAD and my EAD never came. I have applied for my last EAD on Nov. 7th 2006 and got nothing till now. I know it should take 90 days at least but my drivers license will expire and I will be fired and lose my driving privileges.

My concerns are:
What should I do about my green card case?
What should I do about my EAD? If it does not come on time, is it true that the local USCIS in Norhtern VA - D.C. District Office - will not issue any temporary work permits.
How can I get a renewal for my drivers license?

Your inputs are highly appreciated.

Thank you so much in advance.

 

[Maryana Avagyan]

You should take another infopass and and not leave the building until they give you a reasonable explanation and take some actions, if it still doesn't help then you should write a letter to immigration requiring action, if still nothing you can sue immigration for not taking any action on your case for 3.5 years, you can do that because they passed all deadlines. I'm surprised your lawyers didn't suggest you filing a complaint.

 

[jimothy]

Regarding the EAD USCIS is still bound by their own regulations which state that they must adjudicate the EAD within 90 days. If the EAD doesn't arrive after 90 days make an InfoPass and do not leave until they call the service center and give you a definite answer on when you will get it. They have specific instructions and phone numbers to do this and are supposed to be able to get you an answer within 30 minutes.

Regarding the GC I feel your pain. As Maryana stated you can file a Writ of Mandamus against USCIS to force them to expedite your name check. Unfortunately, whilst this has previously been relatively simple USCIS is now making it increasingly difficult for you to use this path. This will mean that the case will likely have to go before federal court where it can be something of a crapshoot getting a judge to agree that the process has been overlong. I have heard of a couple of cases here recently where the judge ordered that the case should be expedited but only AFTER the name check is completed which gets you absolutely nowhere.

 

[Hassan2007]

Thank you both Maryana and jimothy for your quick reply.

Well, the thing is I am from a certain country where mostly people just get in trouble when they file their immigration papers. What makes it worse is that I have a last name that's similar to those bad guys related to the unfortunate 9/11 event. I have been in the states for 8 years which means at least 1/3 of my life is spent here in the U.S.

I think they are doing the LONGEST name check process on my name and I don't know what certainly is the right choice to do. I am afraid - because of the same last name - that they may make my case worse and I end up losing it.

As for my work permit, I will definitely lose my job as well as my drivers license here in VA. They issued me the last one for only 6 months because of my Interim EAD which I got before the new NO INTERIM policy in all local USCIS offices.

Anyone with similar case to mine, please share your thoughts and tell me what exactly happened to you.


jimothy, since you mentioned filing Writ of Mandamus, any special advice for this matter. Lawyers are just thieves. I have spent lots of money on this case.

Maryana, writing to the immigration, did you mean to the local USCIS office or to where the application is processed.

Thank you all again for your help. I really appreciate it very much

 

[Al Southner]

Write and complain...

Hassan07,

Sorry to hear about your frustration. Please write a letter to Senators in VA, Jim Webb and John Warner, and ask for their intervention on your case. It is a very long greencard application I've ever heard about..

As such, you want to ensure you involve your representatives in Congress. Moreover, write to the Director of District Office in VA, and complain and show causes of frustration. It has to be a detailed letter which capture the history of your case, from the first interview before you moved to VA, and since you have been in VA. I will also document the case of your EAD, you never got it...

Man...write to the Director of DO in VA weekly, and get them to work on your case. Also, make an info pass and complain on how your case is being handled. Also, call the 1800 number on USCIS website, speak to a customer representative, explain to them your case is beyond their processing dates and your name check is supposed to have been done long time ago.