d
done, not done
Feb 8, 2022
stuck on background check
I did my interview 14 months ago and I have been stuck on background check, the main problem is the time to renew the EAD. of course I would rather get my green card, but I would be fine with the EAD for a while longer since it has been 4 years already. the question is, does anybody get unstuck without sueing the government? all information I find is to sue the government, but I wonder what will happen if I don't. also wonder what will happen if I do, since some places recommend not to do so and sua USCIS may even deny your case. plus I dont want to spend 5k on it. has anybody ever been out of this nightmare without the mandamus?
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w
waiting patiently patientlyFeb 8, 2022
I did my interview January 2021 still waiting, just wait all hope not lost, trust in God and keep believing
d
done, not doneFeb 8, 2022
it is what I have been trying to do, but it is hard when you are not allowed to work.
w
waiting patiently patientlyFeb 8, 2022
was your field office ?
d
done, not doneFeb 8, 2022
Texas, and yours?
w
waiting patiently patientlyFeb 8, 2022
you would have applied for Ead again while waiting
d
done, not doneFeb 8, 2022
but the interview was in Orlando, not sure where the application is at this point.
w
waiting patiently patientlyFeb 8, 2022
queens New York
d
done, not doneFeb 8, 2022
I have applied again 13 months ago
w
waiting patiently patientlyFeb 8, 2022
things are really slow with uscis
w
waiting patiently patientlyFeb 8, 2022
which Texas field office
w
waiting patiently patientlyFeb 8, 2022
?
w
waiting patiently patientlyFeb 8, 2022
I know one was close down recently
d
done, not doneFeb 8, 2022
I don't know Texas center
w
waiting patiently patientlyFeb 8, 2022
did you change address?
d
done, not doneFeb 8, 2022
nope, there is people waiting for longer than me for their EADs
w
waiting patiently patientlyFeb 8, 2022
did you change address while before or after the interview?
d
done, not doneFeb 8, 2022
never changed address, Texas center is where the application went, Orlando is where I did the interview
w
waiting patiently patientlyFeb 8, 2022
your file for the interview is still in Orlando just be patient
d
done, not doneFeb 8, 2022
I did the interview 14 months ago. 😅
M
María mFeb 8, 2022
hey ! same situation here and I don’t know someone who was gone through the process and came out without suing , I have not idea what to do . have you talked to lawyers ? I have and they said there is anything I can do because suing
d
done, not doneFeb 8, 2022
are you going to sue? do you mind if I ask how much they charged you?
M
María mFeb 8, 2022
I am not yet . do you want to take my number and we talk more privetly ? then i Can delete the comment
d
done, not doneFeb 8, 2022
just say it and delete the comments after
peter vl.Feb 8, 2022
sue uscis, is the most effective way that you can get your case process faster, they realy affraid of that, they can't do nothing to you once you are right and you don't have any backround check, but it's expensive. they are affraind of that because once a judge rules in your favor for a case all the others people who has similar case like you has it, will be granted automaticly.
M
María mFeb 8, 2022
but Im sure people has sued them within the time we have been waiting and nothing has happened
L
LP LPFeb 9, 2022
hello 👋. same situation here. did my AOS marriage based March 2021 got a RFE after interview. response submitted accordingly after that, nothing about my case status. we did a service request and the answer was that my case is pending for background check
L
LP LPFeb 9, 2022
I'm thinking sell my car to sue USCIS. next month will be 1 year.
L
LP LPFeb 9, 2022
l have 3 years marriage 💑. the lady officer was not friendly at any moment. also my lawyer confront her because her actitud
M
María mFeb 9, 2022
what did they ask for on the RFE?
L
LP LPFeb 9, 2022
corrected dead certificate . ( just a correction)
L
LP LPFeb 9, 2022
that was what the IO requested in order to make a " final decision "🙄. lm really tired about this process. it's affecting my work, relationship, etc.... can't make a future plans on our life. and the worst thing is how this waiting game is affecting the mental health. so l just want to finish this bs. positive or negative. l don't care.
L
LP LPFeb 9, 2022
sorry about my frustration
d
done, not doneFeb 9, 2022
sorry to hear that, at least you got an action after your interview, mine has not had a single action for 14 months. my lawyer did not go to the interview with us,(EB2 work visa) the agent did not let me speak since the main applicant is my wife. I could not understand if she was ok with us or not.
M
María mFeb 9, 2022
pls let us know how is processing for suing , and how it end it up
d
done, not doneFeb 9, 2022
I decided to wait till Friday to see if there will be any updates from ombudsman. I called the lawyer and they all want a consultation first before saying how much it will cost. I guess I will have to pay it, but I wanted to know how much before having to pay 120 dollars since I have seem that some lawyers charge an insane amount
M
María mFeb 9, 2022
have you talked to the congressman ? it is the same as the ombudsman?
d
done, not doneFeb 9, 2022
no, it is different
M
María mFeb 9, 2022
what’s it then ?
d
done, not doneFeb 9, 2022
you should try both before the mandamus, so you can show that you tried everything
M
María mFeb 9, 2022
understand!!!!!
d
done, not doneFeb 9, 2022
M
María mFeb 9, 2022
is you case past processing time ?
d
done, not doneFeb 9, 2022
yes
M
María mFeb 9, 2022
wow i thought once the casé has gone after processing time they’ll resolve the case within weeks
d
done, not doneFeb 9, 2022
nope, mine is 2 years over it
M
María mFeb 9, 2022
ok I don’t get it , how it’s been 2 years since you sent the application ? how long that is it say is the processing time in your office ?
d
done, not doneFeb 9, 2022
Texas center is currently processing i-485 from July 2020, my application is from December 2017.
M
María mFeb 9, 2022
omg that’s awful ! I don’t understand
M
María mFeb 9, 2022
so do you think is the background check or they are looking into something else ? does the lawyer say anything to you ?
L
LP LPFeb 9, 2022
l believe that background check is a generic response from uscis. is just that the IO or the supervisor don't like the case be adjudicated.
d
done, not doneFeb 9, 2022
I am with you on that, but what would they do, postpone it forever? or trying to build something against me. my brother in law has been through the same thing a little before COVID, but in his case ombudsman worked for him about 15 months after the interview. maybe it is not they don't want it processed, maybe it is just on someone's desk or drawer collecting dust.
L
LP LPFeb 9, 2022
they have the power to approve or deny the cases . but when there's no reason to deny is when the case keep on hold.
d
done, not doneFeb 9, 2022
yeah, I read it is hard to deny an EB2 case if the i-140 is approved
d
done, not doneFeb 9, 2022
lately I have seem a lot of people waiting months after the interview, so I have no idea what is going on
L
LP LPFeb 9, 2022
yeah man!! that's what I learned in this process. I think I can be a lawyer for all information that I had reading.
M
María mFeb 9, 2022
but why they wouldn’t like it ? what’s the reason for the hold then ?
d
done, not doneFeb 9, 2022
the problem is that what is on internet may be old information or one's opinion. but one thing is for sure, this is not a fair process and say that they process case in order they are received is bullshit
L
LP LPFeb 9, 2022
in my case was just a RFE after interview. we did everything as suppose to do it. its almost 7 months after my response. and nothing from uscis.
M
María mFeb 9, 2022
well in my case is the background check and nothing
d
done, not doneFeb 9, 2022
the thing is, it may take anywhere from a week to 10 years. lol
M
María mFeb 9, 2022
whatttttt Noo , 10 years , how so ? why ? the office told my husband a week to a month and nothing
L
LP LPFeb 9, 2022
just that I'm in background check. and nothing about the Rfe response. l have no problem with the law a all.
L
LP LPFeb 9, 2022
so your brother in law case was hold for background check as well? what was the final decision?
M
María mFeb 9, 2022
have you seeen someone getting out of this situation ?
d
done, not doneFeb 9, 2022
I ma not sure if it was background their response, but he was approved 15 months after the interview after contacting ombudsman
L
LP LPFeb 9, 2022
many people when get desicion disappear and do no post theirs experiences through this process
d
done, not doneFeb 9, 2022
yeah, i will do a final post for people to have the reference and be gone after a month
L
LP LPFeb 9, 2022
👍
M
María mFeb 9, 2022
you mean after suing ? please let us know how it goes
L
LP LPMar 2, 2022
Hello, any update about your case?
d
done, not doneMar 2, 2022
nope, had a meeting with a lawyer to sue them. let's see
L
LP LPMar 2, 2022
👍 ok.
L
LP LPMar 14, 2022
hello. is there any update about your case?
d
done, not doneMar 14, 2022
nope, working to file a mandamus =/
d
done, not doneMar 14, 2022
actually there is, this week my EAD is arriving
L
LP LPMar 14, 2022
ok. how much your lawyer is charging for a mandamus?
d
done, not doneMar 14, 2022
the lawyer said 2500, the problem is he can't file it in Florida, so he needs help from other lawyer to file it and they charge 1500 more. I am still talking to some more lawyers to see. now that I got my EAD I have more time to think
L
LP LPMar 14, 2022
ok. l live in Florida. should be good for me to have your lawyer contact information
d
done, not doneMar 14, 2022
I tried with Wilkes legal, but as I said they can't do it in Florida, so they will have their fee + the Florida lawyer fee
b
blueberry muffinMar 30, 2022
@done, not done any updates on filing mandamus?
M
María mMar 31, 2022
hey guys after my case was in the same situation I just got approved! so keep hanging in there and trust God
L
LP LPMar 31, 2022
congratulations 🎊
L
LP LPMar 31, 2022
what is your field office?
M
María mMar 31, 2022
the interview was at Cincinnati office , i think the processing times got updated because I can see they are shortly now
L
LP LPMar 31, 2022
ok. did you sue ?
L
LP LPMar 31, 2022
today's is exactly 1 year that I did my interview.
M
María mMar 31, 2022
no , I don’t not . it got resolved but it’s own . I was 1 year and 2 months
L
LP LPMar 31, 2022
so you was 1 year 2 months on background check? and now your case was approved.?
L
LP LPMar 31, 2022
and you did nothing. just wait for Uscis to take action on your case?
M
María mMar 31, 2022
yes , one year and 2 months after the interview and now it’s approved and my case were hold for back check . nothing besides 2 inquires in which they said I need to keep waiting . it took me by sorpresa when I saw the notification.
L
LP LPMar 31, 2022
👍 ok
d
done, not doneMar 31, 2022
congratulations Maria. I did not file a mandamus yet, my EAD finally got to us and we would spend 4400 filling it. our baby is in the way and we decided to forget about for a while and use the money to buy baby stuff. we sent another message to ombudsman and they made another enquiry to USCIS. I do believe filing a mandamus is worth it, but it is also expensive so we are waiting for a little longer though not happy about it.
L
LP LPMar 31, 2022
probably I need to wait 2 months more. 🙄😅🙏
M
María mMar 31, 2022
keen hanging in the abs trust God !
L
LP LPMar 31, 2022
amen!!!
L
LP LPJul 4, 2022
done . not done. any update about your case?
d
done, not doneJul 4, 2022
had a second interview a little over a month ago, last week I opened a request they say it is pending officer review. God knows what that actually means
L
LP LPJul 4, 2022
ok. Hopefully your journey will finish soon.
L
LP LPJul 4, 2022
sadly I'm still waiting. no movement on my case
s
slick 🍫Oct 13, 2022
Hello @ done, not done…please any update with your mandamus if u finally filled. pd 2019 i130 and stuck on actively reviewed since Dec 2021. thinking of finally mandamus.

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