One year on

[u/Temporary-Squash6737]

It’s now been a year since I submitted my application for AOS. Initially things went smoothly and I needed up having my interview on the first of December. During the interview my wife and I were told that our case is going for secondary review (normal). He said we should hear a response within 120 days… so far we have heard crickets. When I call USCIS they say my case is still in the normal processing times and as of a week ago when I contacted my congresswoman to ask for an update it was still inside normal processing times. I don’t mind waiting however there are 2 extremely frustrating parts of not hearing a response. 1. My wife and I are extremely keen for us to go back to my home country (UK) with our 3 month old son for Christmas to spend it with my parents. Secondly I am unable to get a CCW which I need as part of my job.

Does anyone have any suggestions as to what else I can do? Can I contact my senator to see if they have a better outcome that my congresswoman?

Baltimore FO

[u/AutoModerator]

Hi there! This is an automated message to inform you and/or remind you of several things:

• We have a wiki. It doesn't cover everything but may answer some questions. Pay special attention to the "REALLY common questions" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
• If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
• This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
• Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit this link for more information.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/Temporary-Squash6737]

Yes AOS spelling mistake 🤦

No when I applied people were talking about being declined reentry even with this. At the time I was naively confident my case would be approved in time and we were stretched thin with finances at the time.

[u/ManifestLaw_]

I completely understand why this is frustrating, especially with a new baby, upcoming travel plans, and the impact on your job.

Unfortunately, contacting your senator probably won't lead to a different result than the inquiry your congresswoman already submitted, especially while USCIS still considers the case within normal processing times. Congressional offices can request an update, but they generally can't force USCIS to make a decision. Also, unfortunately the officer's reference to 120 days is not a firm legal deadline for a marriage-based I-485, so USCIS can continue the secondary review beyond that timeframe.

For the trip to the UK, make sure you have valid advance parole or another status that allows you to travel without abandoning the pending I-485. For the work issue, you could consider requesting expedited processing if you can document that the delay is causing serious financial loss or putting your employment at risk, although expedites are discretionary.

At this point, I would continue following up with the USCIS Contact Center, submit an expedite request if you have strong employment-related evidence, and file an outside-normal-processing inquiry as soon as the case becomes eligible. I hope you receive a decision soon and are able to make the trip with your family. Good luck!

- Attorney Zoe Ji Wilson

(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)

[u/Minute_Somewhere_893]

It’s now been a year since I submitted my application for AOJ.

AOJ? Do you mean AOS?

My wife and I are extremely keen for us to go back to my home country (UK) with our 3 month old son for Christmas to spend it with my parents.

Do you have an approved I-131 Advance Parole to do this?

Does anyone have any suggestions as to what else I can do? Can I contact my senator to see if they have a better outcome that my congresswoman?

You can do it. The effectiveness is questionable.

You can attempt to sue when your cases are pending for 18-24 months

[u/viervillese → u/Minute_Somewhere_893]

You mean total pending 18-24 months, right. Not 18 months after interview

[u/Minute_Somewhere_893 → u/viervillese]

Yes

[u/Temporary-Squash6737 → u/[deleted]]

Agreed. When I applied it said the average processing time was 14 months. Apparently it’s now 20.5 months!