I-130; Please HELP

[ACE67 0]

Hello everyone,

I am a USC who filled an I130 for my spouse in 9/2008. The case was transferred to the local detroit office in 6/2009 pending an interview. My spouse lives in her home country. I contacted my senator in 10/2009 and was told I should have an interview by 1/2010. It is now 2/2010 and Im being told that they are so behind they don't even know when they will schedule my interview. I have acquired a lawyer who has made an inquiry into my case. We are waiting for a response. I have also filled a complaint with the Ombudsmans office. How long should I wait before I file a writ of mandamus? Thank you in advance for any help that you can provide me.

TIMELINE

1-Application received date: 9/8/2008

2- I-797C, Notice of Action: 9/11/2008

3-USCIS Inquiry (OUTSIDE OF NORMAL PROCESSING TIME): 3/16/2009

USCIS Response: LETTER: FBI Security check : 3/17/2009

4-USCIS inquiry: 5/18/2009

USCIS Response EMAIL : Case relocation to Detroit office 5/20/2009

5- Infopass: 6/4/2009 @2:45 pm

6- USCIS Status update EMAIL : Case relocation to Detroit office for interview. 6/29/2009

7-USCIS Request for evidence : 7/10/2009

Evidence sent via US. Post 7/21/2009

8-USCIS Inquiry: 8/31/2009

USCIS Response EMAIL: Case transfered to local office; Direct all inquires to Detroit office. 9/2/2009

9- Infopass: 9/21/2009 @3:15 pm: Waiting for Petitioner interview

10- Senator Levin office inquiry; 10-14-09

USCIS RESPONSE: Case pending and waiting to be scheduled for an interview. USC petitioner should be receive an interview notice within 60 to 90 days. 10/15/09

11- Senator Levin office inquiry; 1-16-2010

USCIS RESPONSE: Detroit office overwhelmed with I130 petitions. Unknown Waiting period for interview.

12-Lawyer representation acquired. 2-11-2010. official Case inquiry.

13- Ombudsmans office; complaint filed 2-13-2010

[pushbrk 12,975]

I have acquired a lawyer who has made an inquiry into my case. We are waiting for a response. I have also filled a complaint with the Ombudsmans office. How long should I wait before I file a writ of mandamus? Thank you in advance for any help that you can provide me.

This is a question for the lawyer you hired.

[A and T 82]

Hello everyone,

I am a USC who filled an I130 for my spouse in 9/2008. The case was transferred to the local detroit office in 6/2009 pending an interview. My spouse lives in her home country. I contacted my senator in 10/2009 and was told I should have an interview by 1/2010. It is now 2/2010 and Im being told that they are so behind they don't even know when they will schedule my interview. I have acquired a lawyer who has made an inquiry into my case. We are waiting for a response. I have also filled a complaint with the Ombudsmans office. How long should I wait before I file a writ of mandamus? Thank you in advance for any help that you can provide me.

TIMELINE

1-Application received date: 9/8/2008

2- I-797C, Notice of Action: 9/11/2008

3-USCIS Inquiry (OUTSIDE OF NORMAL PROCESSING TIME): 3/16/2009

USCIS Response: LETTER: FBI Security check : 3/17/2009

4-USCIS inquiry: 5/18/2009

USCIS Response EMAIL : Case relocation to Detroit office 5/20/2009

5- Infopass: 6/4/2009 @2:45 pm

6- USCIS Status update EMAIL : Case relocation to Detroit office for interview. 6/29/2009

7-USCIS Request for evidence : 7/10/2009

Evidence sent via US. Post 7/21/2009

8-USCIS Inquiry: 8/31/2009

USCIS Response EMAIL: Case transfered to local office; Direct all inquires to Detroit office. 9/2/2009

9- Infopass: 9/21/2009 @3:15 pm: Waiting for Petitioner interview

10- Senator Levin office inquiry; 10-14-09

USCIS RESPONSE: Case pending and waiting to be scheduled for an interview. USC petitioner should be receive an interview notice within 60 to 90 days. 10/15/09

11- Senator Levin office inquiry; 1-16-2010

USCIS RESPONSE: Detroit office overwhelmed with I130 petitions. Unknown Waiting period for interview.

12-Lawyer representation acquired. 2-11-2010. official Case inquiry.

13- Ombudsmans office; complaint filed 2-13-2010

I'm so sorry to hear you are being jerked around , what is Ombudsmans office? Is that some type of escalation procedure?

[ACE67 0]

The lawyer recommends that we give it some time (6 months), then make an inquiry and make mention of filing a writ of mandamas. At this point they believe USCIS will not place any priority on the case as it is only a I-130 petition.

The Ombudmans office is a part of USCIS that you can file a complaint with in reference If you have exhausted all other methods (ex Senator, congressman, etc) and have not gotten any results and your case is outside of processing time.

[pushbrk 12,975]

The lawyer recommends that we give it some time (6 months), then make an inquiry and make mention of filing a writ of mandamas. At this point they believe USCIS will not place any priority on the case as it is only a I-130 petition.

The Ombudmans office is a part of USCIS that you can file a complaint with in reference If you have exhausted all other methods (ex Senator, congressman, etc) and have not gotten any results and your case is outside of processing time.

If you don't like your attorney's advice, you can always fire him and hire another. If it were me, I'd get my State's senior US Senator's office to make an inquiry now.

[ACE67 0]

If you don't like your attorney's advice, you can always fire him and hire another. If it were me, I'd get my State's senior US Senator's office to make an inquiry now.

Thank you Pushbrk. I did in January, and the information that the senators office provided me with was that the local office is behind on processing I-130 case interviews ( for the petitioner) that they don't even know when they will be able to interview me. This contradicts the last inquiry that the State Senators office did in 10/09 which stated 60 to 90 days. So as of right now I'm being told to continue to wait. I am still at step 1 and Ive been here since sept 08.

[besaangel 18]

6 months sounds like a very long time to wait... But only my opinion

[Darnell 8,478]

IMO, you can file a writ of mandamus 18 months AFTER the NOA-1 date.

I know, yer petition is a bit different, as you had to get biometrics done on YOU. This is rare, but it happens.

There's a link on 'writ of mandamus' - here http://www.usaimmigrationattorney.com/Secu...tiveReview.html

But it's specific to consular activity. Since yer pre-noa2 (again, IMO), you can file the writ.

(or more pointedly, yer attorney can file the writ of mandamus lawsuit in federal court).

Good on ya for the multiple info-pass appointments, though.

a final note.

sometimes, is useful to get upper echelon USCIS people involved. User 'gogo' has posted a telephone book of these folksen, in some of his prior posts. Find him in the member search thingie, then look at his posts, you'll find that telephone directory as an attachment. I can't tell you exactly who to contact, on that list, but it's a good starting point to get 'behind the scenes', past any tele-operator on a hotline.

Edited March 1, 2010 by Darnell