No decision 1 yr+ after filing I-751 -- how to avoid out of status?

[Scott y Kemerlita 0]

We filed I-751 last May and received with the NOA letter a notice that status has been extended for one year. We complied with an RFE request in November and traveled to a USCIS field office for an interview in March, but still no decision on the case. We are worried about falling out of status while we wait for USCIS to make a decision. Customer service won't give us any useful information, other than that our case file was last touched on May 5, 2011.

Is there a form we should be filing to ask for a further extension while USCIS processes this? Or a better contact than USCIS customer service? Clearly our case has far exceeded normal processing times for some reason.

[Deputy Purple 1,294]

If you file to naturalize then they will be force to adjudicate the ROC.

[markb 2]

Make an infopass appointment. They can put an I-551 stamp in your passport.

[milimelo 4,236]

As Bob said, file for naturalization. This forces them to adjudicate I-751 at the same day they adjudicate N400.

[Inky 1,110]

Apply for naturalization if you are in the time frame to do so! Just continue your journey and get citizenship and be done with them.

[Dave&Roza 748]

As Bob said, file for naturalization. This forces them to adjudicate I-751 at the same day they adjudicate N400.

+1. By the time you get them to finish the ROC you could be a citizen if you fill the N400. You are just following the rules. It is them that are falling behind.

Dave

[3600rs 24]

Is there a form we should be filing to ask for a further extension while USCIS processes this? Or a better contact than USCIS customer service? Clearly our case has far exceeded normal processing times for some reason.

Since your file had been pulled for an RFE and followed by an interview, its very likely that its under processing with the local office. There is no form you need to fill at this stage, get an INFOPASS appointment for the ADIT stamp and your good. If you desire, you can apply for citizenship, which will remove your stuck 751 for final adjudication.

Edited July 8, 2011 by 3600rs

[sasaqlain 24]

I would suggest, make an infopass and get your passport stamped. Unless an adverse decision is reached(which is rare), you have nothing to worry about from now on. Although, some of the senior members have advised to apply for naturalization while the ROC

is still pending, I am still doubtful, if you could do that while a hearing on your previous case is pending. I wish I am wrong,

cause this was one question that was bothering me as well. I hope somebody would shed more light on this topic by quoting USCIS

rules.

Good Luck!

[Mama mia 9]

Based on your timeline, you were approved for a green card around July 2008. You are within guidelines to file for naturalization. You have been married for 3 years and have had your green card for three years. As long as you qualify the residence requirements, save yourself some stress and file for citizenship.

[Scott y Kemerlita 0]

My wife received an InfoPass appointment -- we'll see what USCIS says there. Yes, the file was sent to a USCIS field office (Bloomington, MN) for adjudication, where I assume it still is. Thanks for all the info.