Larry and Daniela Giles 🇦🇴🇺🇸❤️
1d
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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K 🇺🇸 D 🇭🇳 1d
This is the thing: I have a problem with a spouse visa taking this long to begin with. The NVC can give accurate timelines and process everything in order… Why can’t USCIS?
Larry and Daniela Giles 🇦🇴🇺🇸❤️1d
@K 🇺🇸 D 🇭🇳 You're absolutely right to feel frustrated—I am probably in a worse position as a USA CITIZEN BORN IN MD ,My PD IS December 15/2023 and haven’t heard anything from them ,our case have been in progress since we applied .
But let’s continue with patience and faith our time will come .I
found this information:
**USCIS's lack of transparency and unpredictable timelines** for I-130 petitions (compared to the more structured NVC process) is a longstanding issue. Here’s why USCIS delays happen and what you can do:
---
### **Why USCIS Lacks Clear Timelines (Unlike NVC)**
1. **Volume vs. Resources**
- USCIS handles **millions of petitions** (I-130s, work permits, citizenship apps, etc.) with limited staff.
- NVC only processes cases **after USCIS approval**, so their workload is narrower and more predictable.
2. **Security Checks**
- USCIS runs background checks (FBI, DHS, etc.) that can stall cases **without explanation**.
- NVC’s checks are more standardized (police certificates, DS-260 review).
3. **Discretionary Processing**
- USCIS has broad authority to delay cases for "additional review."
- NVC follows strict **Department of State** procedures with defined steps (document submission, interview scheduling).
4. **No Legal Deadline**
- Unlike NVC (which must schedule interviews within months), **USCIS has no legal timeframe** to approve I-130s.
- Their posted "processing times" are **estimates**, not guarantees.
---
### **What You Can Do**
#### **1. Force Accountability**
- **Mandamus Lawsuit**: If your I-130 is **2+ years pending**, suing USCIS (via a lawyer) often forces a response within **60-90 days**.
- **Ombudsman + Congress**: Escalate repeatedly—some offices prioritize cases under scrutiny.
#### **2. Document Everything**
- Save proof of delays (USCIS receipts, service requests).
- Log **every interaction** (dates, agent names, reference numbers).
#### **3. Public Pressure**
- File a **FOIA request** to see if your case is stuck in "security checks."
- Contact media/NGOs if delays are egregious (e.g., **3+ years** with no updates).
#### **4. Prepare for NVC**
- Once USCIS approves, **NVC moves faster** (typically **3-6 months** to interview). Gather:
- Police certificates
- Financial documents (I-864)
- Civil documents (translated)
---
### **Key Takeaway**
USCIS delays are systemic, but **action beats waiting**. Push back legally (mandamus), politically (Congress), and publicly (FOIA/media) if needed.
. Let’s Stay strong—our persistence *will* pay off.
Ayusha chettri 1d
is this for f2a
Larry and Daniela Giles 🇦🇴🇺🇸❤️21h
@Ayusha chettri I think for all .
Ayusha chettri 19h
@Larry and Daniela Giles 🇦🇴🇺🇸❤️
I am asking that 17 months is for f2a green card holders who file for their spouse & children or citizens who file for their spouse & children
Judy Loc17h
You can search youtube 'writ of mandamus pro se' many people got help with mandamus from there.
