I am giving up on my wife's I485 - Should we move back?

[wowcheesestick]

My wife is Canadian and I am American. The I485 has been pending for about 18 months now. The last status is "Interview Cancelled" and this happened on the same day it said "Interview ready for schedule". I have called 20+ times and each time I am told to "wait". I feel that I am being discriminated and the case is being put on "hold" indefinitely. I spoke to a lawyer, he said my case is considered "never to go through but won't deny" pile and I should pay him 3000 dollars to re-file. I told him he is an idiot and went with someone else to do an inquiry.

My wife just got denied her professional license in the state of New Jersey because her EAD is about to expire. (1 month) and the renewal hasn't come through. In addition, NJ won't give her a driver license either due to the same reason. At this point, I feel the government has failed us. we have significant amount saving, and we were going to open a medium sized business but that is all out of the question now. This is in the state of New Jersey, has anyone experienced this before?

This is ridiculous.

[yko]

My wife is Canadian and I am American. The I485 has been pending for about 18 months now. The last status is "Interview Cancelled" and this happened on the same day it said "Interview ready for schedule". I have called 20+ times and each time I am told to "wait". I feel that I am being discriminated and the case is being put on "hold" indefinitely. I spoke to a lawyer, he said my case is considered "never to go through but won't deny" pile and I should pay him 3000 dollars to re-file. I told him he is an idiot and went with someone else to do an inquiry.

My wife just got denied her professional license in the state of New Jersey because her EAD is about to expire. (1 month) and the renewal hasn't come through. In addition, NJ won't give her a driver license either due to the same reason. At this point, I feel the government has failed us. we have significant amount saving, and we were going to open a medium sized business but that is all out of the question now. This is in the state of New Jersey, has anyone experienced this before?

This is ridiculous.

18 months isn't all that unreasonable given current processing times. Try contacting USCIS Ombudsman office if you actually aren't getting answers by other means. Isn't EAD automatically extended while the renewal is pending? Provide this documentation/legislation to the licensure office and the DMV.

[kkaren]

I think she falls under the auto extension of 180 days based on her category.

[Poramin]

18 months isn't all that unreasonable given current processing times. Try contacting USCIS Ombudsman office if you actually aren't getting answers by other means. Isn't EAD automatically extended while the renewal is pending? Provide this documentation/legislation to the licensure office and the DMV.

I’m sorry but 18 months IS ridiculous if, like me, he has watched others file much later and get GCs before.

We filed in October 2017 and our case status is not even ready to schedule interview.

Our attorney has advised that the only recourse left is to file a mandamus writ ( basically taking USCIS to court). That process is VERY expensive.

[azblk]

Sorry for your situation but a rule of thumb when it comes to immigration is it is not going to be easy and it is not going to be fast. Hang in there. It will come .

[emanuser]

That sounds terrible - sorry you're going through that. Perhaps you should consider reaching out to your congressman or senator or the USCIS ombudsman. I'm not sure if that's worked for anyone but I believe it's been mentioned a few times before.

[Gcvawa2019]

Unfortunately, it is very individual, you never know. There are people who file and get their GC 2-3 months later. But then there are other ones who wait for the interview way over a year and once they complete their interview they have to wait again for a super long period of time. There’s really not much one can do and I feel like getting upset with them isn’t much of a help :/ i, too, am waiting. My case has taken way over two years now (in total with my first application) and even that is nothing compared to people who have waited for long years for no specific reason.
just my vawa app took 17 months or so, without a work or travel permit...
Keep my fingers crossed for you, good luck with everything.

[fooBaar]

Hello @wowcheesestick,

Considering current circumstances 18 months isn't surprising, a known case of mine is in "Ready for Interview" status since the past 9 months now, in NJ. For your wife case, I believe the EAD auto-renews, as the law says about the right to practice profession until the case is concluded.

I can completely understand the anxiety & frustration, unfortunately, we need to keep finding the path that gets moving. The fastest way is reaching the congressman via your borough office.
Raising a service request is another option here https://egov.uscis.gov/e-request/Intro.do

Good Luck, I hope you hear back soon.

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