My I-485 was filed Oct 2001 at NSC. It was transferred to USCIS local office in Aug 2005. It is still pending. Upon several congressional and inperson inquiries. I received a letter in the mail that my case is pending background check and if i dont hear back in 6 months, i should contact them again. I am really really fed up with the entire process. I and my attorney have made several congressional inquiries and only once got a response saying that due to privacy reasons details on my case cannot be revealed. The question i have is should i wait another 6 months or pursue a writ for mandamus. Can we file for mandamus even if case is pending background check?. Please advise.
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I-485 pending for 5 yrs PLEASE HELP!!
- Thread starter moh19
- Start date
curiousGeorge
Registered Users (C)
Have you contacted the FBI to confirm that they (a) received the request to process a name check, and (b) sent the response back to USCIS?
If the FBI tells you they got the request, but they are still processing it, there is very little you can do. No agency will step on the FBI, and if they need to take thier time, that's too bad for us.
If they tell you they got the request, and they sent it back, then you can pursue your case with a writ of mandamus with the USCIS. The same goes if the FBI tells you they never got a request to process your name check. If this is the case, take the proof to the congressman, that the FBI has processed, and in fact the USCIS is the one who is holding up your case.
If the FBI tells you they got the request, but they are still processing it, there is very little you can do. No agency will step on the FBI, and if they need to take thier time, that's too bad for us.
If they tell you they got the request, and they sent it back, then you can pursue your case with a writ of mandamus with the USCIS. The same goes if the FBI tells you they never got a request to process your name check. If this is the case, take the proof to the congressman, that the FBI has processed, and in fact the USCIS is the one who is holding up your case.
curiousGeorge said:Have you contacted the FBI to confirm that they (a) received the request to process a name check, and (b) sent the response back to USCIS?
If the FBI tells you they got the request, but they are still processing it, there is very little you can do. No agency will step on the FBI, and if they need to take thier time, that's too bad for us.
If they tell you they got the request, and they sent it back, then you can pursue your case with a writ of mandamus with the USCIS. The same goes if the FBI tells you they never got a request to process your name check. If this is the case, take the proof to the congressman, that the FBI has processed, and in fact the USCIS is the one who is holding up your case.
On this board there are numerous successful outcomes of writ of mandamus for cases where I485 has been pending for several years due to background check. So I don't think the above post is correct.
moh19 you should definitely consult a lawyer for WOM given that your case has been pending for 5 years.
Besides USCIS neveral reveals to you directly who, how, when and where the background check is being done. So as far as an applicant is concerned I485 is only pending at USCIS.
Better talk to a lawyer...
USCIS_GC_APPRO
Registered Users (C)
Dude, Do one thing
Take infopass and verify is your nacme check is done or not. Recently I saw so many cases (who are waiting more than 2 years got approved). One of my that one is mine and my friend. And isaw couple of people on this forum.
Take infopass and verify is your nacme check is done or not. Recently I saw so many cases (who are waiting more than 2 years got approved). One of my that one is mine and my friend. And isaw couple of people on this forum.
AGC4ME said:Waste no time and consult these boards for details on how to file a WOM or else consult a good lawyer.
Thanks everyone for replying. I took one last infopass appointment and plan to make one final inperson inquiry with USCIS about status of fbi name check. Although the response from USCIS indicated background check and not name check. I believe these are two different process. If this doesnt yield any results soon...i will take an appt with a lawyer to file WOM.
Sorry to hear about your case. I am pretty much in the same boat. My I485 was transferred to washington office in 2001 december.moh19 said:My I-485 was filed Oct 2001 at NSC. It was transferred to USCIS local office in Aug 2005. It is still pending. Upon several congressional and inperson inquiries. I received a letter in the mail that my case is pending background check and if i dont hear back in 6 months, i should contact them again. I am really really fed up with the entire process. I and my attorney have made several congressional inquiries and only once got a response saying that due to privacy reasons details on my case cannot be revealed. The question i have is should i wait another 6 months or pursue a writ for mandamus. Can we file for mandamus even if case is pending background check?. Please advise.
Have you seen your last updated date(lud) change in your online message ever since they transferred your case to the local office?
What local office are your dealing with??
thanks in advance for your response.
January 2001.moh19 said:Case was transferred to USCIS Chicago Aug 2005. I have not seen any update ever since. When was your I-485 originally filed?
My lawyer had to reschedule my interview because of some other commitment. My last updated date changed on 7/10/2006. This was the first time it changed after the transfer. I was very happy for a week but since then I am waiting and waiting.
My new lawyer says that I should wait for some time(one month)
before inquiring again.