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antito

A long wait to get approved

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I filed my I-360 Petition for Amerasian, Widower, or Special Immigrant VAWA case with USCIS on June 11, 2007 and I finally got my approval on September 8, 2010 (I waited three years and three months for my approval), then I filed my I-485 on October 12, 2010 (more than 4 months ago) and I have not received my green card yet. I went to the interview on 2/11/2011 and the officer told me they need more evidence, wich I already submit on 2/16/2011, but what I don't like is the paper that the officer gave me, it says "After sumitting your documents, you may inquire about your case no sooner than 180 days after the date of this notice or the time period indicated only by making an InfoPass appointment through www.USCIS.gov.

So, besides the 3 plus years I waiting for my VAWA Case, more than 4 months already waiting for my I-485, I would have to wait 6 more months, I do not think that is fair.

What can I do in order to expedite my case.

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I filed my I-360 Petition for Amerasian, Widower, or Special Immigrant VAWA case with USCIS on June 11, 2007 and I finally got my approval on September 8, 2010 (I waited three years and three months for my approval), then I filed my I-485 on October 12, 2010 (more than 4 months ago) and I have not received my green card yet. I went to the interview on 2/11/2011 and the officer told me they need more evidence, wich I already submit on 2/16/2011, but what I don't like is the paper that the officer gave me, it says "After sumitting your documents, you may inquire about your case no sooner than 180 days after the date of this notice or the time period indicated only by making an InfoPass appointment through www.USCIS.gov.

So, besides the 3 plus years I waiting for my VAWA Case, more than 4 months already waiting for my I-485, I would have to wait 6 more months, I do not think that is fair.

What can I do in order to expedite my case.

Expedites are only granted if you meet one of the following criteria -

* Severe financial loss to company or individual

* Extreme emergent situation

* Humanitarian situation

* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

* Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

* USCIS error

* Compelling interest of USCIS

Waiting a long time doesn't really fall under any of those situations. There are many people here in VJ who have waited years for visas or greencard and there's not much they can do about it. IMO, they won't approve an expedite. They're only going to care about your current application (and how long it's taking), not previous ones that were already approved. And your AOS is well within the current time frame for normal processing.

If you still want to take a stab at it, you could get your senator involved, explain your situation and see if they can do anything.

Or you could make an infopass appointment. But they're most likely going to tell you there's nothing they can do since you're not out of that 180 day time frame. If you feel compelled to do that though, bring evidence that your I-136 took a long time and how not having a green card adversely effects your life in the U.S.


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

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