How long can a case be pending ?

Question

We have been married for over 4 yrs have a 18 month old child now & filed 130 & 485 4yrs ago, we have reapplied for work auth 4 times, well 5 after this month. We go & inquire about our case & which they tell us our case is pending still. Our lawyer has sent over requests several times as we have to pay for every one. We have written our congress person several times. What is the next step? Are there laws in place to help us? Who does INS have to answer to ? Does the district office have a boss or manager, we asked they informed us to call the 800 number in which the 800 number only takes information down & passes it onto the district office. Yeah figured that out about 3yrs ago.
Anyway , Has this happened to anyone else?

Answer 1

On a case by case basis, each case takes as long as it is needed. There's no fix time. Some case takes no time, some takes forever.

Answer 2

Citizenship and Immigration Services Ombudsman

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The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS). As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. The CIS Ombudsman:



Assists individuals and employers in resolving problems with USCIS;

Identifies areas in which individuals and employers have problems in dealing with USCIS; and

Proposes changes to mitigate identified problems.

In the Spotlight

USCIS' September 30, 2008 Response to the 2008 Annual Report to Congress (PDF, 24 pages - 168 KB) - New 10/9/2008

CIS Ombudsman Recommendations on USCIS Processing Delays for Employment Authorization Documents - New 10/1/2008

Updates to Questions & Answers from CIS Ombudsman's Teleconferences:

U Visa: One Year After the Interim Final Rule August 26, 2008





hope they can help you www.dhs.gov/cisombudsman

Answer 3

There is no limit on how long processing takes, but if your priority date has passed, they need to investigate what the problem is. Have you had fingerprinting, if you have had that then maybe the holdup is in the FBI not getting the report back. Which office did you file at?

BTW, I don't think your lawyer is much good if you are paying him and still here asking for advice.

Answer 4

INS does not exist any more. It is now US Citizenship and Immigration Service (CIS) and their boss is Department of Homeland Security (DHS).



It sounded that she is jammed in Security and Name check clearance which is done by FBI. That has nothing to do with USCIS or DHS.

Or it seems like USCIS lost your wife's application. You should make an appointment and go to local USCIS office and request to look for them. In that case, you must have all the original of documents and Receipt Notices with A number of all your applications.



https://infopass.uscis.gov/info_en.php



Technically they can put an application pending as long as they want to.

Answer 5

There is something wrong which Immigration is not telling you. Either your name is on some sort of suspect list or your file is misplaced. Or immigration suspects fraud.



You need to go back to the office where your interview was held and demand to speak with Section Chief of Adjustment Unit. And go back once every month.



This is totally outrageous.

Answer 6

If you are past your priority date, it really should not take 4 years. If you are married to a USC, it should probably take about 2-3 years, but to a resident it could be longer. Each situation is different, and the most I guess you can do is speak to another attorney to see if there is anything you current attorney is missing. I know it's frustrating, but there is also a back log due to them processing citizenship faster.

good luck