Steven Tuan Pham, Esq.
Recently, there have been a number of clients that acquired the assistance of Garg & Associates’s experienced immigration attorneys in obtaining relieves from long delayed green card applications. Thus, I decided to write this article to inform our readers and clients their rights and recent change of procedures in which we can assist them in adjudicating their adjustment of status application and obtain a green card.
Traditionally, the USCIS will not issue a green card to an applicant until the applicant’s name is cleared from the FBI background check. Depending on your country or origin, nationality, name, and sex, the waiting period could be up to 18 months or more. This process caused a huge backlog in which some candidates have waited for years. One of our recent clients has been waiting for 4+ years and her application is still currently pending.
In these situations, there are several ways in which one can approach to resolve this problem. First, the USCIS has recently changed their procedures in adjudicating applications that are pending FBI check. In a Memo issued by the USCIS Associate Director for domestic operations, Mr. Michael Aytes, announced that USCIS will begin processing pending applications and grant green cards to pending applicants. Because only about 1% of the applications actually come back with some negative information that would preclude one from adjusting to a permanent resident, the USCIS will contact ICE and issue Notice to Appear for the applicant to appear in the immigration court for removal (deportation) proceedings. Thus, the first way in which experienced immigration attorneys at Smith & Garg, PC can assist you is by contacting the USCIS and its counsel (attorney) regarding your specific matter. Because of the change in policy, as well as our experience in dealing with these matters and networking, many of the problems can be resolved after some initial phone calls and letters to the USCIS district office, its directors, and counsels.
If the initial contacts do not resolve in expediting your application and approval, our immigration attorneys at Garg & Associates, PC will contact the AILA liaison office for assistance. AILA is the respected American Immigration Lawyers Association that often works with USCIS to resolve difficult situations in hope of avoiding litigations. Again, many of the cases would be resolved amicably with the assistance of AILA.
Third, our office is not adverse to filing litigations. If all efforts failed to resolve the matter in an amicable manner, the immigration attorneys at Garg & Associates will represent you in filing litigation against USCIS. Often times, upon receiving an Original Petition, the USCIS will expedite the application and issue a green card to those that are qualified to adjust their status to become U.S. permanent residents. In some rare cases, the USCIS may choose to take the case to trial. In the event that we prevail at trial, our clients are able to receive attorney’s fees and costs for adjudicating the matter in enforcing their legal rights. The court will order the Texas Equal Access to Justice Foundation to reimburse the applicant for all costs reasonably related to adjudicating his or her cause of action.
If you have been waiting for 6 months or more after your interview with USCIS, please contact our office for assistance in obtaining an approval notice and your green card. Our experienced and dedicated attorneys will work diligently to protect your rights under the Immigration and Naturalization Act. We can be reached at 281-210-0010 or through our online inquiry.
