Aliquippa, PA asked in Immigration Law for Pennsylvania

Q: I got my green card on june 6/6/16. I applied with the form 175 and got a response that my green card was extended

For one more year. When im getting my 10 year green card or when im

Supposed tp apply for the 10 year? I was applying at the airforce and i can’t until i get the 10 year one

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2 Lawyer Answers
Matthew J Hartnett
Matthew J Hartnett
Answered
  • Immigration Law Lawyer
  • Collingswood, NJ
  • Licensed in Pennsylvania

A: I-751s take a long time for USCIS to adjudicate. As long as you filed your I-751, that acts as an extension as you have stated. You will get the 10 year card when you I-751 is approved.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you have applied for an I-751, and all you have got from the USCIS is a receipt and maybe a biometrics appointment, and you have waited way more than what the USCIS has stated on their website is the average waiting time, wait no more!

The same applies if you have been interviewed and it is now months later, and you have yet to receive a decision.

You can have an immigration lawyer file a Petition for a Writ of Mandamus in Federal Court to force the USCIS make a decision in your pending case.

The Federal Judge can not tell the USCIS whether they should approve or deny your case but the Judge can order the USCIS to make a decision on your pending application and to do it quickly.

In fact, it has been our experience over the past 30+ years that just filing a Mandamus action in Federal Court usually prompts the USCIS to grant our request way before the matter even comes before the Judge.

Of course, we only bring Mandamus actions when our client has a good case and in almost all of the actions that we have filed, our clients have received a positive response from the USCIS.

This year, we filed a Mandamus action in Sacramento and received a long delayed adjustment of status interview. Our client is now a lawful permanent resident. Earlier, we filed a Mandamus action in San Francisco which prompted the USCIS to our client’s asylum application.

Of course, going to Federal Court is certainly not the least expensive way to solve your case, but if you are so tired, tired of waiting, Mandamus may be your best bet!

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