Legal Question in Immigration Law in Florida

I130 Approved I485 in Congresional

I am a citizen and applied for my husband's residence 4 years ago. After an ''Intent of Denial'' of my I130, we received a letter of approval back in May 2008. Also, an employment renewal card was sent this year, Jan 03. Since May 2008, we have visited the immigration office through infopass almost everymonth. Their anwser has always been ''file is pending''. Today during our visit they stated that ''file was in congressional''. Can I do something to expedite process? If the I485 is denied due to a mistake, what are our options? What could be be the grounds of denail and what could I do about it? What is ''congressional'' and how long could it take for a final decision? Thanks in advance for your valuable advise. Miami concerned lady!


Asked on 1/15/09, 11:12 am

1 Answer from Attorneys
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: I130 Approvt I485 in Congresional

The statement that the file is in Congressional means that as a result of your possible letters to a Congressman or Senator seeking help, the file is with the liason between USCIS and the Congressman/Senator. In order to expedite the decision, you can write a letter to the local USCIS office to indicate that the case is pending for more than 180 days after the approval of the I-130 with no decision. Should you have no response within a month, you can file a Petition for Writ of Mandamus with the U.S. District Court to really expedite the decision. Otherwise, if the AOS application is denied, you will be able to re-file the I-485 inless the local office would agree to re-open the case based on its own motion.

Read more
Answered on 1/15/09, 4:33 pm


Related Questions & Answers

More Immigration Law questions and answers in Florida