Immigration Issues/I-140, no decision


Dear Mr. Mills,

Over 9 months ago I filed I-140 under Soviet scientists act which provides very limited visas in Nat. Int. Waiver. After being outside of processing time for couple months, on my inquiry, CIS sent me a letter that my case is under review and within 60 days (by November) I?d get a decision or other notice. I received none, and don?t understand what this delay means, and whether or not I may eventually run into ?no more visas? situation because following applications after my date of filing are long processed. Also, what remedy do I have to compel the decision. Whether or not turning to fed. Court  makes any sense and may it take longer than do nothing and just waiting for a decision? Any other remedies? Thank you very much for any input to this situation.

CIS' notifications about timeframes are often extremely inaccurate.  You could file a mandamus action in federal court and sometimes just the threat to do so will result in a decision.  Of course, the decision is not always an approval and the court cannot and will not order USCIS to approve the case, merely to adjudicate it.

Immigration Issues

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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