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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