Legal Question in Immigration Law in New York

Re: Info about a case!!

It is impossible to say what is exactly wrong with the case, but something is obviously wrong. Your wife was supposed to get her green card a long time ago. There could be different reasons: lost or misplaced file, wrong mailing address, security background check never cleared or many other reasons. What you need to do is to find the status of your case. First, you may schedule an on-line appointment with an immigration officer in your jurisdiction. Use "infopass" appointment system at www.uscis.gov. Ask immigration officer what is going on with your wife's file (you must have a receipt notice of paperwork filed 8 years ago). Second, when you find out what the problem is and what agency is responsible for keeping you wife's file, your attorney may file a writ of mandamus in a federal court. The writ of mandamus will ask the Court to oder the responsible agency to act on your wife's matter immediately. Also, if the appointment with an immigration officer does not help to find out what is going on, you need to petition your congressmen to find it out for you. If your attorney was not able to get this information within tree years, you should consider hiring another attorney. If you have any further questions, please do not hesitate to write directly to [email protected].

Best of luck,

Kseniya Zavala

Re: Info about a case!!

While I would need more details about your case, the most prudent thing to do after having waited 8 years would be to file a complaint in the appropriate federal district court that compels the USCIS (via the US Attorney's Office, which represents the USCIS in federal court) to take action on the application. Usually, a federal case gets the USCIS' attention, if everything else has failed.

You should contact an attorney that has experience with federal court litigation.

If you have any questions, do not hesitate to contact me.