485 Status

[aniatmurthy]

My I485 was applied in EB3 category in 2007. EB2-140 was approved from diffrent employer in June 2012 and its priority dates are current from 1st Oct. USCIS L2 customer service confirmed recently, it is still being processed under EB3 despite sending Interfiling email/letters to USCIS. Recently, USCIS customer service responded back saying applications are at Miami local office which has jurisdiction now and they can't help further. Finally few days ago, I initiated Congressional enquiry after becoming current for a while. They got the response 2 days ago that I485 applications are with ICE. Online/Phone status of I485 status still shows pending. Both of our EAD/AP renewals were approved just 4 weeks ago.

I'll get in touch with my attorney representation (non-local) but wondering if Belle/Murthy attorneys would recommend anything specific on this update. Appreciate your advice, thanks very much.

[Belle]

Did you do a simple service request to move to EB2?

[aniatmurthy]

Hi Belle, Thanks much for your response.

1) I reached to L2 officer to link to already submitted I485. They generated SR request (response rcvd, USCIS don't have jurisdiction)

2) Also, sent email to NSC to interfile to EB2 (response rcvd, USCIS don't have jurisdiction)

3) Sent letters to NSC and Miami Field Office where I was told the case is pending (no response received)

Then I reached to Congressional enquiry after 5 months of EB2 approval who communicated me that the files are pending with ICE Cheif Counsel (in different state than my current residence or lived ever). Never committed any crime, no driving violation/DUI/arrest etc. Thanks again and appreciate any input as to how to move forward.

[Belle]

Why would the USCIS not have jurisdiction? It's an I-485 case, not CP, so they do. The ICE should not have it.

I am going to suggest a Writ of Mandamus lawsuit.

[aniatmurthy]

Thanks Belle, I'm not familiar with that term. Do I need to hire some attorney to pursue that Mandamus?

Also, what would be the reasons for the case to be with ICE in different state?

[Belle]

Well, it's like answering a question "do I need to hire someone to install a new hard drive on my computer"? Depends on your abilities and aptitude for legal stuff. The fact that you are not familiar with Writn of Mandamus probably means that yes, you need to hire someone.

[aniatmurthy]

Thanks Belle again, I agree on your suggestion on attorney hiring. As I started reading more, it seems ICE primarily deals with removal proceedings and I really don't know why it is there in my case yet. Would you still recommends a writ or something else? much appreciate your time and recommendations.

[aniatmurthy]

Hello Belle/Murthy Attorneys - any advice on my last question please? Thanks very much again for your time.