Q: I submitted my I-751 on April 2019 & had an interview on Dec 2020. The120 days deadline is past due & still not answer.
I've submitted my I-751 on April 2019 and had an interview with my spouse on December 2020. We're told, we'd be notified about their decision in the next 120 days. The deadline is past and I called asking about this, I was told again my petition is in process and I have to keep waiting - I read about getting a lawyer and pushing uscis to give us and answer as 120 is the lawful process time. Should I keep waiting or get an attorney?
I'm at Dallas Tx, there are not updates on the uscis website and the people on the phone just told me to wait longer.
A:
At this stage of your case, you will be best served if you engage an experienced and qualified immigration attorney to advocate on your behalf.
There are several approaches and options that are available that the attorney can discuss with you.
A: Hello, you could try writing them a letter or when you call ask to talk to a supervisor. You may need to talk with a lawyer. Justia has a lawyer directory.
A:
Dear Conditional Resident,
USCIS published processing times for Petition to Remove Conditions on Residence (I-751) at all Field Offices shows that these petitions are taking between 17 Months to 35 Months to adjudicate and currently processing I-751 filed on or before June 01, 2018. See https://egov.uscis.gov/processing-times/
Because you mentioned USCIS interviewed you and your wife, this means your application is at the field office and not at a Service Center. Hence, you need to wait at least 10 months before you can inquire into your case.
On another note, the 120 days for adjudication only pertain to applications for naturalization after the USCIS adjudication officer has conducted the interview. The pendency of your I751 does not impede applying for naturalization as the spouse of a USC if you are interested.
In an abundance of caution is always better to consult with an experienced immigration attorney.
Best of luck,
Patricia C. Wall, Esq.
Practice Limited to US Immigration & Nationality Law
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