My wife is a U.S. citizen. I applied filed forms I-485 and I-130 at the same time in 2019, but they still have not been approved. My EAD card has expired with the extension. I tried to contact USCIS over the phone and tried to go through Congress numerous times. I keep getting told my application is in review. This should be out of the normal processing times. What should I do?
Answers
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyThis is a very long wait for an immediate relative petition - you can request a formal expedite if you meet the criteria or you could file a writ of mandamus suit to compel USCIS to adjudicate the case. You can renew your EAD/AP indefinitely while the I-485 is pending.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf none of the inquiries and procedures have worked, and you believe the delay is unreasonable, then you may want to explore a mandamus legal action.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou definitely should extend your work and travel permit as long as necessary when I-485 is pending. Do you also have conditional residence through EB-5? That may be delaying your case.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyFile a petition for a writ of mandamus.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou could file a lawsuit, but I suggest having a lawyer review what you filed to see if there is anything wrong.
Sunwook Sunny An
Find an EB-5 Visa Lawyer: Immigration AttorneyThis case seems like a good case for filing a Mandamus lawsuit. Marriage case to US citizen should not take this long.
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