After AOS interview 5 months passed-No decission yet

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We got married in April-2011 and filled an AOS in May. My AOS notice date is May 23,2011. I completed my biometrics and my interview was scheduled on Aug 24,2011. At the interview the IO asked lot of questions and he took my i-94 and he checked my all expired and current passports, Pics, joint bank account, insurance, car insurance, lease etc. He gave me a letter stating I will receive a decision in 30 to 60 days. After a week I received our I-130 approval notice, since then I didn't got any info about I-485. On november 10,2011 I took infopass and went to Federal Plaza in New York. The IO checked and he went to the department where my file is located and he came back and said my cas is in Security clearance and he gave me a letter stating the same. Since then I didn't got any update.pleas

Attorney Answers

5
Karin WolmanImmigration AttorneyNew York, NY ·
You don't need to go to federal court just yet. To try & shake this case loose, start by making another InfoPass appointment to follow up: the NY District now has an automatic review policy where they pull the A-file to trouble shoot your case and see why it is still pending if two or more InfoPass inquiries have not resolved it.
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Jason Lorenzon ·
Your case is stuck in a security clearance. You need to consult with an attorney to determine the next course of action in your case, which may include a mandamus action. The good news is, the I-130 is approved, the bad news is you still do not have your green card. Good luck.
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Neil Fleischer ·
There is not a lot you can do about security checks. Eventually filing a "mandamus" law suit against the Government ( FBI and USCIS) may resolve the problem Consult an attorney If you like this answer, please check out our website and read this article http://www.immigrate2usa.com/practiceareas/litigation/
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David Nachman ·
You need to contact someone who has worked extensively with the NY District Office and its staff to advance cases for their clients. We do this all of the time (and many of my colleagues do this too). It is very routine. We highly recommend that (if you are not able to advance the case alone using INFOPASS) that you consider hiring a lawyer to assist you here. Be sure to check to see if the lawyer that you hire has a track record of advancing cases in the NY District office. The reason for this is because, like the Courts, there are special nuances and processes in the NY District that vary from those in other Districts.
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