Q: Green card pending
Hello. I been married American citizen for 5 years. I applied for green card May 2020 and we went to interview December 2021 and since that we are waiting for respond. Our lawyer sends inquiry every month but nothing chance. My question is can I do anything else and also can I apply for citizenship since is already 3 years since I received work and stay permit?
A:
You can ask for assistance from your congressional representative, there is usually a tab on the congressional rep’s website for help with a federal agency. You can locate who to contact on this website: https://www.house.gov/representatives/find-your-representative
As you have not yet received your green card, you would not be eligible to apply for citizenship, as being admitted as a lawful permanent resident for a certain number of years is a prerequisite to be able to apply. The work permit is not the same thing as the green card.
A:
Yes, you can do a few things. A general rule of thumb from USCIS (US Citizenship and Immigration Services) when it comes to pending cases is to wait for 120 days before asking for updates. However, it has been over 15 months since your interview and there has been no update from USCIS. You can:
1. **File a Service Request:** You can file a service request with USCIS to inquire about the status of your green card application. You can file a service request online or by mail.
2. **Contact your Congressman or Congresswoman:** You can contact your Congressman or Congresswoman to inquire about the status of your green card application. Your Congressman or Congresswoman may be able to help you get an update from USCIS.
3. **Change your lawyer:** If you are not satisfied with the service you are receiving from your lawyer, you can change lawyers.
Here are some additional things to keep in mind:
* The processing time for a green card application can vary, but it is typically several months.
* The processing time for a green card application can be longer if there is an issue with your application or if there is a backlog at USCIS.
* You may be required to attend an interview with a USCIS officer.
* The USCIS officer has the discretion to deny a green card application for any reason.
If you have any questions about the green card application process, you should speak with an immigration attorney. An attorney can help you assess your situation and determine the best course of action for obtaining a green card.
As for your question about applying for citizenship, you can apply for naturalization after you have been a lawful permanent resident for at least 5 years. You must also meet other requirements, such as being able to read, write, and speak basic English and passing a civics test.
Here are some additional things to keep in mind:
* The naturalization process can take several months.
* You may be required to attend an interview with a USCIS officer.
* The USCIS officer has the discretion to deny a naturalization application for any reason.
If you have any questions about the naturalization process, you should speak with an immigration attorney. An attorney can help you assess your situation and determine the best course of action for obtaining citizenship.
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.
