Hello to All,
I have been waiting for my GC through Asylum based AOS since 2004, with no end on sight:
-2004 submitted the application to NSC.
- 2005 did my medical check.
- 2007 redid my medical check.
- 2009 my file transfered to DC the reason:case is undergoing an “extended review”.
- 03/2010 USCIS transferred my case from DC back to the Nebraska Service Center.
According to my Lawyer,USCIS is telling him that my case will continue to be on hold due to evidence that I am inadmissible. USCIS is waiting for authority to be able to waive the inadmissibility in many asylee adjustment cases. Until then, they are holding them.USCIS has no statutory time limit on deciding an adjustment of status application.
According to my lawyer too:. The Nebraska Service Center is holding many asylee adjustment cases where there may be an issue of inadmissibility due to material support of a tier III terrorist organization. very few of the cases actually have the issue of material support but the officers are looking at where people are from (like Ethiopia and Algeria) and are placing the cases on hold for inadmissibility for giving material support.
so my lawyer sees the options at this point are waiting until USCIS gets authority to waive this ground of inadmissibility from the Secretary of Department of Homeland Security or file a mandamus lawsuit.
Anyone who can advice me what to do would be very gratefull; I am inclined to the mandamus lawsuit, but I am afraid of repercautions if it backfires on me. any suggestions please??
Thank you
I have been waiting for my GC through Asylum based AOS since 2004, with no end on sight:
-2004 submitted the application to NSC.
- 2005 did my medical check.
- 2007 redid my medical check.
- 2009 my file transfered to DC the reason:case is undergoing an “extended review”.
- 03/2010 USCIS transferred my case from DC back to the Nebraska Service Center.
According to my Lawyer,USCIS is telling him that my case will continue to be on hold due to evidence that I am inadmissible. USCIS is waiting for authority to be able to waive the inadmissibility in many asylee adjustment cases. Until then, they are holding them.USCIS has no statutory time limit on deciding an adjustment of status application.
According to my lawyer too:. The Nebraska Service Center is holding many asylee adjustment cases where there may be an issue of inadmissibility due to material support of a tier III terrorist organization. very few of the cases actually have the issue of material support but the officers are looking at where people are from (like Ethiopia and Algeria) and are placing the cases on hold for inadmissibility for giving material support.
so my lawyer sees the options at this point are waiting until USCIS gets authority to waive this ground of inadmissibility from the Secretary of Department of Homeland Security or file a mandamus lawsuit.
Anyone who can advice me what to do would be very gratefull; I am inclined to the mandamus lawsuit, but I am afraid of repercautions if it backfires on me. any suggestions please??
Thank you