Q: pending I751 since 2013
My case status still shows that still pending since March 2013. I have tried to talk or hire many lawyers about my case. Most of them say the same thing ”there is nothing I can do except given them pressure” or they said that my files are somewhere back in the immigration office. One of them told me to contact the congressman or I should apply for a new form i751
This case has given me hard time in my life. I have tried to register three different college none of them approved me because of my pending case. I'm a certified trainer nobody wants to hire an immigrant with the expired green card. I'm sure there should be someone responsible For Vermont center Playing with my life.
Is there someone can give me the best advice To fight in my case? Thanks
A: Your I-751 filing receipt automatically extends your green card and it can be extended every year. You can work and travel with it. You need to hire an immigration lawyer going through this pro se will not help you.
Carl Shusterman agrees with this answer
1 user found this answer helpful
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/years 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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.