green card through marriage pending because of labor certification file .

J

jimmyfatiano

New Member
hello guys ,
I really need your help here . i filed for my green card through my wife and within 3 months my interview was done , and the interview went fine , me n my wife r married for 5 years ,i had a lawyer with me , but the officer did not give any decision because she did not have my old file of labor certification ,i had applied for labor certification in 2000 or 2001 and its pending on the final stage too,the ins officer said she will have to review the old labor file and then make a decision ...its been 8 months and i have not got any decision so far. i have taken info passes twice and all that it says is they have requested for additional documents from another office , me and my lawyer believe that the labor file has not yet been submitted to the ins officer because the last time i went to ins with my info pass, the officer told me its just been a week that they have requested for additional documents , thats when my lawyer said that the marriage based green card office has again shot an email to the office of labour certification requesting for the labour file . my question is that y does it take so long for them to just get a file .what do i do now to fasten this process pls help .
 
yes i did file for an i485 based on emplyment , well i dont know mu lawyer filed for me ,but in the interview the officer took my i94 and the work permit that i got from emplyment based ,as i had two work permits one from marriage based and one from employment based ,my lawyer asked the officer that y they didnt have my employment file and they said they dont know and that they will be getting the file and reviewit and withdraw it and approve the marriage based file if everything is fine ....but its been 8 months they still havent got the file yet ,just last momth they requested for the file again .thx for all ur replies .
 
If you didn't take the same A# from your employment-based I-485 and write it on your marriage-based I-485 application, or USCIS assigned you a different A# at the I-140 stage, your problem is probably the result of you having multiple A-files, and not the labor certification per se. They are going to look for your employment-based A-file before making the decision.

Unfortunately, once an application requires them to do some extra work like this, they like to just leave it to collect dust forever. You might end up having to file WOM to get your green card. Start making inquiries with your Congressperson or Senator, and with the USCIS Ombudsman. They might not actually do anything about it, but you have to show that you've made attempts to solve it via routes like that before filing WOM.
 
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Jackolantern has probably hit that nail right on the head.

One thing I noticed is that you mentioned the old filing from a labor cert in 2000-01.

Were you in a lawful status when you filed for AOS or did you need to file under 245(i)?

IF under 245(i), they have to decide if the original case was "approvable" when filed and not frivolous.

Ogundipe v. Mukasey, 541 F.3d (4th Cir. 2008) held, in pertinent part:

(1) “…a visa petition is meritorious in fact for purposes of grandfathering under 8 C.F.R. § 1245.10 if, based on the circumstances that existed at the time the petition was filed, the beneficiary of the petition qualified for the requested classification.” 

(2) “An alien seeking to adjust his status may prove that a previously denied visa application was meritorious in fact by making an appropriate factual showing in removal proceedings, subject to any applicable evidentiary and procedural rules.”

(3) “We find nothing in the applicable statutes or regulations that prevents an IJ in removal proceedings from considering other evidence that a petition was approvable when filed, even if that evidence was never submitted in conjunction with the original petition.” [As noted by dissent on review of the majority opinion, but this would be qualified by the last phrase of (2) above.]
 
No I was not under legal status when I filed for my labor in 2000 or 2001 ,my I 140 is approved .....my lawyer says that he thinks that they are very very slow in matters when some additional reviews like this has to be done ,he told me about WOM , and he said for doing WOM you have to have a strong case , and he thinks mine is strong because I have been married for 5 years and a baby on the way , he has quoted me 3500 dollars for WOM ......but that's a lot of money and I was wondering if there is any other way to get things quicker .thx for all the support
 
jimmyfatiano said:
No I was not under legal status when I filed for my labor in 2000 or 2001 ,my I 140 is approved .....my lawyer says that he thinks that they are very very slow in matters when some additional reviews like this has to be done ,he told me about WOM , and he said for doing WOM you have to have a strong case , and he thinks mine is strong because I have been married for 5 years and a baby on the way , he has quoted me 3500 dollars for WOM ......but that's a lot of money and I was wondering if there is any other way to get things quicker .thx for all the support
Click to expand...

You have skirted the issue or simply don't understand the issue. Was that FIRST case valid or a pile of crap? If the first case was not "approvable when filed" and "non-frivolous" then the second case is irrelevant to your eligibility under 245(i). Talk to your lawyer about THAT.
 
Did you enter the US legally? If not, that would be the reason they have to review your old labor certification, to see if you're eligible for 245(i).
 
ok guys the first case ,that is the labor case was valid and i entered the U.S legally with a visa , and even have a i 140 approved , and its pending cuz the visa date is not current for my country , so i thought i will apply for green card through my wife when she turns citizen , so thats what i did and in the interview the officer said that everything looks good but i dont have ur labor file so i will get it and review it and then approve ur marriage file ....so they requested for my labour file from another office , i think its nebraska office , im not sure , but they have not yet recieved the file , may be its lost or i dont know , because when i went to the ins with my info pass last month to check on the status of my case the officer said that they had requested for the file just a week ago ....so my lawyer said that the officer from the marriage file has not yet recieved ur labour file thats y they might have requested it again ....so im stuck n dono what to do except WOM ....THX FOR ALL UR SUPPORT AGAIN .
 
jimmyfatiano said:
ok guys the first case ,that is the labor case was valid and i entered the U.S legally with a visa , and even have a i 140 approved , and its pending cuz the visa date is not current for my country , so i thought i will apply for green card through my wife when she turns citizen , so thats what i did and in the interview the officer said that everything looks good but i dont have ur labor file so i will get it and review it and then approve ur marriage file ....so they requested for my labour file from another office , i think its nebraska office , im not sure , but they have not yet recieved the file , may be its lost or i dont know , because when i went to the ins with my info pass last month to check on the status of my case the officer said that they had requested for the file just a week ago ....so my lawyer said that the officer from the marriage file has not yet recieved ur labour file thats y they might have requested it again ....so im stuck n dono what to do except WOM ....THX FOR ALL UR SUPPORT AGAIN .
Click to expand...

Given this information, it simply looks like you have two A-files that have to be consolidated. EB cases are usually adjudicated ina Service Center while family based cases will end up in a Field Office (100% for spousal cases). Which local office are you dealing with? Exactly how long ago was the interview?
 
jimmyfatiano said:
ok guys the first case ,that is the labor case was valid and i entered the U.S legally with a visa , and even have a i 140 approved , and its pending cuz the visa date is not current for my country ,...
Click to expand...

Since December of last year, all employment categories for all countries have cutoff dates in 2002 or later (or 'C'). So if your labor certification was filed in 2000 or 2001, priority dates are not the reason your EB case is still pending.
 
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