Should I hire an attorney?

[Ruthanne 0]

I need some advice on what to do now. I am in the black hole of waiting for security checks to clear. We filed March 2006. I have done everything I can. I have called USCIS several times for outide normal processing times. I have called a congressman and 2 Senators. Today I got a letter stating this can sometimes take years. Background checks are still pending. We cannot speculate about when the background cheks will be completed. USCIS has determined that no documentation related to the case will be issued at this time. They realize I may be frustrated by the progress of my case, but they must balance individual inconvenience against broader issues of public safety and national security. WE hope that hte recognition that your case has not been forgotten lessens any anxiety from the delay in the adjudication. So what can an immigration attorney do for me that I have not already done??? Any thoughts?

[Dan J 277]

I need some advice on what to do now. I am in the black hole of waiting for security checks to clear. We filed March 2006. I have done everything I can. I have called USCIS several times for outide normal processing times. I have called a congressman and 2 Senators. Today I got a letter stating this can sometimes take years. Background checks are still pending. We cannot speculate about when the background cheks will be completed. USCIS has determined that no documentation related to the case will be issued at this time. They realize I may be frustrated by the progress of my case, but they must balance individual inconvenience against broader issues of public safety and national security. WE hope that hte recognition that your case has not been forgotten lessens any anxiety from the delay in the adjudication. So what can an immigration attorney do for me that I have not already done??? Any thoughts?

Unfortunately, with the heightened requirements for security screening due to threats of terrorism, extra processing time is not uncommon for those going through countries in the middle east or North Africa.

So far they haven't told you that you have been denied, but yes, you are way outside of regular processing times. When you called the USCIS, did you follow the RFE prompts, or did you just talk to someone at the national call center? The RFE prompts will get you to someone in the service center with your case, and they usually have better information than the national call center does.

[Ruthanne 0]

This was a letter I got from immigration after I called and my Senator contacted them on an inquiry. I am just wondering if hiring an attorney would be of any benefit to me and in what way could they help now? Or am I just stuck waiting the years they are saying it will take?

Edited July 2, 2007 by Ruthanne

[pushbrk 12,136]

This was a letter I got from immigration after I called and my Senator contacted them on an inquiry. I am just wondering if hiring an attorney would be of any benefit to me and in what way could they help now? Or am I just stuck waiting the years they are saying it will take?

I think it is unlikely an attorney can speed things up unless it is to file a lawsuit. Attorneys don't have any extra access to information about your case. A free first consultation couldn't hurt though.

[Ruthanne 0]

I think it is unlikely an attorney can speed things up unless it is to file a lawsuit. Attorneys don't have any extra access to information about your case. A free first consultation couldn't hurt though.

When you say file a lawsuit on what grounds could i file a lawsuit and against who?

[love my Nour 5]

What I would like to know is why is it taking so long for you, when others who have beneficiary's in Morocco have been approved?

Seems like something is not right here. Hope you have good luck with this if you haven't already gotten your approval.

I am also still waiting and received my NOA1 on April 10. I am now over 90 days of waiting.

GOOD LUCK

[Turboguy 6]

Yes, you should hire an attorney. Once you go past the one year point or so that is the best course of action. I am not so sure that an immigration attorney is the right answer though. You may need one that practices Federal Law.

The action you want to file for is called a "Writ of Mandibus" It is basically an action that forces the government to take an action when they have been delaying unnecessarily. It will get you out of Administrative Review. Usually they just release your file rather than go through the expense and time of a federal trial so typically it will force an approval. You do run the risk of a denial but at least it will be settled.

If you happened to read the Immigration Ombudsman report he talked about the goverment being faced with many of the Mandibus actions because of the delays they have had with A/R's

Good Luck.

[athena_ny 1]

Yes, you should hire an attorney. Once you go past the one year point or so that is the best course of action. I am not so sure that an immigration attorney is the right answer though. You may need one that practices Federal Law.

The action you want to file for is called a "Writ of Mandibus" It is basically an action that forces the government to take an action when they have been delaying unnecessarily. It will get you out of Administrative Review. Usually they just release your file rather than go through the expense and time of a federal trial so typically it will force an approval. You do run the risk of a denial but at least it will be settled.

If you happened to read the Immigration Ombudsman report he talked about the goverment being faced with many of the Mandibus actions because of the delays they have had with A/R's

Good Luck.

Mandamus. Not Mandibus.

[pushbrk 12,136]

This was a letter I got from immigration after I called and my Senator contacted them on an inquiry. I am just wondering if hiring an attorney would be of any benefit to me and in what way could they help now? Or am I just stuck waiting the years they are saying it will take?

I think it is unlikely an attorney can speed things up unless it is to file a lawsuit. Attorneys don't have any extra access to information about your case. A free first consultation couldn't hurt though.

It's not really a lawsuit. It's a writ of Mandamus to force the government to act on the case. It's a last resort kind of thing.

[Ruthanne 0]

Yes, you should hire an attorney. Once you go past the one year point or so that is the best course of action. I am not so sure that an immigration attorney is the right answer though. You may need one that practices Federal Law.

The action you want to file for is called a "Writ of Mandibus" It is basically an action that forces the government to take an action when they have been delaying unnecessarily. It will get you out of Administrative Review. Usually they just release your file rather than go through the expense and time of a federal trial so typically it will force an approval. You do run the risk of a denial but at least it will be settled.

If you happened to read the Immigration Ombudsman report he talked about the goverment being faced with many of the Mandibus actions because of the delays they have had with A/R's

Good Luck.

Thank you so much for your response. If they deny my case then there are steps you can take also correct?

[Turboguy 6]

Most denials give you the right to appeal. It can depend on the circumstances. I think if you filed for a writ of Mandamus and they denied you there is no appeal. You forced and action and they took it.

Sometimes there are other courses, such as if you are turned down for a K-1 you can marry and file for a K-3