I-485 pending since Sept'01

R

Rohit Sharma

New Member
Hello,

I filed for I-485 in Aug'2001. The receipt date is Sep'21 2001. Since then there have been 3 finger prints - last one in Jan'2004.

In June'05 my employer's attorney's filed for 5th EAD/advance-parole. The attorneys have so far sent 4 enquiries to INS.

I had written to the New Jersey senator - Corzine in Dec'2004. Their office has also sent enquiry to INS.

Is this delay normal?
What should I do..
 
WTF. That's almost four years. What did they say about your status?

At this point, inquiries are unlikely to get your case going anywhere. Heck, your 485 was probably taken out of the system long time ago. File a lawsuit against the INS. My 485 is pending ONLY 14 months. Otherwise, I would suit the INS.

Keep us informed if you decide to suit the INS
 
My friend file Fredom of Information act FOIA
They have to respond to you within two weeks by law.
Do your research in the forum of how to file it
 
I'm also here......

You're not ALONE......sit back TIGHT......thats all I can say....

I've tried all......
 
To Rohit and Lovensing

You guys might want to have serious discussion about your cases. The following is a good example of winning AOS lawsuit against USCIS.
Four years is not a reasonable processing time. You guys need to stick together.

A piece of good news for 2001 filers: USCIS lost a Mandamus lawsuit to an adjustment applicant whose application has been pending for four years:

http://www.lexisnexis.com/practicea...pdfs/web841.pdf
 
to Rohit and lovesing

I'm also in the same boat. mine is jan 2002 case (don't confuse with my id). i have just done my first finger printing 4 EAD's . 5th one about to apply. i have done lot's inquiries into my case all the time it say's pending security check and waiting hear from another office. i don't know how long i need to wait like this.i wanted to get all us together and see if we can find a solution to get out of this hell. Please let me know.
Thanks
 
Mine just got approved - my RD is May 2002.

Here is what you can do -
1. Write to FBI, and find out if your name check has cleared.
2. Once your name check is cleared by FBI, send an expedied fax to vermont.
3. Simulatneously call you congressman (not your senator), and have them call vermont and find out exactly what is going on.

This is the most you can do.
 
...

Read Chalbe2000 on rupnet.com. He won his case after going to court. The court told USCIS that pending security check is not a reasonable excuse for 4 years of wait. Chalbe also mentions a lawyer who has a lot of experience about suing USCIS. I believe Rajeev Khanna also has a lot of experience about suing USCIS.
 
My case got approved shortly after the name check cleared. I tried every thing..ombudsman, congressman, expedite letters etc... Keep trying. First find out if your name checks cleared...
 
what is the phone No for name check

I found the discussion very helpful.
Would you please tell me the phone No I should call to check if my name check is cleared??

I filed the I-485 in vermont in Jne, 2003.

thanks in advance
 
Rohit
Please read my posts "Long Pending I-485 approved after congressional inquiry". You need to contact the congressman's office in person and draft a letter explaining the problem yourself. Your personal inquiries or those directed thru your attorney will not work. However, please note that if the cause of delayed I-485 is pending FBI checks, then nothing can be done until the FBI responds.
 
Just thought I will update you folks about delays and litigation. So far, in the past few months we have received two AOS approvals that were either denied or unreasonably delayed (over three years). The govt settled both cases. I would want you folks to try the Congressman route first. If that does not work, file a lawsuit. There is no gurantee you will win. But, it is worth a shot. Good luck, all.
 
I agree

Rohit Sharma, I completely agree with Rajiv Khanna. Anyway, here is the case of Chalbe2001 that I was talking about. he lurks around rupnet.com

Chalbe2001 story
"My saga began with me and my wife filing I-485(EB2) at VSC in November of 2001 (immediately after 9/11). I got two EAD's and one advance parole without any problems until after July of 2003 when everything became a nightmare.

VSC stopped approving my EAD and AP applications. I got couple of interim EAD's valid for two months each at my local philadelphia office. Even that was stopped for a month and I had to go unemployed for a month. All this in the name of security.

For a month, I was without a job, without work authorization and dealing with CIS which was proving to be extremely un-cooperative. I tried various options including the senator, tried various letters from my employer and myself to VSC and FBI but that did not yield any results.

Then I decided to sue the CIS for their actions. I filed a mandamus case agaianst US attorney general, VSC and CIS director and Philadelphia CIS Director in the Philadelphia federal district court in Aug / Sept 2004. Within two weeks I started getting EAD's from my local CIS office but they were again only valid for two months. I got back on my old job. I had to go regularly to local CIS office to get these two months EAD's and all the time getting even this was a nightmare and had very hard time with the CIS officials who turned me back many times. In total I got almost 10 interim EAD's.

CIS took two months to respond to my case and asked the judge for more six months to complete name / security check and the time was ganted because my lawyer agreed to it. (I think this was a stupid move on my lawyers part as we have been waiting for three years).

Then after the six months my lawyer did not get in touch with the court for another two months partly because he lacked experience dealing with the federal court. Then I hired another lawyer with lot of experience dealing in federeal district court cases. He gave few tips to my old lawyer who had filed the case. Finally all the parties were on a conference call and the judge very bluntly gave CIS two weeks to adjudicate / approve my and my wife's cases. I was surprised by the Judge's order and re-enforced my faith in the judicial system of this country.

In two weeks I got two approved EAD's, two advance paroles, two fingure pritning notices. Then My interim EAD was expiring so I went to philadelphia CIS and they gave me the interim with all the apologies (my actual EAD had not come in mail). They said they cannot wait that long for fingure prints so they gave me an emergency fingure prints notice to take to the FP office and we got our prints done the same day. CIS officials told me that they were trying to approve my case immediately. In three days after the PF our cases were approved and I got the approval in mail. Me and my wife got our passports stamped yesterday. Finally it is over, just waiting for my card. My case might give some direction in case you are in similar situation. I have been on rupnet and regularly read and contributed to the topics floating around. My thanks to all and goodluck with your GC endevours.

-----------------
-Piece of advice-
-----------------
If your case hastaken very long, approach the court and sue the CIS.
Hire a lawyer which has good experience dealing with federal district court.
Don't be afraid, take action. When you have not done anything wrong you should not be afraid even of God."
 
Guys,

I am in the same boat as you guys, waiting since 2003.
I really feel sorry for you guys. But we should do something about this
mis-behaviour and injustice FBI and USCIS has done to us in the name of "Security Check".

Can't we sue USCIS together about all these?
 
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