Marina Del Rey, CA asked in Immigration Law for California

Q: USCIS I-751 - pending security checks for months? What could be taking so long? Is it common right now because of covid?

I applied to remove the conditions of my temporary green card early December 2018. (K1 visa in 2016 followed by AOS, both very fast)

On February 20, 2020, it stated my fingerprints were taken (they were taken in April 2019) and a Request for Evidence was sent to us. We replied and it stated they received the file on May 8, 2020. I never received a notice in the mail after the RFE, and wanted to travel to France (home country) so I called USCIS in August 2020. The agent thought it was abnormal that no notice had been mailed, so she put a service request through. On August 10, 2020, the service request answer I was emailed said my case was delayed because of security checks that are still pending. I did another inquiry recently because I had not received any updates or notice, and on January, 13 2021, I received the exact same answer. There is nothing abnormal about our case that would require lengthy security checks no criminal record, or any records of any kind, it’s a very easy case.

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1 Lawyer Answer
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: First:Processing was much faster in 2018.

Second: Depending on the documents requested in the RFE you file may not be considered to have begun processing until the service received the documents requested.

Third: When the case is outside theprocessing time due to background check you have the alternative of suing the government which is time consuming and expensive.

Fourth: YOu should have received and extension of your LPR status. You are an LPR. If sufficient time expires for you to be eligible for Naturalization, file for your naturalization.

Request an experienced immigration attorney put some pressure on the USCIS.

1 user found this answer helpful

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