LynetteMN

14 minutes ago, ChrisMcFisch said:

@LynetteMN Our immigration liaison with the Senator's office mentioned the option of filing for an expedite request, but thinks we don't have enough to prove the need for it.
However, USCIS claims to review and deal with these things in the order they are received. So how is it not a clear error on their end, when they process cases from later years and ours sit there, despite never having gotten a request for additional information, etc.

Since you spoke to lawyers, did you discuss any of this with them? Would be curious to hear what they think.

@ChrisMcFisch So we only went to one immigration lawyer so far, and all he said was to wait to hear back and there was nothing much he could do unless we want to sue USCIS, which will also take time because they have so many legal actions against them as well.
Our senator liaison just told us that our case is indeed in the local field office, and they are handling most of their backlogs so I will have to wait. He also suggested applying for citizenship.

8 minutes ago, ChrisMcFisch said:

@LynetteMN Our cases follow the exact same pattern, the last online update is that the fingerprints were added to the case in October 2022 (after it said it was ready for interview since Feb 03 2021)
(They were taken in December of 2020 - initially scheduled for late March 2020, but the country was shut down at that time, so they rescheduled them for that December.)

I have had a number of extension letters, I-551 stamps in the passport, and same here, now I have this piece of paper (I-94) where they actually even got the typing of the I-751 wrong, it reads 1-751...

@OldUser Thanks. We will look into a WoM.
Naturalization does not work for me, unfortunately. Austria generally does not allow dual citizenship and will all my family being in Austria I am not willing to give up the EU passport just yet. Covid showed that sometimes that's the only way to get back for a visit.
Will read up on a Writ of Mandamus.

Thank you, both!
 

Yeah, unfortunately, it is the same pattern.  I read on some other forum some people who submitted their cases in 2021 and 2022 already got approved, which pisses me off...  Why aren't they looking at cases in 2019??
Same here. Naturalization is not an option for me because I can't hold dual citizenship...
Here is an article on how you can submit the Mandamus yourself. Hope this helps.

42 minutes ago, ChrisMcFisch said:

Anyone else from the November 2019 filers still waiting?

We have reached pretty much the end of the rope when it comes to wait time. We do have a couple of things in life that need me to have my conditions removed and my physical card in hand at this time.

We did contact our Senator and they made an inquiry on our behalf, but all that came back is that it is ready to be scheduled for an interview (which we knew and can see online and it has been ready since Feb 2021) and that they do not provide processing times for I-751.

Case was initially in Lincoln, NE then transferred to Lee's Summit and then to Denver (which is our closest field office).

 

Hi Chris, I'm still waiting as well.. submitted 751 since Nov 2019.. got an update on Oct 2022 stating that they used the biometrics. nothing since then.. like you we did everything from submitting request online, to asking help from senators, to seeking a lawyer's advice.. nothing worked.. all they do is ask you why don't you apply for citizenship when you already can? And to wait... The latest I-551 stamp I got is on a i-94 paper.. which is another joke.. Our case was originally sent to NBC then transferred to local office and now it's just sitting there building spider webs.. I doubt they are doing anything about it at all.. 

I'm tempted to do the mandamus but we don't have 5-10k sitting around just for this..

sorry that this won't be much of help.. just me venting as well..

if you're looking to travel, the i551 stamp will get you back in the country.. I've used them a few times traveling now..

On 4/30/2023 at 8:06 PM, igoyougoduke said:

What is a Mandamus ?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) 

 

 

Here is the basic essence of wom process :

 

Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer.

 

The complaint will need the following information

1) Nature of the Complaint:

 

You can write the complaint in simple English using the above template document and asking for something like below :

 

Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751)  with  receipt number  WAC21900XXXX  and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate  hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed.

 

2) Second part is jurisdiction in the compliant .

 

You can says that the court has jurisdiction cause you live there as per  8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district  you reside if the defendant is a United States officer

 

3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X)

 

So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision  on your case in. 90/120/150 days “

 

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below 

 

You talk about the i-131/i-485/i-751 Petition you filed .  You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1)  you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . 

 

Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress  has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition 

 

To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12)  and failed to adjudicate your case as set by Congress.

 

4) Last part of the complaint is relief

 

This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end

 

That is the end of complaint and your mandamus (Writ of Mandamus) 

 

It should be about 4-5 pages max

 

5) Attachments 

You attach a print out of your i-131/485/751 receipt, green card( if applicable)  , USCIS processing time print out from USCIS.gov website

 

Along with complaint you need the following 

1) civil cover sheet 

2) summons

 

 

Here is a

link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form )

link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form )

 

 

Step 2: Filing the complaint with court:

 

Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court

 

Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons

 

Make a check for 402$ for filing fee

 

Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions

 

So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. 

 

Step 3 Serving the Complaint to defendants (USCIS/DHS) : 

So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court

 

So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court

 

Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC

 

Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers 

 

Address for US attorney can be obtained by calling your local us attorney office

 

USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485

 

Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001

 

So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS

 

The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate. 

Thank you for the awesome and detailed WOM process @igoyougoduke. I am really tempted to start the WOM process for my case. It's just a long process.
Submitted my I-751 since Nov 2019 and nothing yet. Its been 43 months and 3 weeks. I just saw another post that newer cases are getting approved faster? That is really upsetting..
And calling USCIS to get my extension ADIT stamp has been really frustrating as well. They don't allow people to set up appt to go to the field office to get the stamp anymore and they will mail you the stamp. I have to wait for 15 "Business" days for field office to contact me to inform me that they will mail it out. And its been 14 days in my books but its not in theirs.. they set the time but kept extending them... And it will take them 7 days to mail it out. By that time, I think my current stamp will be expired. Just very frustrating..  
Sorry I'm just venting... I wish and pray that someone will contact me soon. 
I saw your timeline your ROC got approved? That's great!

3 minutes ago, OldUser said:

If I was in your shoes, I would hire a lawyer for this. It's not a straightforward process and most of people use professional help.

 

However, here's DIY instructions :

 

 

 

Got it, thank you!

23 minutes ago, OldUser said:

Writ of Mandamus is an option if you don't plan to naturalize.

 

What does online status say? Did you file with divorce waiver?

How do you send in a Writ of Mandamus? Do I need to hire a lawyer to do that?
Last online status was back in Oct 2022, stating "Case was updated to show fingerprints were taken"..
No divorce waivers. We are very happily married.

16 hours ago, OldUser said:

Wow that is truly scary. Did you apply for N-400? I would imagine most of folks in this thread already got their 10 year Green Cards or naturalized.

Yes, it is scary and frustrating.

No, I have not applied for N-400 yet. and no I have not received my 10 years green card yet...  Still waiting for a response... 3 years 6months and counting....

Anyone has any advice on how do you get your field office to look at the 1751, other than proceeding with N400 will be much appreciated.

Thank you!

Hello anyone got any updates for I751 Nov 2019 submission?
I have not heard anything back at all since 2022. 

1 hour ago, hasmax80 said:

We are still waiting and has been 38 months since we filed i-751 and been waiting for interview schedule since September 2019. Our case was outside processing on June 28 and we filed an inquiry with USCIS and Senator on June 29. It is very frustrating and we are thinking of hiring a lawyer to sue USCIS if we don't here anything by August 2022.

It is really frustrating.. We went to a lawyer recently to ask what can be done to get the USCIS to work on our case.. and his advise is to wait... he said the USCIS gets hundreds of legal letter a day, and he don't think it will change much.. 
I also submitted a few inquiries to USCIS since April 2022, no response as well..
Not sure what else can we do.. I have not been home since Covid happened and I miss my family and friends.. I'm planning to go back next year.. fingers crossed I will get my GC by then.. but i doubt it...

Good luck to you..

Hi there,

It's been awhile... anyone has any updates on their I-751 filed in Nov 2019, case number start with LIN ??? At first we filed at Nebraska (2019), then they transferred to NBC (2020), then I called them last month saying that it was back to Nebraska, called again a week after now it's back to NBC.. Is this a game? I really dont know.......
Nothing from my end as well... Just got another ADIT I-551 Stamp on my passport again last week for another 1 year extension...
I just want my GC... and move forward.... from this craziness... this is so frustrating...

13 hours ago, lottles said:

 Interview completed!

Scheduled time for appointment was 9:55am. We arrived for 15 minutes early as requested and waited till nearly 11am to be called. We were out the door 7 minutes later. Very laid back gentleman swore us in, asked why I had 2 different first names (going through name change) and if we had anything new we wanted to present. We gave only this years filed taxes and last years house refinance and car purchase. The remainder of the time was spent with him explaining what happens next.

By the time we reached our car my text dinged to "card being produced". 

Filed November 2019 and interview was at Orlando office. Interview was ready to be scheduled February 2021 and was scheduled for today in the beginning of March 2022.

 

Being over prepared made us feel better but I now look forward to saving memories by choice and not necessity! 

 

Good Luck Everyone

•  

 

Congratulations @lottles!!! So glad that its all set and done for you!

Thanks for sharing your experience!

Still nothing from my end.. still waiting....  

Good luck in your next journey!!  

4 minutes ago, lottles said:

29 months will be my wait as well. Letter arrived and interview date is in Orlando on April 26th. 

That's awesome! Good luck!
Still no news for me..

15 minutes ago, lottles said:

Our paths are quite similiar.. I feel optimistic! But it all depends on your local office. Crossing fingers and toes for you. And thank you !

Thank you! I really hope so too.. Been waiting for 2 years and 4 months.. not sure how long more i'll have to wait.. 
I hope the interview will be smooth and easy for you as well.  

4 minutes ago, lottles said:

Would you look at that....got THE email today that I shall have an interview letter coming! 28 months since I filed. MSC. Orlando office has movement lol. 

 

 

Congratulations! That's awesome!! I'm so happy for you! 🥳

Nothing for me yet...  

3 hours ago, lottles said:

It is long. And I question myself at times wondering why I am fretting the wait lol. Nothing changes. One can work. One can travel. One can live with one's spouse and shop and cook and argue and love lol. And yet....come on already! 😂

Ugh. Not sure what a lawyer can do for you. You did the hard part already yourself. If I have to drive every year to Orlando for a stamp then so be it. 

I absolutely agree with you.. Lol 😄
I know lawyer sometimes can't help much, but I'm just tired of the wait.. and the silent treatments..

Hopefully we will hear something back soon.. 🤞

14 hours ago, lottles said:

Might have to travel to Canada so I took a chance and renewed passport with request to have old one returned. Should have it back in time for next 551 stamp lol. Sigh.

Sigh.. such a ridiculous long process.. I am still waiting as well.. My Info pass stamp will expire in Aug this year... the clock is ticking and no news whatsoever.. I'm so tempted to just go to a lawyer and have them handle everything from here..

3 hours ago, lottles said:

Received 24 month extension letter which expires next month lol. 551 stamp still good till July 2022. Glad I am in no hurry.....

Hi @lottles

I received an 24months extension letter too and same with you, it'll expired next month as well..  I was so excited that we got a mail from USCIS, but realized it was a for nothing!

So frustrating.. 

Did they took your conditional green card when you went and got your 551 stamp?

11 minutes ago, rasyidah said:

I mean, since the first 2 yr GC, then this 10yr one.. it's a long time coming! But I waited a year to finally be scheduled an interview.

That's great! Good for you. Congrats!
I've waited for 2 years now and still waiting..... LOL

18 minutes ago, rasyidah said:

Woke up to an update saying my interview is scheduled!!! No idea when though, will there be more info in the Notice when it arrives in the mail?

 

How long is it does it usually take after the interview to get the GC? Assuming the interview goes well...this has been almost 6 years in the making so it better go well 🤣

Congrats! Did you mean you waited for 6years for the I751 interview?

Hi all, same like you I am waiting for my ROC as well..

Submit I-751 - Nov 2019

Got extension within the same month
Got letter for biometric finger print in Feb 2020

Oct 2020 - got a online notification that case was approved and card was being produced... No NOA.. NO card received... within the same month they updated the notification to case being transferred to another service center... no news after that...

Nov 2020 - called them and asked for updates.. got the same answer to what I can already see online... asked case to be be escalated..

Dec 2020 - someone called me back and told me that my case was closed and they are reopening it... I'm not sure what that's supposed to mean..

Jan and Apr 2021 - I submitted an inquiry again.. and they told me case is being processed at my local field office and interview is needed.. again all this are just emails and no NOA from USCIS

My extension is expired on July 30th, 2021, got the I-551 ADIT stamp, for an extension.

It's been 23months now.. I'm not sure what else to do..  

Any advise from any one where to go or what to do after this?

Or just another waiting game?

No I have not submit N400 yet.. although been living in US since Feb 2017.. I'm waiting for my 10years GR!!  

Hi @alicekitty

Thank you so much for your input.

I think someone made the decision to produced the card too early, and then decided to change their mind on our case.

That's why our case was reopened, we called them a few times and asked why.. but no one can give us a straight answer.

I don't think the card was ever produced in the first place, so we cant submit a request for card lost in mail.

I just got my passport stamped for I-551 today... so we are back to the waiting game....

3 hours ago, alicekitty said:

Hi @LynetteMN I am so sorry they blocked your inquiry. I am genuinely baffled. Have you considered hiring a lawyer? 

Looks like your case is different from ours, because you did receive a notice your card is being produced. We did not. We heard nothing. More baffling is that you received another notification that your case was transferred to another service center. Why? I can't begin to fathom. What happened to the green card that was produced? Lost in the mail? 

 

I simply used that link to submit a query and they did accept my query and soon produced the green card. 

 

However, in your case, I would first investigate that first online notification: "case was approved and card was being produced."

 

Can you file a new query not regarding a case outside processing time but regarding green card lost in the mail? 

 

See this form https://egov.uscis.gov/e-request/displayNDCForm.do?entryPoint=init

 

I feel like this may be a recourse for you. Just my two cents. 

 

 

 

 

 

 

 

 

 

 

 

4 minutes ago, alicekitty said:

@LynetteMN No worries. First, check your case processing time. If it is outside the "normal" time frame (as they announced) then you can file a petition at https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

 

Check case processing time here https://egov.uscis.gov/processing-times/

 

Hope you get your case approved soon. It's so frustrating, the long wait. I can totally understand. 

 

Hi @alicekitty

Thanks for the information.
I tried that and I think they blocked me from submitting inquiry...

As I mentioned, my case timeline is quite similar to yours..

Submit I-751 - Nov 2019

Got extension within the same month
Got letter for biometric finger print in Feb 2020

Oct 2020 - got a online notification that case was approved and card was being produced... No NOA.. NO card received... within the same month they updated the notification to case being transferred to another service center... no news after that...

Nov 2020 - called them and asked for updates.. got the same answer to what I can already see online... asked case to be be escalated..

Dec 2020 - someone called me back and told me that my case was closed and they are reopening it... I'm not sure what that's supposed to mean..

Jan and Apr 2021 - I submitted an inquiry again.. and they told me case is being processed at my local field office and interview is needed.. again all this are just emails and not a letter of NOA.

My extension is expiring end of July 2021 and I called earlier this month to scheduled a appointment for extension stamp I-551 and they said someone will call back within 20days.. and today is the last day.. still no updates.... nothing...

For the past few months I have been trying to submit inquiry on my case.. and they keep telling me my case is within the processing time and not allowing me to..

It is 20months and 2 weeks now.. that's a long time...

I'm losing my mind and not sure what else to do..

On 7/9/2021 at 10:58 AM, alicekitty said:

We filed our I-751 in November 2019. Got the receipt / extension letter in December 2019. Fingerprinting in February 2020. No news after that. Frustrating wait.

 

On June 20, 2021, we filed a request with USCIS to review our case because our timeline is outside of their normal time frame (very late!). Finally on July 6, 2021 we were told the ten-year green card has been approved. On July 9, 2021 the card arrived in the mail, phew!

 

 

We filed our N-400 in November 2020. Biometrics appointment waived (they said they can re-use existing ones). No further news yet.

 

Hi @alicekitty, first of all, congratulations on your approval!
Your timeline and my timeline are the same.. can i know how did you file for a request for your case to be reviewed?

I'm getting really frustrated just waiting with no answers...

Thanks for you help.

Hi Everyone,

Hope everyone is doing well.

Any updates from anyone? I have been patiently waiting for my letter for an interview as well.. every time I submit a enquiry, the only response I got was "USCIS has reviewed your Service Request.  According to USCIS records, your file is at the ***** Field Office, and your petition is in the processing stage.  You will be notified once your interview date has been scheduled.  We apologize for any inconvenience caused by delays in processing."

SO FRUSTRATING...

But nothing can be done right now... just another waiting game.. my extension will end on July 30th, 2021 as well.. so i will have to apply set up for appt to get an I-551 ADIT stamp soon..

Any advise or updates from anyone please share..

1 minute ago, milan90 said:

How did you even reach someone at USCIS over the phone?

LOL it was a pain.. and a long wait.. but the trick is when you called just tell the operator "technical problem" and they will put you to a live agent..