I485 Interview conducted 3 months ago, what next?

S

SVLV

Registered Users (C)
I filed I485 and I130 concurrently. Had an interview in Baltimore on August 8, 2006. Since then, there is no news.

The USCIS website for I485 says that the interview was conducted on August 8, 2006 and a decision will be sent to me shortly.

For I130, the USCIS website doesn't say anything. Do I have to wait for the I130 approval separately? I don't know what's going on. Please help.
 
Call the USCIS Information Hotline. Its been 5 weeks since I had my interview with no news and I called them today. They told me I had to wait until 3 months after my interview, and then I should call them back and they would put in a request for the DO to look into my case. As you're 3 months, give it a try!

Or make an Infopass appointment and go ask.
 
Sue them

SVLV said:
I filed I485 and I130 concurrently. Had an interview in Baltimore on August 8, 2006. Since then, there is no news.

The USCIS website for I485 says that the interview was conducted on August 8, 2006 and a decision will be sent to me shortly.

For I130, the USCIS website doesn't say anything. Do I have to wait for the I130 approval separately? I don't know what's going on. Please help.
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SVLV...

Since your interview in August, as of today, Nov 24th, 2006, it is the 108 day since you were interviewed, so you can file a lawsuit on Dec 6th, 2006 based on 120 days statute. The 1447(b) statute states that if you were interviewed by USCIS and 120 days has passed since you were examined, then you can force USCIS to grant a decision or approval or denial. So, since you can sue, you will forced them to adjudicate the case as soon as the lawsuit is filed. :o :eek:

So, you can write a letter to the National Benefits Center or Service Center currently processing your applications, and copy the district office which you were interviewed at, and tell them you need to hear back from them on your approval or you will be filing a lawsuit based on this statute. Advise: send the letter checking on your status to the service center processing your case, AND COPY the District Office. :rolleyes: :cool:

Good luck...
 
Al Southner said:
Since your interview in August, as of today, Nov 24th, 2006, it is the 108 day since you were interviewed, so you can file a lawsuit on Dec 6th, 2006 based on 120 days statute. The 1447(b) statute states that if you were interviewed by USCIS and 120 days has passed since you were examined, then you can force USCIS to grant a decision or approval or denial. So, since you can sue, you will forced them to adjudicate the case as soon as the lawsuit is filed. :o :eek:
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Are you sure about 120 days rule in this case ?
I guess 1447(b) you are referring to is U.S.C, but the title of that section is
"Hearings on denials of applications for naturalization".

I remember that this was discussed here a couple of months ago, but I do not remember what was conclusion in case of application to GC.


Here is actual wording in U.S.C.

§ 1447. Hearings on denials of applications for naturalization

(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
 
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GotPR? said:
Are you sure about 120 days rule in this case ?
I guess 1447(b) you are referring to is U.S.C, but the title of that section is
"Hearings on denials of applications for naturalization".

I remember that this was discussed here a couple of months ago, but I do not remember what was conclusion in case of application to GC.


Here is actual wording in U.S.C.

§ 1447. Hearings on denials of applications for naturalization

(b) Request for hearing before district court
If there is a failure to make a determination under section 1446 of this title before the end of the 120-day period after the date on which the examination is conducted under such section, the applicant may apply to the United States district court for the district in which the applicant resides for a hearing on the matter. Such court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.
Click to expand...

Unfortunately the 120 days rule applies to naturalization cases only --- the statute is strictly construed.
 
SVLV said:
I callled USCIS. Now they want me to wait 120 days after my interview.
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Geez, its just a moving target isn't it? I'd make the Infopass and ask them. I'm going to do this next week myself, even though it means taking a day off and driving for 7 hours.
 
dr_lha said:
Geez, its just a moving target isn't it? I'd make the Infopass and ask them. I'm going to do this next week myself, even though it means taking a day off and driving for 7 hours.
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Sorry to hear about the mess you've been having --- it's especially bad, since you were approved and you thought it was all over.
Best of luck.
 
pianoplayer said:
Sorry to hear about the mess you've been having --- it's especially bad, since you were approved and you thought it was all over.
Best of luck.
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Thanks. I noticed I got a LUD yesterday, so maybe this means things will be resolved soon. Still, I got one 2 weeks ago also and that lead to nothing. Fingers crossed.
 
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