Need Help Desperately!!!

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BlueHope

Registered Users (C)
Hi,

I applied for EB3 based I-485 petition back in 2007 to TSC. That petition is still pending since my priority date is still not current. In 2008, i became eligible to apply under EB2 category (PD - Current). I applied under that category to TSC and they never sent me application receipt notice for 8 months claiming that they never received my application. I filed a new application with them and they sent it to local district office close to my house. They still didnt send any kind of notification of this transfer to my attorney or myself. My attorney found this out by calling TSC center. The local district office sent me a notice for FP and another one for an interview. I did both and my application was finally approved. We found that out by visiting the district office several times. However, they still did not send us any notification that the case was approved. Ever since i have not received my GC, or a stamp on my passport or any kind of approval notice. I went to the office and they told me since i had two applications opened i,e, one for EB3 and the other one for EB2, they could not send me my GC yet. They had to resolve this issue with TSC before they grant me my green card. We have been visiting their office for past several months and the same answer we get from them that they need to resolve the issue with TSC before they grant me the green card.

My question is what else can i do to make this happen. I paid all the fees and documents and played by the rules and never broke any law then why i am stuck in this limbo? It seems like my attorney has also given up on them. Can you please guide me what should i do? This has been going on for over a year and i am without my GC although the application is approved according to the USCIS system.

Any help would be greatly appreciated.
Thanks!!!
 
Hi Jackolantern,

Thank you for your reply. Could you please tell me what do you mean by filing WOM? Also, i have a question related to my move from current address to a new address. I am stuck at my current address because of USCIS. I cannot move to a different location since i am afraid that they will find it as another excuse for not giving me my card. What do you suggest in that case? Should i stay at my current address or i could move to a different location?

Thanks!
 
Move if you want to move. They've already decided they're too lazy to do what it takes to finalize your card; moving isn't going to make that worse. Just make sure you file AR-11 and separately file to change the address associated with your I-485.

Does your online case status show the I-485 was approved?
 
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See that is the thing...they never sent me the application receipt notice for EB2 category. All i have is the receipt notice for EB3 category. They used my A# on FP and interview notices. They did not put any SRC number on those notices. So in order to check on my case i have to physically go to the local district office and show them my FP notice and Interview notice so they could check on my case using those docs. They also told me that the system showed that the application was already approved and the supervisor needed to close the EB3 petition with TSC before they issue me the GC.
 
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So you filed a new I-485 for EB2, and they cashed the check but you didn't get a receipt for it? Or did you use interfiling to transfer the old I-485 to the EB2 case?

Regardless, move if you're going to move. Whether you move or not, this case is going to be in limbo until somebody with authority intervenes.

WOM = Writ of Mandamus. It is a type of lawsuit that is filed to force the government to take action on something they have been delaying for a long time. It is commonly done for long-delayed green card* and citizenship cases. But before filing WOM, you are expected to have made other attempts to resolve it, such as the Ombudsman and Congressman.

When WOM is filed, the case goes under supervision of the court, so you don't have to worry that USCIS will deny the case just to punish you for filing WOM.


*note that only people with unwarranted delays can successfully file WOM. If the delay is due to the priority date being not current, or is within the average processing times for the given type of case, your WOM will fail.
 
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Thanks Jackolantern. I used the fee from the old I-485 to transfer it to the new I-485.

I will move and follow your directions to properly file the AR-11 and change of address forms with them.

Before filing for WOM i will do my best to use other avenues to resolve the case. My PD has been "Current" for quite a few years. I fall under ROW for EB2 category so i think i should be ok there.
 
BlueHope said:
Thanks Jackolantern. I used the fee from the old I-485 to transfer it to the new I-485.
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You used the "fee" to transfer it? What does that mean?

Anyway, I take it you did not file a new I-485 for the EB2 case? That's why you didn't get a new receipt with a number.

I will move and follow your directions to properly file the AR-11 and change of address forms with them.
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Remember you need to change the I-485 address separately from filing AR-11.
 
You are correct. I did not file a new I-485 for EB2. Perhaps that is why i did not get the receipt.

No Problem. I will make a change to the I-485 address separately too from AR-11.

Thank you so much. I will keep you posted.
 
Check the online status with the original I-485 receipt number and see what it says.

It is mixups like this why I advise people to file a fresh I-485 for a new I-140 instead of transferring the old I-485 to the new I-140. USCIS is very robotic, and once you go off their normal path they frequently mess things up with long delays or wrongful denials.
 
Jackolantern,

Are you saying people who request interfiling instead of filing a fresh I-485 usually encounter long delay? Why would USCIS accept the interfiling then? It's not something new; all good lawyers know about it and how to do it.

I just got my EB-2 I-140 approved. last Friday. My lawyer has requested interfiling of my currently pending EB-3 I-485 with the approved EB-2 I-140. My I-485 is pending at the local office. I have already taken infopass to go there next week to inquire about the interfiling in case the approval does not come this week. I am now EB-2,rest of the world. I will keep you posted on the forum.
 
Doubled said:
Are you saying people who request interfiling instead of filing a fresh I-485 usually encounter long delay? Why would USCIS accept the interfiling then? It's not something new; all good lawyers know about it and how to do it.
Click to expand...

USCIS is a mountain of incompetence and inconsistency. Somebody up high in USCIS or DHS made the decision to allow it, but didn't implement good training and procedures on the ground to handle it. So they might not have a clear written procedure to handle it. And they probably don't have workflows in the computer system to handle it, so you don't get a receipt or any formal document to acknowledge and track the interfiling. And with it being unusual, most employees don't have experience with it and don't know what to do and it probably wasn't included in their training.

As a result, it is treated as an exception process handled outside of the normal workflow. I used to work for a big Fortune 100 company and they had exception processes like that for the unusual situations, because it wasn't deemed cost-effective to spend money to implement them in the system when they are done so infrequently or to train everybody to do it. So when a customer called in with such a request, we'd have to tell the customer somebody will get back to them in a few days, instead of processing their request immediately when they're on the phone or by the end of the day. Then it would eventually get forwarded to somebody who understood it and would manually figure out what needs to be done and do it.

These exception processes made the customer wait a few days to a week, instead of a few minutes or hours. Now take an ultra-slow organization like USCIS, where a simple task like EAD issuance routinely takes 2-3 months. Make something go off their straight-and-narrow path and into the realm of the unusual, and guess what ... months turns into years.

Interfiling may save you money, but for many it ends up costing them much more in time. Of course, you might get lucky and they process your request quickly and you get your green card soon. Good luck!
 
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