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For I130 December 2023 fillers that are still waiting:
It sounds like your I-130 petition is experiencing delays beyond the posted processing time (17 months), and you're unsure about next steps. Here’s a breakdown of your concerns and what you can do: --- ### **1. Why Is Your Case Delayed?** - USCIS processing times are **estimates**, not guarantees. Delays can happen due to: - Backlogs at your specific service center. - Additional security/background checks. - Missing evidence or requests for further documentation (if you missed an RFE, for example). - Administrative errors or workload fluctuations. --- ### **2. What Should You Do Now?** #### **a. Follow Up with USCIS First** - **Check Case Status Online**: [USCIS Case Status](https://egov.uscis.gov/casestatus/) - **Submit an Inquiry**: If your case is outside normal processing time, file a **"Case Outside Normal Processing Time"** request via [USCIS e-Request](https://egov.uscis.gov/e-request/). - **Call USCIS**: Dial 1-800-375-5283, say "Infopass" to reach a live agent, and ask for an update. - **Request Expedite**: If you have a valid reason (e.g., medical emergency, military deployment), request an expedite. #### **b. Follow Up with Your Congressman/Senator** - **Congressional inquiries CAN help**, but they’re not guaranteed to speed up your case. - **If they didn’t respond**: - **Call their office** (better than email). - **Visit in person** if possible (bring your case details). - Try contacting **your U.S. Senator’s office** (they often have dedicated immigration liaisons). #### **c. Consider a Writ of Mandamus (If All Else Fails)** - **What is it?** A federal lawsuit to force USCIS to make a decision. - **When to file?** Only if: - Your case is **long overdue** (e.g., 6+ months past the stated processing time). - You’ve exhausted all other options (USCIS inquiries, congressional help). - **Cost?** $5,000–$10,000 (attorney fees + filing fees). - **Timeframe?** Usually forces a decision within **30–90 days** if successful. --- ### **3. What to Expect Next?** - If USCIS is simply backlogged, they may approve it soon. - If there’s an issue (like an RFE you missed), they’ll notify you. - If no response after inquiries, **mandamus may be your last resort**. --- ### **4. Is Mandamus Worth It?** ✅ **Yes, if:** - You’ve waited **far beyond** processing times. - You need urgent resolution (e.g., family separation, visa expiration). - You can afford the legal fees. ❌ **No, if:** - You haven’t tried USCIS inquiries/congressional help first. - Your delay is only slightly over the posted time. --- ### **Next Steps Summary** 1. **Check USCIS case status & submit an inquiry.** 2. **Call USCIS for updates.** 3. **Follow up with Congressman/Senator (call/visit).** 4. **If still nothing, consult an immigration lawyer about mandamus.**
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Help..
Anyone in the same boat? how long do I have to wait to get an answer? Ik they said 90days but... FO MINNEAPOLIS SAINT PAUL MN PD 03/21/23 On 03/29/2025, you or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following: Caller indicated they are: -- Applicant or Petitioner Case type: -- I485 Referral ID: SR×××××000000SPM Type of service requested: -- Outside Normal Processing Times The status of this service request is: Thank you for contacting USCIS concerning the above-referenced application. Below is a summary of what we have found. We are experiencing a high volume of applications. Your case is awaiting review. You do not need to do anything at this time. If we need any information from you, we will mail you a request for evidence at your current address on file with USCIS. When we make a decision on your case, we will mail a notice to you or your representative at the address you gave us. Please note that processing times are estimates and are not a guarantee that applications will be processed within a specific timeframe. Individual processing times vary. Once further action is taken, notice will be sent to the address of record. It is important that you carefully follow the instructions outlined on any future notice that you might receive. We assure you that we are working to complete the adjudication of your application as quickly as available resources allow. If you have not received notice of further action within 90 days of this response, please feel free to submit a new request to the USCIS Contact Center for additional assistance. If your receipt number begins with IOE, please consider activating your USCIS online account at myaccount.uscis.gov. You can use your account to get your current case status, access every notice we send you, and offers the capability to scan and upload any USCIS requested documents. You can also send messages and receive answers through a secure inbox. Address Changes; If you move, please provide us with an updated address. For more information about address changes, please visit our website at uscis.gov/addresschange, and click on "How to Change Your Address." To ensure that all mail is delivered as addressed, please also ensure that you are registered with the U.S. Postal Service (USPS) to receive mail at the address of record you have provided to USCIS. For questions about your application, you can use our many online tools (uscis.gov/tools) including our virtual assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact Center by visiting uscis.gov/contactcenter. The USCIS website also provides detailed information about policies and procedures, and you can download and e-file forms from the website.
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