Legal Question in Immigration Law in New Jersey

Green Card

Hello,

I've been waiting for a Green Card to have my status adjusted in USA for more than 2 years. I got married to a US citizen in September 2004 and moved to USA right after our wedding. I applied for change of my status in November 2004. In October 2005 my husband and I had an interview with an immigration officer in Newark, NJ. Since then I've been waiting for a positive reply from INS. They told me to wait 180 days after the interview to have my Green Card sent to me but it's been more than that period and they still tell me that FBI is checking my background. Please help me with my case. Not having an approved status in this country blocks me from everything, I have to always renew my employment authorization card, I can't go to school because I won't get an in-state status, I can't travel to Russia to visit my family. And now I'm 4 months pregnant. Will my status affect my baby's status in this country? The baby will be born in USA.

Thank you very much in advance!


Asked on 3/02/07, 3:24 pm

2 Answers from Attorneys
Ruchi Thaker Law Office of Ruchi Thaker

Re: Green Card

If you have been waiting for an unreasonably long time for your green card application to be adjudicated (and it looks like you have been), filing a mandamus (a complaint) in the federal court would be a good idea. Usually, these types of applications remain pending for a long time for security clearances. After filing a case in federal court, you may be able to force the government to act a little quicker on your case (that's what a mandamus is for).

Our office has experience with federal court litigation (including in NJ) and should you wish to consult with us, we would be happy to help. Feel free to visit our website at http://www.thakerlaw.com for additional information.

Best Wishes!

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Answered on 3/02/07, 3:44 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Green Card

As the other attorney stated, you should be proactive rather than reactive. I can refer you to a good immigration attorney if you would like. Feel free to drop me an email or give me a call.

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Answered on 3/02/07, 4:02 pm


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