Legal Question in Immigration Law in Minnesota

-I applied for I-485 based on marriage to a US citizen on 06/24/2011.

-I had my fingerprints done.

-I received my work permit.

-I had my interview on 09/16/2011.

-2 immigration officers came to my house at 7.30 in the morning on 12/01/2011 and they found me and my wife, and they took a tour in the house and checked out clothes to make sure that we live together.

-my case went out of the processing time, i called the 1-800# and they made a request for response, 2 days after i received an email from the local immigration office in bloomington, MN says that they have received the request of response but they are going to extend the processing time 6 more months, and they are activity processing my case, but they need additional review on my case

-after 2 weeks of that i took info pass, i met the immigration officer and asked him why are they delaying my case, he answered that they assigned my case to a new officer last week to make a decision, and said that this was the last info he has about my case, officer also told me if i don't get anything within the next 3 months i should come back and ask.

Please tell me your opinion? I don't have a lawyer yet, I've done all the paper work myself.

any suggestions??????

Thank you,


Asked on 2/20/12, 4:47 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Writ of Mandate

This case has been pending a very long time. In this type of situation, we can either do a formal inquiry, which might result in nothing or simply waiting more time. Many times, Immigration needs a reason to make a decision on the case without the excuses and the invalid reasons (such as awaiting fingerprints or review of the file) that they give many times. A Writ of Mandate is when we sue Immigration in order to get the Federal Judge to order that Immigration make a decision on the case. It does not necessarily mean that it will be a positive answer, but at least we can hope to get a decision so that you are able to move on with your life and we will know how to proceed. Many times this process will never go to court as the U.S. Attorney will want to settle this case prior to it ever going in front of an U.S. District Judge. Without the Writ of Mandate forcing� Immigration to make a decision, you might wait years for them to ever make a decision. The Writ of Mandate applies the pressure that is needed.

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Answered on 2/22/12, 7:57 am


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