Discuss metalheaddude's I-485 USCIS Case

Hello metalheaddude, did you travel to Canada?

Not yet. March 18th to Calgary and will be back on 22nd. Will let you know how it goes. Somebody in the forum here told me he was never taken to 2ndary but he was on H1-B, so I guess they let him in on H1-B and didn't process his AP. My bet is we will be taken to 2ndary unless we get lucky if the officer in the kiosk has the parolee stamp with him.

Funny, I'm traveling the same dates... but I'm driving.

The one things that is super important, as per my attorney is, do not reenter in the UCS under TN status. That would void your AOS petition. Good luck

Hey Man, I was so consumed by this RFE that I completely overlooked the fact that you are still in limbo. Sorry this is taking so long for you.

On the plus side, with each passing day, the odds of your case being approved gets higher!

Take care

Oh no big deal. I understand. Please keep me posted about your RFE.
I am not sure if you follow my posts in the forum, but I have a dismissed arrest from 20 years ago (no big deal, even CBP knows all the details about it). So I expect some delays. Usually in these cases they schedule an interview at your local office (I doubt it in my case 'cause it is from 20 yrs ago and they already have all the info and court doc's on it). But the transfer or RFE should've happened already. What would be frustrating is wait over 6 months and then get transferred to the local office which has a 6 month waiting period for interviews.
For some reason, I have noticed Aug/Sep NSC filers are facing delays. Even our EAD/AP's took longer than others.

Used my shiny new EAD/Combo cards today. No issues, went well... what a relief

Nice to hear that. I'm coming back on Wednesday Calgary airport. Tell me how it went. How long did it take? Did they issue a new I-94? If so, electronic one or paper one? Did they fingerprint? If fingerprint, then my old arrest is gonna pop up again and gotta show court docs again LOL!
My company's lawyer called me the day before my trip to calm me down. He says there's a huge difference between being admitted and being paroled in. Basically the AP takes the jurisdiction away from CBP to decide about our entry into the country. However he's had cases where a CBP officer went beyond the law and the case ended up in court and the immigrant won the case. He says the only reason they take you in secondary inspection is to verify your 485 is still alive. Also the parolee stamp is usually with the senior officer.

Process was super easy! In fact one of our best experiences.

To answer your questions:
How long did it take? 20 minutes for all three us, no fees.
Did they issue a new I-94? Yes, but with the Single use Mention, Paper with paroled stamp.
Did they fingerprint? Yes

As for your arrest, that might come up even after our I485 is approved... always be ready.

good luck

I just got back to the US. Everything went smooth. Here is my experience: The first IO very politely scanned my passport and walked me to the secondary inspection. He took my EAD/AP card and gave me a paper I-94 to fill out while waiting for the senior officer to call me. Within minutes the senior IO called me and asked for my passport and the filled out I-94. Even though he was training a rookie officer about processing AP, the whole thing was finished in 10 minutes. There was no fingerprinting and my arrest from 20 years ago didn't come up either. (Some IO in SFO airport told me in 2009 that he put notes and did something in their system so they wouldn't ask me about court docs anymore, thanks to him). Then he told me all the stuff we know: you should always use this EAD/AP card to enter the US until you get the GC and there is both paper and electronic I-94's issued for me under parolee status. He also said the 1-year I-94 should stop IO's from sending me to secondary in the following trips but some IO's might still send me there and if it was him at the kiosk, he wouldn't send me there etc etc.
It is a relief! Now I'm officially a parolee. It was probably a good choice to avoid crowded airports like Vancouver and Toronto. YYC rules :)

Awesome ! thanks for sharing your experience

Hey Metalheaddude,

Any updates on your end? This idle wait is pretty crazy given how most people are getting approved in a short timeframe..

Hey Dukiesf,
We are already talking in a thread on the forum. Like I said, my company's lawyer did not recommend opening an SR yet. But I think I'll file one at the end of the 7th month. It sucks we cannot see any movements in our cases. At this point, I don't mind RFE or interview. It'll at least show somebody's working on the case.

Here is the response to my SR. Typical BS template answer!
"U.S. Citizenship and Immigration Services (USCIS) records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the National Customer Service Center (NCSC) at the number provided below."

Good luck Man! I hope this SR help get your case some attention.

Can you please PM me at my private email [email protected]. I can ask more questions and give you more detail. In the meanwhile , I will check what FOIA means. Thanks, and good luck to us all.

Hello metalheaddude

Any updates on your SR?

No. I've put the SR response in the comments above. I guess I've entered a blackhole. Oh well I'm not going back to Canada without fight. I'm reading about WOM. Gotta do 1 more SR and then file a complaint with DHS ombudsman. And if they still give me the runaround, then file a WOM. By then it'll be over a year and the case will qualify for a WOM.

Ok, here is my InfoPass experience today: I got there 20 min ahead of my appointment. Still had to wait almost an hour to get called. Fortunately I ran into a nice officer who was also a metalhead like me and he liked my Megadeth T-shirt. Also, he was teaching a rookie officer sitting behind him. He said the case was basically put on a waiting shelf and he was very apologetic about the delay. He blamed the H-1B rush and a lot of PD's becoming current. Then I asked him kindly to check if my FBI name check has been done. So he started showing the rookie officer how to check if someone's background check is complete. Oh well the good news is my background check has been done and is clean! Then I brought up my arrest in 20+ years ago and he said they wouldn't necessarily transfer to NBC to schedule an interview, and since I had already provided all the court documents, the NSC officer may not see the need for an interview. At the end, he suggested to send an email to USCIS instead of filing SR's because they might provide more details like he did today.

Here is my take on this: if he is right about my background check being complete, then we should take the SR responses for their face value. If it says "in line to be reviewed by an officer...", it exactly means that. If it says "additional/extensive review", it means you're stuck in background check.

Now my guess is (and this is just a guess): of course being born in Iran added delay to my background check but the problem is this extra month or two of background check cost me months of waiting because by the time I got out of the background check, I hit a major backlog at NSC. If you check the tracker, you'll see they were processing cases in 4 months just 6 months ago and now they have changed the NSC processing times to Oct 2015. Just bad luck I guess! I've got the luck of a sewer rat :-)

Congresswoman's inquiry proved InfoPass IO didn't know jack! Of course I'm stuck in background check because of racial profiling (being born in Iran):
"Officials at USCIS stated that your case is under a background check process and they cannot move forward until it has been completed. We were also informed that USCIS is not able to expedite Employment Based (EB) Form I-485 cases."

Man, I really don't think you stuck in background check just because you born in Iran.
I born in Taiwan and we have very similar application schedule,
My status is under background check too, I am female/ Taiwanes and under EB2 Row.
I changed many employer when I was helding H1B ( maybe this is one of the reason? who knows)
So good luck, and be more patience.
I am telling myself too :)

Dude,

For other countries also people are stuck in background check.

Qoofancy,

I have not changed my job for last 7 years. still i had to wait 268 days! this is random!

Malaysia has a lot of Muslims. It is not random at all. That is why you're stuck in background check. Heck, I'm not even a Muslim and am stuck in background check because they're grouping me with them due to my place of birth. You should read this:
https://www.aclusocal.org/CARRP/

And for Qoofancy, she said a while ago she used to get pulled over into the secondary inspection at POE for her H1. So most it is a different kind of background check. Maybe her employer was suspicious of doing H1 fraud. It happens even with big companies. For example, my former employer is a monster hi tech company. Ever since they bought a company that was convicted of H1 fraud, all their PERMs get audited.

Hi metalheaddude,

Have you decided what FIRM to hire for WOM? Is Murthy good? I am not sure!

Dude, I had no idea you were still pending! that is crazy.

Wish I could do something... I could recomend my attorney. He did a fine job with my case and was able to help a friend that experienced problems because her first perm was botched by prior attorney.

Is there a way to communicate privately?

I am still far from WOM. My ombudsman case is still pending and I am also still waiting for FOIA results.

Unfortunately I am stuck with my sponsor's law firm and they charge $7K for WOM (not including court appearances) while Murthy has quoted me half of that. And Murthy is better at WOM for sure. I have to negotiate with HR to see if I can get my own lawyer for WOM at least.

I am not sure how this new administration will screw up the WOM?!

WOM is with the judicial branch of the gov't. Presidency is the executive branch. That is why a federal judge has authority over USCIS (executive branch). So I don't see any change in WOM. And don't forget WOM judge does not give you a GC. He/she just orders USCIS to make a decision.

He is going to reduce the GC significantly:
http://finance.yahoo.com/news/what-the-fate-of-immigrants-looks-like-under-a-trump-administration-202036273.html

What if by the time we file WOM the GC will be on hold or cut back drastically?

We can only speculate at this point. Legal immigration is a low priority for Trump. Plus he will first focus on reforming the H1-B program. What is stopping you from filing a WOM right now? You are close to 2 years.

The last thing I want is to file a WOM, but I guess I have no choice. I got an email from Ombudsman last week that they contacted the USCIS again.
I am not sure if I can file a WOM while they are working with USCIS

No you cannot file a WOM if ombudsman is still working on your case. What took you so long to ask for ombudsman's help? I am a year into it and have already filed an ombudsman's case. Ombudsman is pretty much the last straw that breaks the camel's back. If ombudsman gives you the runaround, then WOM it is.
If you don't have anything that might cause a GC denial, then you should file a WOM. I hope you have also asked for a Track 2 FOIA. That takes a long time too.

Texas is different than Nebraska! I could open SR after 11 months as their dates retrogressed couple of times. So could not do Sh** for almost a year. Then they told me to wait for 60 days. nothing happened! then I contacted senator office which wasted my time for 4 months and never responded! then I contacted congressman and a month later Ombudsman. Ombudsman has been involved for the past 5 months and has contacted TSC twice! I will get the full FOIA in a month. I wish they would contact me and at least tell me WTF they are looking for! and now I am stuck b/w WOM and this new Admin. Can you believe this?!

Just received an email from the ombudsman! This sounds like a recipe for a WOM given the open-ended timeframe:

"Thank you for your request for case assistance. In response to our inquiry, U.S. Citizenship and Immigration Services (USCIS) indicated that your case is actively being reviewed. USCIS is unable to provide a specific time frame for resolution of the case. Our office will continue to monitor USCIS's progress on a regular basis and reach out to USCIS until we receive a specific action or resolution on the application or petition referenced in your request for case assistance. We will contact you as soon as we receive an update from USCIS.
Please be advised that USCIS is the responsible party for moving cases forward and the Ombudsman's Office has no role in the adjudication process."

I hired Murthy!

I wish I could. Company HR won't let me hire anybody else but their lawyer, Fragomen. And they charge twice as much :( HR threatened they wouldn't give me an EVL letter if asked by USCIS as a result of WOM.
Keep me posted.

Hey metalheaddude, Any update on your case? Send me your email address.

to metalheaddude:

Just wish me Luck!

@CALI2014: was your ombudsman response similar to mine?

@GreenE128: I have posted the latest update of my case in the comments section above. Sorry I can't put my personal email address on this public site. Is there a way to do a private message?

Yes, it was open ended although I called them and they contacted USCIS for 2nd time after 120 days!

Ok, here is the latest update! I just got off the phone with Murthy's law firm. I told them I couldn't hire you because my HR wouldn't let me but I'd use you as a second opinion kind of thing throughout the process. At least I can ask him questions I cannot ask my sponsor's lawyer like invoking AC-21 and joining another employer. and I can trust him for honest advice because I am paying him for it. Here are the highlights:

1. It is not too early to file a WOM in my case. The judge does not throw away cases that are pending more than 8 months even if the PD wasn't current in the past. As long as PD is current right now and I have gone through all those steps (SR's, CI and Ombudsman), the case is qualified for a WOM. He actually is advising me to trigger the WOM ASAP.

2. Invoking AC-21 and changing employers should not trigger a re-opening of the I-140 and doing NOIR on it. In other words, I should feel comfortable changing employers and it shouldn't complicate the WOM. If they re-open an I-140, it is because they see a flaw in it or suspect fraud.

3. He agreed with me sending a letter of intent to seek judicial relief and giving USCIS a 60 day courtesy notice. However I'll have to follow it up with the WOM if case does not move.

4. My petty arrest from 20 years ago does not affect the decision on I-485. They might schedule a quick interview with me after filing the WOM because of that but it must not affect the outcome of the decision.

5. Almost all his WOM cases got resolved within 4 months without having to go to court, just like any other lawsuit that gets settled outside the court. The judge makes all parties to negotiate and settle before any hearings and most of this is done over the phone.

On a side note: he thinks they randomly pick people like us as part of extreme vetting thing going on these days.

1-Thanks for the detailed info. I am not sure that "sending a letter of intent to seek judicial relief and giving USCIS a 60 day courtesy notice" will have a negeative impact on the WOM case as they may have more time to come up with some BS to retaliate/ or giveing you hard time! I thought about it but has not asked for it.

2- Who did you talk to in Muthy's?

1. Actually I changed my mind about 60 days. I am gving them 30 days. Then WOM if no movements. The letter of intent thing is one of the steps WOM lawyers do too. It usually falls on deaf ears. The action starts immediatley after filing the WOM in court.

2. Aaron

Did Murthy give you their cost for WOM?

$3500 + court fees of around $600

"Is your sponsor ok that you're using Murthy for WOM? Mine won't co-operate with things like EVL if I hire another lawyer."

Yes! Did you send the letter to USCIS informing them about WOM?

Yes I did. I gave them a 30-day courtesy notice. And I'll tell the lawyer to skip his 30-day notice and just pull the trigger on WOM.

I talked to Murthy and they said there is no need for the courtesy letter!

He told me the same thing. I like his aggressive attitude: just pull the trigger! I hope Fragomen will be as aggressive too.

hey, any updates on your case?

I sent USCIS a 30-day courtesy notice that I'll be filing a WOM lawsuit. The 30 day will be up Jan 13th. Then I'll retain my sponsor's lawyer for a WOM.

Ok, I contacted Murphy office to see what they say. My current lawyer doesn't do WOM.

I will file the WOM in couple of weeks! Have you started the process?

I'll retain the lawyer next week. Keep me posted.

My 60 days started 3 weeks ago! Nothing heard from the AG office. My attorney thinks the case hasn't been assigned to anybody in DOJ yet!
I am tried of this entire stupid process!

I hear you! My WOM got delayed because my sponsor laid us off and then rehired me into a different team. I am now pushing it as fast I can before I get laid off again :) I just received the lawyer's contract. WOM is actually defended by District Attorney, not AG. AG is for constitutional stuff and DA is in charge of defending gov't agencies like USCIS.

Hi,
any update about your case. I just started to to go through WOM. I just got a response from a senator that my case is pending background check, and recently assigned to a supervisor from an officer. I went to infopass and they told me my background check is done 5 months ago.

My update is in the above comments. I am at the beginning of WOM and waiting for the lawyer to finish the paperwork and file it.

It took the attorney 6 weeks to file the application! After 40 days still no responce from the District Attorney!

Holy $^&*!!! 6 weeks just to prepare and then another 60 days after that for response from gov't?!!! I'm glad I have paid him only $2750. The second $2750 will be paid at filing it just in case I get approved by then!

I am not sure what the hell they are doing. I was hoping to get an RFE by now! Never been this much frustrated in my life!

On day 50, They requested 4 months extention and issued an RFE for Suppl J and Medical.

How did they ask for a 4-month extension? Was it part of the settlement negotiations? If so, I wouldn't give them more than 30-60 days after they receive my response to their stupid RFE. Time for fooling around is way over! If they just did the RFE while the 60 day is still pending, just go on with the WOM while taking care of the RFE. What is Murthy saying about this USCIS move?

Also, I have made a new thread for tracking recently filed WOM's:
http://www.trackitt.com/usa-discussion-forums/i485-eb/1736796319/any-recently-filed-writ-of-mandamus-wom-let-s-track-them
Please share your experience in that thread if you don't mind. Thnx

Everything happened within the last 10dyas which is part of the 60days. We settled on 90 days! Attorney recommended agreeing to 90 days as the USCIS insisted on it. You either agree or you will go to court (which takes much longer time and money) or they just deny the case right away. The attorney thinks they will adjudicate the case sooner than 90 days and they ask for it just to make sure they have time for any scenario with the documents they will receive after RFE! There are few potions available to folks like us!!

Thanks for sharing your experience. So basically it is a settlement. 90 days sounds more reasonable considering the judge can order them to make a decision from 30 to 90 days depending on the judge and your case's particular circumstances. Example: In my coworker's citizenship case, judge ordered FBI to respond within 90 days for the name check, FBI failed to do so and the judge ordered USCIS that he himself cleared his name due to FBI's failure to respond to the judge, and he got his citizenship ceremony in less than a month after that.

However, also keep in mind if you go to court and win the case, then you can also sue them for attorney fees. Example:
http://www.ilw.com/articles/2008,0819-zhou.shtm
You cannot sue for attorney fees if you settle, just like any other lawsuit. They can deny the I-485 based on the merits of the case. If your 485 is clean cut, they cannot deny it. They cannot deny GC just based on you filing a WOM or being Iranian. But I think 90 days is a good deal as it would take longer if you go to court. The money you've spent so far is money well spent and just like Iranians say: "sag khord!".

:) That was a good one!
My only concern is that they run out of visas like last year in June or July!
Be aware that if you are doing the Medical in advance, the old I-693 will expire by end of March and the new one is different in format and they may send you an RFE asking for new form. Do the Suppl J anyway. How is it going with your case?

Thanks for the heads up regarding the medical form. I will not do any medical or Suppl J until we receive an RFE for it. I am still with my sponsor and my employer will do Suppl J only if there is an RFE. If they run out of visas, that would be a problem for everyone. Not much we can do then.

Metalheaddude:

This is the summary of my WOM Application:

1) Attorney prepared and submitted the WOM application within 6 weeks
2) After 50 days the USCIS issued an RFE for Medical and Supplement J and requested for 120 days extension
3) Attorney settled with USCIS for 90 days extension
3) I replied to RFE within 7 days of receiving RFE notice on USCIS website
4) USCIS received the RFE response package by FedEx on day 58
5) I got update for receipt of RFE response package on USCIS website on day 60
6) I got approval notice by Text message on day 79
7) I got approval notices in mail and notice of card production by text message on day 82
8) I got Green Cards in mail on day 84

Thank you much for encouraging me to pursue this path, I appreciate it. I am sure you’ll get your GC very soon.
Wish you the best!

Thanks for the update Metalheaddude and Congrats.
May I ask who did you finally pick as your lawyer and how much was the charge? Would appreciate it if you can refer me to him or introduce him to me.

Thank you,

Sorry for the type,
*Yedande

facing retrogression again :( ... but glad you won't be affected by it ... Hopefully your journey ends soon with approval ...

Hi @metalheaddude,
I received an RFE today too. But not sure what is the RFE about yet. The Retrogression is gonna delay the I-485 process right? I mean they won't approve before Oct 1st if it is not approve by July 31st.

Yes if not approved by the end of the month, it'll retrogress for your PD. Fortunately my PD won't get affected in Aug. Gov't lawyer told my lawyer that she would respond to court by Aug 18th and she did not want to pick a fight and take the WOM to court hearings. I'm surprised you haven't filed a WOM all this time.

@metalheaddude

Thanks, I talked to Murphy about the WOM and am collecting the docs he asked for, but probably should wait now that I received an RFE

That , and also you cannot file a WOM if you are not current. And after becoming current, you are supposed to give them a reasonable amount of time. If you had filed the WOM while you were current, it would be a different story even with retrogression. Might as well give it another 2-3 months.

Yeah, Thanks, waiting to hear some good news from you!

Hi All,

I would be thankful if you help me with my situation.
I am interviewing for jobs in the US and planning to apply for TN visa.
I am wondering how likely it is to get a GC after moving to the US. My wife and I are having a baby and want to make sure we will get a permanent residency so we don't need to move again.
If TN to GC is possible, how long would it take to get the GC?

Thank you guys,
H.

@hgol: That is not enough info. First, do you qualify for TN? The best TN forum is at the link below and you can find info about TN to GC there too:
http://forums.immigration.com/forums/tn-status.230/

Secondly, your sponsor/employer should be willing to sponsor you also for GC. Then they'll need to file for a labor certificate (PERM) to prove there is not enough Americans with your skill set and education. How long the whole process takes, it depends on a lot of factors. Here are a couple:
1) Your degree! The higher, the better! Basically what category do you qualify for: EB1, EB2 or EB3?
2) Your place of birth; If born in India/China, the waiting list is a long one. If born in the Middle East, Eastern Europe, former USSR or any current communist country, you'll be stuck in background check just like me and it may take a lawsuit to get your case going.

@metalheaddude:
Thanks for taking time to answer my questions.
I was born in Iran but I am citizen of Canada. My wife is PR of Canada. So, I am eligible for TN visa.
I have a PhD from a Canadian school, and I think EB2 applies to me.
The jobs I am applying in the US are very interesting. But I wanna make sure I can stay in the US as a permanent resident.
I appreciate your support and comments.
Cheers.

@hgol: I do not recommend moving to the US until your wife also becomes a Canadian citizen. With the Trump situation, she may have a hard time getting a dependent TD at the US consulate. You can get a TN at the border but she needs a visa form the consulate.
With a PhD, you may qualify for EB1 or EB2 NIW if you're an outstanding researcher. This can eliminate the need for a sponsor (PERM/LC).

I have been silently following your case and learning about the process. Congratulations and happy green life!

@metalheaddude: Thanks a lot for your response. There is a good job opportunity, and if I miss it I have to wait four years for my wife to become a Canadian citizen.

Congratulations! I am sure it is bittersweet, but at least gives you options you didn't have before.

Hey dude. Congrats from fellow TN to GC.

Thank you all! It's been a long journey that made me sometimes doubt if I really needed a GC. I filed the WOM lawsuit mainly for principle and I am happy justice was served. I don't know what the future holds for me in a post-GC era. Hopefully I don't have to throw away the GC in case I need to go back to Canada for family emergency for an extended period of time. Now I need to learn more about advance parole for re-entry purposes after extended periods of being outside the US just in case.

@metalheaddude Congrats! again, I am not sure if you check the old group or not! Happy for your relieve from all those stress and s..!
I was wondering if you have applied for updating social security? Please let us know how did you apply exactly? I have searched on google but someone mentioned nothing is required to do with social security! I am not sure if it is true or not! How urgent is it to apply for it?

@metalheaddude Hey, hope you're doing well, my case status just changed to this : "Case Transferred And New Office Has Jurisdiction"
any idea what it means? scheduled for an interview maybe?

@IranUS: there is no urgency to get a new SSN card. I've read it takes them at least 2 weeks to get their database updated with our GC status anyway. But it should be done according to USCIS website. You'll never know. Some employer might ask for it.

@Javid: I think they want to interview you. Wait for the transfer letter to come in mail. If it is transferred to NBC, they want to interview you.

@metalheaddude Thanks for the comment. my case was in Nebraska center, so probably they transfered it to somewhere else?

@metalheaddude Thank you for your posts. Congratulations on your GC

I am in a typical situation here. On TN with my employer, tried for H1B in April 2017 , but did not win the lotto.

Wondering, if I should advise my firm to go the TN > PERM > I140 > I485 route. If so which Law firm do you advise we use? My firm is small enough, they are willing to try something new as opposed to obtrusive and casino style H1B.

More about me: Canadaian, MBA, PMP , under 'Management Consultant" as TN profession (birthplace: Bangladesh)

Yes of course you should advise your employer to go straight from TN to GC. The only problem is once you file I-485 and EAD/AP for the first time, you cannot travel outside the US until your AP is approved. They won't let you come back in in TN if I-485 is filed and you don't have a valid AP. Join this immigration forum for TNers:
http://forums.immigration.com/forums/tn-status.230/

There are tons of info in that forum about TN2GC.
As for law firm, I personally prefer a local lawyer. I don't know where you live. I recommend Murthy in Washington DC. There is a good chance due to your POB, you may get stuck in BC and will need to file a WOM (Writ Of Mandamus) lawsuit down the road. Here is your criteria (besides lawyer fees) to hire a lawyer:
1. Do you do TN to GC in EB category? If the lawyer says no or it ain't possible, dump him/her!
2. Do you do WOM in case needed? It's better to have the same EB lawyer also do your WOM.

Hello,
Have you submitted the Ombudsman yourself or with the help of a lawyer? Do I need to ask my lawyer to do it?

I submitted all the inquiries myself including Ombudsman's. They have a website and it is all done online.