I-485 pending 10 years, PhD. physicist

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pending_forever

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Hi, There:
Nice to see this forum. Thanks in advance for any good suggestions. I have an I-485 case pending in USCIS for 10 years. They dont neither deny it no approve it. I have absolutley no any criminal record or wrongdoing. My immigration reocrd is clean. I just cannot do sth someone wanted me to do, therefore the consequence -- pending forever. I want to take the mandamus action. They may deny my case for whatever the reason they can create. I dont worry that. I want to go to Immigration Judge or higher court to fight. But I dont want to lose my job. I know I can file new EAD once in removal proceedings, but there may be a few months gap depending how long the case can be moved to removal proceeding. Someone said the law forgive the case where unauthorized employment is not more than 180 days. Any detail info or where can i find the law for this.? Any other good suggestion for a case like this. Thanks again.
 
Sorry to here about your predicament. What exactly that you do not want to do?
Anyway,
I was in the same kind of situation. my 485 case hase been denied. Even before thatwhen I got NOID immidiately i filed for new EAD before responding to NOID (notice of intent to deny).
I filed MTR that also has been denied subsiquently. Then to move the case to IC I filed asylum (not frivolous of couse) and got the clock started for asylum based EAD ( got it after 180- days) meanwhile attorney renewed AOS in court and after about 1 year I got my GC. you can also request removal proceedings after denial of AOS outright if you do not have grounds for asylum.

another option -(if denied for dubious reason ) file a suit in federal court, it might be settled even before hearing. CIS does not want to go before federal judge, besides their counselors are stupud and always unprepared bz they are on flat pay and do not care.

First thing - you have to find out a status of your case. File under FOIA if direct call to CIS does not help. Make sure that your case is still pending. Then go ahead with writh of mandamus. There is a link how to do this

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15
 
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Hi, AKatu, Many thanks for your reply and suggestion. It is very helpful and valuble. Happy to kown you finally got the justice belong to you. I have two questions for you.
1, It seems that once the i-485 is denied, all the benefits based on that(AP, EAD) wont be valid regardless USCIS inform applicant or not. If this is the case, how can one prevent losing the job (also the resouce for lawsuit); Does it matter if I continue to work if only my gap does not byond the so called 180 days? If you dont have any experience in this respect simply ignore it.
2, This is the first time I heard about going to Fedral Court once i-485 is denied based on dubious reason. My attorney keeps talking the procedure: IJ--> BIA-->Federal court. I am very intereted to going to Federal Court, if this is an option.
3, Whats the difference between NOID and NTA, does CIS usualy issue NOID first then NTA? What response one should do for it?How long between the two?
Thanks
 
pending_forever said:
Hi, AKatu, Many thanks for your reply and suggestion. It is very helpful and valuble. Happy to kown you finally got the justice belong to you. I have two questions for you.
1, It seems that once the i-485 is denied, all the benefits based on that(AP, EAD) wont be valid regardless USCIS inform applicant or not. If this is the case, how can one prevent losing the job (also the resouce for lawsuit); Does it matter if I continue to work if only my gap does not byond the so called 180 days? If you dont have any experience in this respect simply ignore it.


I remember there was a discussion on this subject, weather EAD would be valid after denial, my research brought me to conclusion that unless it is revoked it stays valid untill expiration.
now if you look into AOS elegability requirements, 180 days count metters basicly before you apply for AOS , when you apply in IC for renewal and it is granted , forget about the gap. Besides you can file law suit while waiting for response to MTR ( motion to reconsider) during thiss period you are allowed to stay by the attorney general in the US even you do not have status. I did work on AOS related EAD untill I got asylum EAD more than 6 month and nobody even asked a question.
The very fact that they continue issuing EAD means that you case is alive.


2, This is the first time I heard about going to Fedral Court once i-485 is denied based on dubious reason. My attorney keeps talking the procedure: IJ--> BIA-->Federal court. I am very intereted to going to Federal Court, if this is an option.


Here is the trick: if you initiate removal proceedings then the path is: IJ- BIA- Federal court. My lawyer told me that there was a precident in 6 circuit cort that denied by CIS case was won. Of couse, CIS might appeal, but only if they have legetimate bases.
But anyway, in order to file you have to have denial in hand. If the decision is not served file mandamus.

3, Whats the difference between NOID and NTA, does CIS usualy issue NOID first then NTA? What response one should do for it?How long between the two?

I did not get what is NTA. They can deny outright for say not following up on fingerprint notice or failure to response to RFE.
Something apparently not right about your case that lasts 10 years
Click to expand...
 
pending_forever said:
Hi, There:
Nice to see this forum. Thanks in advance for any good suggestions. I have an I-485 case pending in USCIS for 10 years. They dont neither deny it no approve it. I have absolutley no any criminal record or wrongdoing. My immigration reocrd is clean. I just cannot do sth someone wanted me to do, therefore the consequence -- pending forever. I want to take the mandamus action. They may deny my case for whatever the reason they can create. I dont worry that. I want to go to Immigration Judge or higher court to fight. But I dont want to lose my job. I know I can file new EAD once in removal proceedings, but there may be a few months gap depending how long the case can be moved to removal proceeding. Someone said the law forgive the case where unauthorized employment is not more than 180 days. Any detail info or where can i find the law for this.? Any other good suggestion for a case like this. Thanks again.
Click to expand...
Your I-485 has been on file for 10 years? What did you do besides waiting in the past 10 years? You applied for the immigration benefits but the USCIS has been cooking it for 10 years. It is the time for you to sue the USCIS although you might consider it early.
 
First of all, thanks to akatu's detailed info. I will carefullly think about those suggestion.
During first 8 years, I was told by my attorney that i just needed to wait for INS's investigation or review. I did not know there is a mandamus action option until two years ago. Of course, i have been working all the time using EAD. I fired my former lawyer not long ago. I hired a new one. I dont worry how the gov build its case against me. If they have anything which can "kill" me, they may have "killed" me a hundread of times. What I am concerning is in case they deny my I-485 after I file the mandamus, I may not be allowed to work. That could cost me a LOT. Thats why I have not take any action. If I can find a way to make sure, my employment autherizzation cannot be interrupted, or the gap can be "neglected"/forgiven, or I can find other way to aloow me apply new EAD based on new situation, i would do it immediatly. What i am concerning is they did not find any falut with me in last 10 years, once they deny my i-485, then invoke my EAD, then they find me workign wothout EAD. Aha.. finally, they find my fault then use it as a "new evidence" againt me in court. I have interaction with them in last 10 years, I totally lost confidence to many of those bad guys. I only have confidence to judge and court.
 
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