I751 is pending for 6 years should I apply citizenship?

[mc962 55]

Not that suing USCIS is either cheap or will necessary produce the desired results (might just get them to move faster in a direction you won't like) but didn't someone on this forum once explore doing a "Writ of Mandamus" process for a K1 or AOS or something along those lines for an immigration benefit that was also way outside normal processing time? 

As mentioned above, it's likely something that will need to get a lawyer involved, will probably not be cheap to go through, and might just make USCIS decide faster that they won't give you the immigration benefit, and seems a bit like using a sledgehammer on a thin glass window, but my understanding is that this kind of situation is what it's meant for, to get court intervention for cases that are way, way outside normal processing times, such as 6 years on something that probably shouldn't take more than 1 year.

[lummo 61]

20 hours ago, John501 said:

Also I have tried to go back to my college to finish my classes. They didn't accept me with experied green card.

Now I'm 33. Even if I finish my school i won't have any career for sure.

Like @mindthegap said get a I-551 stamp in your passport if you don't already have one:

20 hours ago, John501 said:

So I decided to join to military to that I can do something for my future. But they told me that I must have a 10 years green card.

Which branch of the Armed Forces did you try to join? Both the Navy and Air Force are the most strict on the "2 years left" requirement:

 

20 hours ago, John501 said:

So Should I apply for citizenship

Yes! You have been eligible to submit the N-400 since March 2016 (90 days before your 5-year anniversary of being a LPR).

Edited December 14, 2018 by lummo

[QueenComley 295]

Memphis was my local office. If you do end up needing a Lawyer inbox me. I used one as did my husband. He certainly would not charge you the prices others have given you. 

Edited December 14, 2018 by QueenComley

[Ksenia_O 695]

1 hour ago, lummo said:

 

 

Which branch of the Armed Forces did you try to join? Both the Navy and Air Force are the most strict on the "2 years left" requirement:

Navy, Air Force, Coast Guard  - 10 years green card is required.

[John501 1]

14 minutes ago, Ksenia_O said:

Navy, Air Force, Coast Guard  - 10 years green card is required.

I tried to join Air force.

[Ksenia_O 695]

3 minutes ago, John501 said:

I tried to join Air force.

Yeah.. 10 years green card. I-551 stamp won't work.

 

The wait is horrible!  and I'm so sorry you are experiencing that...  

 

[MHZ 68]

I never heard of someone's case taking that long! Are you sure it is even still in progress? In all cases, the predominant recommendation applies. 1. Involve your congress man or woman. 2. Apply for naturalization. 3. File for out of normal processing times! This is excessive!

[John501 1]

11 minutes ago, MHZ said:

I never heard of someone's case taking that long! Are you sure it is even still in progress? In all cases, the predominant recommendation applies. 1. Involve your congress man or woman. 2. Apply for naturalization. 3. File for out of normal processing times! This is excessive!

 

On March --- 2013, we received your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number EAC----, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by April 24, 2013, contact the USCIS Contact Center at 

 

 

On February 25, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC---, at your local office. If you move, go to www.uscis.gov/addresschange to give us your new mailing address

 

I have two receipt numbers and that's all both says 

 

[MHZ 68]

4 minutes ago, John501 said:

 

On March --- 2013, we received your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number EAC----, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by April 24, 2013, contact the USCIS Contact Center at 

 

 

On February 25, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC---, at your local office. If you move, go to www.uscis.gov/addresschange to give us your new mailing address

 

I have two receipt numbers and that's all both says 

 

 quite the patience you have! I would have been hounding them from October 2013!

[Hypnos 6,576]

After six years I would certainly be in the processing of suing them under a mandamus action. They owe you a duty that they have failed to perform, and it is fairly easy to be able to articulate that six years is an unreasonable amount of time for an I-751 to remain pending.

 

At the very least involve one/more of your Congressional representatives (situations like this are exactly what they are there for) and the CIS Ombudsman. And if nothing happens very soon, you should consider a mandamus lawsuit.

[Diane and Chris 651]

14 hours ago, mindthegap said:

File a request for help with your congressperson and senators - some are more helpful than others. 

AND

File a request with the ombudsman HERE- this takes a couple of months.

AND

File your N-400. 

 

 

Go to an infopass and request an I-551 stamp. With a pending I-751 you ARE entitled to one. This is then your proof of status, and should enable you to go to college as you tried to do.

 

Yeah...because it means more money for the lawyer. There is no risk to filing a request for case assistance.

Your case is way out side of normal processing time and beyond ridiculous. I thought my I-715 nightmare was long at over 3.5 years now, but 6 is crazy.

 

Thanks for some real constructive information. 🌹

[Diane and Chris 651]

1 hour ago, John501 said:

I tried to join Air force.

Try to join the US Army. 

[xillini 71]

Assuming you have not much red flag (meaning your case is just within normal couple's issue) your legal fees shouldn't be that much.

 

How many lawyer have you tried? Just one? If so please hedge the risk by hiring second opinion lawyer and even third. Also have you reviewed the lawyer's site? How are their reviews? Are they American immigration lawyer associate? What's their membership?

 

Understanably ROC with divorce waiver or VAWA cases cost more than joint case but even 6500$ is not reasonable. My understanding is if it's waiver case the general lawyer fees would be around 3000-4000$. Yes there are always outflies who might charge more based on their performances but then question should go into "what can they really do when I 751 received RFE?"

 

I 751 is supposedly one of the easiest process where there isn't much technicality as well as easy forms with enough supporting documents if provided. 

 

In some cases yes lawyers might prevaricate the case to explain why certain documents are not provided but in general it doesnt require much, nor does the expensive lawyers expediate the process at all for granted. 

 

So consultation fees are too high, in which case you hired the best of the lawyer or the lawyer must be near close to fraudulent if not frivolous. 

 

Please follow other advices such as contacting Congressmen and ombudsman

[Georgia16 2,858]

OP..

 

What is the background behind all this? What visa did you enter on and for how long were you guys married? Did you have good evidence from your marriage when you submitted your ROC?

[John501 1]

46 minutes ago, xillini said:

Assuming you have not much red flag (meaning your case is just within normal couple's issue) your legal fees shouldn't be that much.

 

How many lawyer have you tried? Just one? If so please hedge the risk by hiring second opinion lawyer and even third. Also have you reviewed the lawyer's site? How are their reviews? Are they American immigration lawyer associate? What's their membership?

 

Understanably ROC with divorce waiver or VAWA cases cost more than joint case but even 6500$ is not reasonable. My understanding is if it's waiver case the general lawyer fees would be around 3000-4000$. Yes there are always outflies who might charge more based on their performances but then question should go into "what can they really do when I 751 received RFE?"

 

I 751 is supposedly one of the easiest process where there isn't much technicality as well as easy forms with enough supporting documents if provided. 

 

In some cases yes lawyers might prevaricate the case to explain why certain documents are not provided but in general it doesnt require much, nor does the expensive lawyers expediate the process at all for granted. 

 

So consultation fees are too high, in which case you hired the best of the lawyer or the lawyer must be near close to fraudulent if not frivolous. 

 

Please follow other advices such as contacting Congressmen and ombudsman

Thank you for your comment.

I have went to many different lawyers in my time. 

The first one was from Mexico.  I went him in 2014. He said that he needed a little time to work on my case and I should wait until they make a decision.  When I received the first letter I called him and told him about the letter. He said that "I will call you back " he never called me back 

(2015)The second one was an American guy.  He didn't charge me for consultation. When I showed him the letter he straight advised me find another lawyer or I should mail all the letters pictures and bills with written small notes. He wished me the best

 

The third one was an American lady. She is an attorney since 1976. I called her office for an appointment and her secretary told me that $100 for consultation. I went to her office on time she showed up after 45 minutes. I told her about my situation. She was like I have never seen a case like yours before she needed 14 hours work on this case. Which was over $8k 

She also charged me $275 for consultation 

 

(2016)The fourth one is from Turkey (in Memphis) his review was 4.5 stars. He's been an attorney for over 40 years. I contacted with him. The first consultation was $300.  He didn't showed up. His assistant came to talk to me. I told her everything about my case. She took some notes and told me tgat she would give me a call after talk to him. After two weeks she called me. She told me that she would file a new form i751 ($2500)  and she needed to work with her boss for my case. She wanted me to put down $4500 deposit pay her $350/hr and for him $550/hr. If they needed to go to out of the office there was a flat fee $1500 for every time.  I asked her how many hours would it be? She said depends between 15-25 hours.  I asked her that why would I pay for two attornies? I told her that I don't have free money to give them. She emailed me after 6 months the price was only $175/hr for her /350 for him and no deposit needed. 

 

(2016-2017) one of the church has immigrant services. It is super low cost. I spoke with one of the attorneys on the phone. She said that I should wait until they make a decision.  Because of the Election. That's it

In 2018 I called her back for file a citizenship. She didn't agree with that. I should try with another attorney and said good luck

 

(2017) I contacted with a lawyer from at Louis. He said that I need to sue uscis. I asked him how much would it be? He said close to $50k 

 

(2018) from Arkansas. She is a European lady. I straight emailed her that. I told her everything and asked her straight that if she would take my case. She said no problem just come see me at the office.  I went to her office and wttalkedd. She said that it's an extreme case. She wanted to charge me $1500 deposit $600/hr if she needs to work on the weekends $725/hr for trips $1100 plus 2hr charge. If I call her or email her she would charge me 30 minutes for each of them. 

 

(2018 ) he is forming Middle east lives in Arkansas. I emailed him.He explained everything and straight told me that he wouldn't take my case. I should contact with the congressman he didn't charge me and he was super honest to me.