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AOS pending for 20 months... Need help...

AOS pending for 20 months... Need help...

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Old Jun 15th 2007, 11:53 pm
  #1  
-Shan
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Default AOS pending for 20 months... Need help...

Hi all,

Can anyone tell me what should I do to get my pending AOS (I-485) to
move??
I started as H1B and filed AOS in Sep 2005.. still waiting for
approval, travelled twice on AP abroad, on query they told its pending
for security checks. They moved my application from CSC to NSC..

Please advice me what options I have to get it moving some how..

Thanks
Shan
 
Old Jun 16th 2007, 12:05 am
  #2  
njcatahan
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Default Re: AOS pending for 20 months... Need help...

On Jun 15, 4:53 pm, Shan <[email protected]> wrote:
> Hi all,
>
> Can anyone tell me what should I do to get my pending AOS (I-485) to
> move??
> I started as H1B and filed AOS in Sep 2005.. still waiting for
> approval, travelled twice on AP abroad, on query they told its pending
> for security checks. They moved my application from CSC to NSC..
>
> Please advice me what options I have to get it moving some how..
>
> Thanks
> Shan

getting your application moved to a different service center isn't
really a big deal. if all other factors are approvable and the only
reason you are waiting is the security check, you might have the
option of filing a mandamus (aka sue the us gov't agencies that
handled your aos). you definitely will want to contact an attorney if
you want to do that. if you are worried that mandamus' seems too big
of a step, don't worry, mandamuses are more common then people would
think. it doesn't really involve a big pomp and circumstance as one
might think from my description "sue the us gov't agencies that
handled your aos"
 
Old Jun 16th 2007, 12:07 am
  #3  
njcatahan
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Default Re: AOS pending for 20 months... Need help...

On Jun 15, 5:05 pm, [email protected] wrote:
> On Jun 15, 4:53 pm, Shan <[email protected]> wrote:
>
> > Hi all,
>
> > Can anyone tell me what should I do to get my pending AOS (I-485) to
> > move??
> > I started as H1B and filed AOS in Sep 2005.. still waiting for
> > approval, travelled twice on AP abroad, on query they told its pending
> > for security checks. They moved my application from CSC to NSC..
>
> > Please advice me what options I have to get it moving some how..
>
> > Thanks
> > Shan
>
> getting your application moved to a different service center isn't
> really a big deal. if all other factors are approvable and the only
> reason you are waiting is the security check, you might have the
> option of filing a mandamus (aka sue the us gov't agencies that
> handled your aos). you definitely will want to contact an attorney if
> you want to do that. if you are worried that mandamus' seems too big
> of a step, don't worry, mandamuses are more common then people would
> think. it doesn't really involve a big pomp and circumstance as one
> might think from my description "sue the us gov't agencies that
> handled your aos"

btw you are suing them to take action, not for any monetary or law
changing reason.
 
Old Jun 16th 2007, 12:13 am
  #4  
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Default Re: AOS pending for 20 months... Need help...

Originally Posted by -Shan
Can anyone tell me what should I do to get my pending AOS (I-485) to move?
There is nothing you can do. It will take as long as it takes. Mine took 32 months. The wheels turn slowly... but they do turn.

Ian
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Old Jun 16th 2007, 1:00 am
  #5  
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Default Re: AOS pending for 20 months... Need help...

Originally Posted by ian-mstm
There is nothing you can do. It will take as long as it takes. Mine took 32 months. The wheels turn slowly... but they do turn.

Ian
32 MONTHS? ........... I had no idea...
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Old Jun 16th 2007, 2:12 am
  #6  
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Default Re: AOS pending for 20 months... Need help...

Originally Posted by Elvira
32 MONTHS? ........... I had no idea...
Yup... June 98 to February 01. And y'know what? I didn't once worry or complain that it was taking a long time.... so I have to smirk when people worry that after 6 months (or 20 in this case) nothing has happened.

Ian
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Old Jun 16th 2007, 7:40 pm
  #7  
peterl2k2
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Default Re: AOS pending for 20 months... Need help...

On Jun 15, 10:12 pm, ian-mstm <[email protected]>
wrote:
> > 32 MONTHS? ........... I had no idea...
>
> Yup... June 98 to February 01. And y'know what? I didn't once worry
> or complain that it was taking a long time.... so I have to smirk
> when people worry that after 6 months (or 20 in this case) nothing
> has happened.
>
> Ian
>
> --
> Posted viahttp://britishexpats.com

USCIS is no longer routinely requesting the FBI to expedite a name
check when the only reason for the request is that a mandamus (or
other federal court petition) is filed in the case. USCIS may continue
to request an expedited FBI name check if the case meets one of the
other approved criteria, including:

1. Military deployment,
2. Age-out cases not covered under the Child Status Protection Act,
and applications affected by sunset provisions such as diversity
visas,
3. Significant and compelling reasons, such as critical medical
conditions, and
4. Loss of social security benefits or other subsistence at the
discretion of the USCIS District Director.

- http://www.greencardapply.com/news/n...ews07_0322.htm
 
Old Jun 16th 2007, 10:10 pm
  #8  
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Default Re: AOS pending for 20 months... Need help...

Originally Posted by ian-mstm
There is nothing you can do. It will take as long as it takes. Mine took 32 months. The wheels turn slowly... but they do turn.

Ian
You can file a mandamus. The judge can order CIS to get their arse in gear. This is regardless or not of whether they refuse to request an expedited check from the FBI.
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