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-   -   Any other steps we could be taking? L1 to Green Card (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/any-other-steps-we-could-taking-l1-green-card-895112/)

mum 2 3 Apr 7th 2017 6:06 am

Any other steps we could be taking? L1 to Green Card
 
We came over in 2012 on individual L1 (plus L2 wife and 3 kids) After 3 years we renewed the L1 and also filed to adjust to green card (concurrent). EB1C.
I140/I485 receipt date July 2015. In May 2016 we got an RFE for the I140 which was quickly replied to and that was approved early July 2016.
Since then we have had no progress on the I485. Our lawyers have chased it and just been given the standard "its under review wait 60 days" after that time a new enquiry is raised with the same result.

We had an INFOPASS appt on Feb 28th 2017 and were told we would receive a response within 30 days. We didn't. I raised a new enquiry online and they have come back immediately with wait 60 days.
We are due to go home for Easter. We will have less than a week on the original visa when we come back but have a new approved extension till 2019.

I have chosen not to try to get new visas this visit as worried about ties to UK,apart from family we have none. Also as its a holiday break there wouldnt have been enough time without the kids missing school. We have been in the US for nearly 5 years and have a pending green card application. We sold our UK house. We did all have AP but it ran out in October last year. We reapplied in October and 4 of us have received either the combined AP/EAD card or the paper forms but 1 child has not yet been approved (he is 11!)

My OH said he could plan a trip to UK to get a new visa in May. This is less risky. If he gets approved then we would have to take another trip to UK to get the rest of us new visas. If they dont approve it then he could use his AP card to enter.

Nebraska was processing applications from July 2016 at the end of January. We are a year ahead of that. Friends who work for the same company applied a month after us and got their green cards a year ago.

Our lawyers seem to want us to do the chasing and say there is nothing more they can do, except hope for a medical RFE as it is well over a year since we had them so not expecting an approval straight off now anyway as we will need to get that redone.

On the trakkit forum people seem to go to an ombudsman and even higher.

Is there anything else we can do? I have filled in a form for the congressman to look into it and will have my husband sign that and post tonight.

I am worried it has fallen into a black hole and no-one has even laid eyes on it since 2015.

Without new visas or AP for all of us, we will be landlocked from May. With aging parents this is a concern.

If there is some other process we could be initiating, or any other ideas they would be gratefully received.

After I lost it a bit this morning (OH called for update yesterday and was told its approved but has gone for visa processing, which didn't make sense so he called today with me on the line and they must have input an incorrect number yesterday as its still in line for review) he has emailed his boss to say if it cant be sorted we will head back to the UK.

That wasnt our long term plan but not sure how long I can cope being in limbo. I know theres much worse problems out there but I haven't even booked summer camps as Im not sure we will get back in after Easter.

Sorry for rambling but hopefully some of you will understand where I'm coming from...

ian-mstm Apr 7th 2017 6:19 am

Re: Any other steps we could be taking? L1 to Green Card
 

Originally Posted by mum 2 3 (Post 12223980)
We will have less than a week on the original visa when we come back but have a new approved extension till 2019.

So long as the 5 visas are unexpired, they remain valid travel documents right up to the day they expire. AP shouldn't be needed for any of you.



Without new visas or AP for all of us, we will be landlocked from May. With aging parents this is a concern.
I agree - that's a tough situation to be in.



... people seem to go to an ombudsman and even higher.
I would get your state representative or federal congressman involved and perhaps approach it less from a position of "what about our green cards", and more from a position as future US citizens who can and will vote!

Ian

fbf2006 Apr 7th 2017 6:55 am

Re: Any other steps we could be taking? L1 to Green Card
 
I'm so sorry your AOS application is taking so long! I don't know how it works when you file the I-140 and I-485 concurrently. It seems like the clock on the I-485 didn't start till the I-140 was approved, so maybe look at your I-485 receipt date as July 2016. According to USCIS, this is where Nebraska is (although I've seen approvals in later months). . Hopefully you hear something really soon! Have you reached out to your congress person? That might help.

Nutmegger Apr 7th 2017 8:58 am

Re: Any other steps we could be taking? L1 to Green Card
 

Originally Posted by mum 2 3 (Post 12223980)


Is there anything else we can do? I have filled in a form for the congressman to look into it and will have my husband sign that and post tonight.

I am worried it has fallen into a black hole and no-one has even laid eyes on it since 2015.

Can you not telephone your congressman's office rather than using snail mail? I called when my naturalization application disappeared for eighteen months or so. He had a immigration liaison who swung into action and got me an interview immediately.

Orangepants Apr 7th 2017 9:01 am

Re: Any other steps we could be taking? L1 to Green Card
 
I agree, calling works. When I was having issues getting a driving licence - took 11 months - I called the SO and within 5 days I had my licence.

PeterFrank Apr 7th 2017 11:30 pm

Re: Any other steps we could be taking? L1 to Green Card
 
I had my local senator get involved. It took about 1 month from doing this to receiving my card. Well worth trying. Their office admins are accustomed to helping. As long as you are beyond the website time frames they will help.

As Ian said I pitched the USC route and I also pitched the mortgage settling down route. Your family situation is something worth pitching to the senate office for sure.

Good luck.

jsted Apr 9th 2017 9:58 am

Re: Any other steps we could be taking? L1 to Green Card
 

Originally Posted by fbf2006 (Post 12224025)
I'm so sorry your AOS application is taking so long! I don't know how it works when you file the I-140 and I-485 concurrently. It seems like the clock on the I-485 didn't start till the I-140 was approved, so maybe look at your I-485 receipt date as July 2016. According to USCIS, this is where Nebraska is (although I've seen approvals in later months). . Hopefully you hear something really soon! Have you reached out to your congress person? That might help.

Then what is the point of filing concurrently if your i485 clock starts once the i140 is approved?

Thought the whole idea was to cut the time to GC as all the preamble is done prior to the i140 getting approved

fbf2006 Apr 9th 2017 11:58 am

Re: Any other steps we could be taking? L1 to Green Card
 
I don't really know the point of fling concurrently. It probably helps in some way. There has to be an approved petition before the I-485 is looked at. To cut the time to GC, filing the I-140 using premium processing seems like the way to go. It seems the OP's husband's I-140 was not filed using premium processing so it took a year (instead of 15 calendar days) for them to get an RFE or get approved.

Olly_ Apr 10th 2017 2:45 am

Re: Any other steps we could be taking? L1 to Green Card
 
You can't file EB-1C petitions with premium processing unfortunately.

mum 2 3 Apr 24th 2017 3:44 am

Re: Any other steps we could be taking? L1 to Green Card
 
Well we have some action. We have now received RFEs. Our medicals are out of date and need to be redone. Fingers crossed once they receive the new medical forms we will get the approval. It feels better that someone is hopefully looking at our application now and its not fallen into a black hole.

mum 2 3 May 12th 2017 7:07 am

Re: L1 to Green Card UPDATE
 
Good news. After they received the new medicals (2nd May) we got the approval fairly quickly (8th May) and got the Welcome to America letters today! (been here nearly 5 years but now permanent) Approval letter says green cards will take up to 3 weeks, but online shows them as dispatched so will see which is true. Thanks for the support along the way. Just 5 years till the next step....

Olly_ May 12th 2017 7:08 am

Re: Any other steps we could be taking? L1 to Green Card
 
Congratulations! :)

fbf2006 May 12th 2017 2:34 pm

Re: Any other steps we could be taking? L1 to Green Card
 
Congratulations!!

nudda May 13th 2017 1:31 am

Re: Any other steps we could be taking? L1 to Green Card
 
Hearty congraulations!!!

mum 2 3 May 13th 2017 9:29 am

Green Card Achieved!
 
Green cards arrived today!!


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