Restart Green Card Process? (Belle, JoeF Please Advice)

[unagaraj]

Hi,

 

This is regarding an inordinate delay in receiving my wife's green card. I would like your opinion on whether I should re-apply for my wife's permanent residency through the Family based category. 

 

A little background to my case. I filed my green card application (Employment based, EB-2 Category, Country of birth: India, Priority Date is Nov 2, 2006). I received my green card in July 2011.

 

My wife's was filed as derivative applicant when mine was filed, but her green card is yet to come. Over the last couple of years our priority date has become current at least twice, but there is no green card in sight yet for my wife.

 

Even this month (Aug and Sep bulletins) the priority date shows up as being current. 

 

Secondly, USCIS sent an RFE (in error) to my wife in June asking for her details. Later that month they sent a notice stating that the RFE was sent in error and that we do not have to respond to it. The error was made because the RFE was intended to principal applicants and not derivatives. The USCIS website still indicates that the RFE is pending. I called them up and they mentioned that the RFE has been cancelled and there's no need for us to do anything. I'm taking their word for it and not doing anything.

 

The USCIS Customer Care agent also mentioned that my wife's application was pre-adjudicated in March 2013, though I have no idea what that means, and the agent would not explain.

 

At this point, it seems like we have 2 options, file a Writ of Mandamus or file a family based petition (since I already have a GC and we have kids who are US born citizens here). Does anyone think this is meaningful?

 

Belle, JoeF (any anyone else knowledgeable in this matter) could you please give me some advice? You have given me excellent advice in the past, and I highly value your opinion.

 

Since you've read so far, I will throw in a couple of other things. Sometime in 2011 (before I received my GC), my wife was called in for an interview with an immigration officer since her fingerprints could not be captured. This was in San Jose and our application is filed at the Texas Service Center. Could it be that her file is lost somewhere? The IO mentioned that there was no problem with our application and we should receive her GC once mine is approved. I still have that letter with me.

 

We have also just written to the Senator asking for help, but I hear that it's a very slow process to get help from the senator's office.

 

Thanks,

-Uday

 

[pontevecchio]

It is extremely fast and easy to get the help of a Federal Senator. It is even easier if you have a Lawyer intervene with the Senators Office. Find out who your Federal Senator is and call and speak to the person dealing with Immigration matters and also send them mail with details asking for help.

[Belle]

I don't think filing in the family based category is going to help you right now. If the dates retrogress again, and by long, then by all means file an I-130. It is unlikely, however, that her FB case will become current faster than EB case, so I don't think you need to do it, unless this all drags on until you become a citizen.

 

Here is what I would do:

1. Open a service request for long processing. If not approved in two weeks after that,

2. Report a case problem with the CIS Ombudsman.

Then, if the date remains current and still not approved, consider preparing a Mandamus case.

[unagaraj]

Thanks Pontevecchio and Belle. We will contact Senator Dianne Feinstein's office and see what information we can get. Will post later with the info I could get.

 

Thanks,

-Uday

[pontevecchio]

A very good idea to talk to Feinstein's Office.