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Immigration Issues/outside of normal processing time


Dear Robert,

Recently you advised me to inquire Vermont center to expedite my I-140, which was out of normal processing time since July (I filed in March under Classification of Certain Scientists of the Commonwealth of Independent States of the Former Soviet Union, which provides very limited visas in Nat. Int. Waiver).

Previously, on my July inquiry,  I received in September a letter from VSC, that I?ll get a decision or notice of other action within 60 days (from September), but now the acting director replied that I don?t meet criteria for expedite handling and that my case will be processed within ?normal? processing time at the Center. (which I understand crossed out their earlier acknowledgement of my case being out of normal processing time).

I am very much concerned that my chances to be approved are decreasing with lengthening of the process since only 500 visas were authorized.

My question is, if majority of applicants who filed after me were approved before me, is there any filing priority controlling in such a situation, and if so how it may work for me in case all 500 visas exhausted before I get a decision? And what else I can do without jeopardizing my approval (such filing for mandamus in Fed. Court)?

Thank you very much for your expert input to this situation! Happy New Year to you and your familiy!

These are the options I see:

1. Continue your inquiries;

2. Contact your local Congressman to write the Congressional Unit of Immigration to expedite things;

3. Call my colleague to discuss the possibilities of a Mandamus action - His name is Kevin Jones Esq. - 212 334 4577 - He is out of town until 1/4/06. Tell him I referred you.



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Robert Hollander<B> Esq.</B>



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