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We are having a huge dilemma and don’t know where to turn. My wife Alejandra applied for U.S. residency around Oct 2004. We have already been through all the INS red tape and even got as far as our interview as a married couple on March 23, 2006. At that point, we were told we should be receiving correspondence from the INS within days for her to come down and have her passport stamped as a resident.

Thirty days came and went with nothing, so we contacted the INS and were told they had no answer yet. We were very perplexed since after the interview we were told we would get the residency card in the mail. We contacted our immigration attorney and after he inquired, we were told she had been selected for a random background check and there was no time frame on how long that would take.

My wife, who is an only child, would like to be with her mother who has no one to help her in Colombia since she is a widow. Of course, my wife may not leave the country because her case is still pending with the INS. Her attorney strongly advised against filing an I-131 for advance parole because he said that it may have an adverse reaction on her return. His understanding is that the file is under "investigation" and there is no idea when the file will be complete. THIS IS LUDICROUS. It has been well over 6 months since our interview was completed and two years since the petition was filed. How long does it take the USCIS to review and close a file?

Is there ANYONE you know we can appeal to for help to get this case moved forward? My wife Alejandra would like nothing more than to be with her mother in her time of need. Yet some breakdown in the system has put her case on indefinite limbo.

Most of my e-mails fall on deaf ears. As an American citizen, I am embarrassed by the lack of any feelings that the bureaucrats have. However, I will keep trying to help my wife see her mother before she dies.

Samuel Newman
Fort Lauderdale, FL

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COMMENTS...

Hi, Sam. That sounds like terrible advice from your immigration lawyer. People are not randomly selected for background checks; everyone who applies for permanent residency has a background check, and delays because of this are very common. Assuming that your wife is here legally, she absolutely should apply for an advance parole travel document (I-131). It is very common for people awaiting green cards to apply to travel and to work (I-765 for employment). What your wife should *not* do is travel outside the U.S. before she receives the travel document, which takes 2-3 months. Have a look at visajourney.com. Thousands of people are in the same situation re: delayed AOS apps (including my husband--we had our AOS interview a year ago and are still waiting). Your wife should be able to work and travel abroad while the case is pending, as long her documents are current; she is not stuck here indefinitely until her background check is completed. Find a new lawyer!

Agnes
Phoenix, AZ

 

I was once told by an immigration lawyer: "The INS is not your friend. They will lie, cheat, or steal to get you out because that is their job." The INS does not care about family unity. At least not about mine. That is why right now I am a citizen in exile.

You see I have a non-traditional family so it does not even count. And the INS regularly separates traditional families all the time. The point is they are cruel and heartless. They have the power to control your lives and your future and they use this control to their advantage.

So after 15 years my "spouse" and I had to come to Canada and after only 19 months we are now permanent residents. The USA needs to love and recognize ALL of its citizens. Until that day I will have no choice but to remain a citizen in exile.

CY
Canada

 

Mr. Newman,

Perhaps your local U.S. Congressman can help. You can contact him using the information below:

The Hon. E. Clay Shaw, Jr.
1512 East Broward Boulevard
Suite 101
Fort Lauderdale, FL 33301
Phone: 954-522-1800
FAX: 954-768-0511
http://shaw.house.gov/contact

You can also contact your Florida Senators by clicking on the links below:

Senator Mel Martinez
http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactForm

Senator Bill Nelson
billnelson.senate.gov/contact/email.cfm

I urge other visitors to this site who may have suggestions for Mr. Newman to please send them to this site for posting.

Raul Ramos y Sancez
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