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Immigration Issues/Background Check - soon to be 3 years



Is the Two years + is the normal timeframe? is there any limit (ex. Name check takes no longer more then 3 years)
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I applied for i485 in 04/15/04, and then 4 month after that I had an interview with my wife. INS requested addition paperwork at that time which I delivered in a mater of 1 month. From the 10/15/04 my case goes trough the FBI background check. Every 2-3 month I am sending case status request to INS and answer is always the same: "Nothing can be done before FBI will provide the results". Frankly, I am not sure what my options are, also I afraid that background check may take the other 2, 3...etc # of years. Therefore here are my questions:
1.   Do I need to contact the FBI?
2.   If so, is there any protocol of doing that?
3.   How do I know that process is not stack somewhere behind the desk?
4.   Consider the fact that I am living in US little over the 5 years and the background check already took 2+ years of that time and that my wife is US Citizen and I am not any kind of criminal, why does it take such incredible amount of time to get it done?
5.   How much approximately will be the legal fees cost if Iíll go for writ of mandamus?
6.   What should I do?
No use to contact FBI - Immigration waits for direct response from agency for name check. Mandamus will cost a few thousand dollars. You can either wait and make monthly visits to local INS on infopass to check status or file mandamus.



There is no normal time frame. Some people are clear at the time of interview and I know of a person waiting almost 5 years. Not something that you, your lawyer/congressperson or Immigration can control. They are waiting for a response from another federal agency. Your choice is to wait or do a mandamus.



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Robert Hollander<B> Esq.</B>



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