Question:
Why has my I-829 been pending for 13 years? I came into the United States in 1999 after my father received his green card through the EB-5 program. We received a two-year green card and requested a removal of our I-829 condition in 2001. It has been over 13 years now, and our I-829 is still pending. Since my father was the petitioner, my brother and I are his dependents in this case. I have been going to the infopass appointments every year to renew the conditions on my green card, since it expires every year. How can I move forward with this case? I recently married my wife, who is a U.S. citizen, and applied for an I-485 to adjust my status so that I can be under her case. However, after my interview, I was denied since I already have a green card. Additionally, my father plans on retiring overseas and removing his green card. How will that affect my brother and my status here in the United States?
Answers:
With so many issues that will affect your immigration status, you need an experienced US Immigration attorney to review the details of your immigration history (including filings) and the help create an approvable plan to move forward.
First, I would request that your Senator inquire from USCIS as to unreasonable delays in the processing of the I-829's. Also based upon the many inquiries you have made without a response from the old INS or now the USCIS, you may retain an experienced EB-5 attorney to file a Mandamus Action in Federal Court which will force the USCIS to respond. In your case you can withdraw your permanent residency claim under the I-829 that was filed and move forward with your I-485 application based upon your marriage to a U.S.citizen. Your father should not withdraw the I-829 until all family members obtain there unconditional permanent residency based upon the approval of the I-829.