Notable Client Success: Congressional Assistance on Form I-485, Application for Adjustment of Status

Has your gut ever told you there was something wrong with your case that was pending with U.S. Citizenship and Immigration Services (USCIS)?

Often, clients worry that there is something wrong with their case because it’s been pending with USCIS for a long time. In most instances, the delay is the result of USCIS’ historic backlogs and there is nothing wrong. As frustrating as it is to tell clients this, usually, we have to wait for the case to be outside of “normal” processing times, even if we consider those processing times unreasonable.

But, sometimes, your gut is right. There is something wrong with your case. This post is to celebrate a Client’s perseverance in advocating for herself and the success that we were able to help the Client achieve.

The Client filed her I-485, Application for Adjustment of Status, in March 2020 based on an approved multinational manager (“EB-1C”) petition. During this process, she and her employer were represented by a large multinational immigration law firm. While the vast majority of her colleagues who filed their EB-1C I-485 Applications around the same time got their greencards by November 2021, it was March 2022 and her case was still pending.

The Client informed her attorney that something was wrong—and not just because her case was still pending. She received a USCIS case status update in April 2022, advising her that her case was transferred to the Board of Immigration Appeals for reconsideration of her application for relief from removal! How was this even possible? She was not the subject of removal proceedings and no appeal was filed on her behalf. She maintained valid L-1A status. She reported this to her attorney, who told her to just be patient—USCIS would figure it out on its own.

Two months later, she received an EAD with her biographic information, but the photo was of a man she did not know. The employment category on the card was not for someone with a pending I-485. She also reported this to her attorney, who returned the card to USCIS, but took no further action. 

Frustrated, the Client consulted with immigration attorneys from two other law firms, who advised her: (1) nothing could be done because her I-485 Application was still within published USCIS processing times; and (2) to just be patient and wait for USCIS to render a decision on her I-485 Application, which was now pending well over two years and seemed to be lost.

The Client, clearly frustrated, retained our firm in January 2023 to find out why her case was so delayed and what options were available. Like our Client, we were concerned about the odd USCIS status updates that she had received and the issuance of the EAD with someone else’s photo. After speaking with our Client and reviewing the documentation in her case, it was our position that USCIS had combined our Client’s file with someone else who was in removal proceedings. This could explain the delays in her case as well as the erroneous status updates and EAD.

We concluded that the best strategy was to seek congressional intervention. We were fortunate that our Client lived in a region with a member of Congress who was very active in resolving immigration issues. We submitted a request for Congressional assistance in February 2023 and in March 2023, we received a USCIS case status update informing us that our Client’s I-485 Application was transferred to a local USCIS field office near her home for adjudication. A week later, our client received her greencard—nearly three years from the date she filed her I-485 Application!

So, the moral of this story is sometimes, a delay is just a delay, as frustrating as it is to have to wait. But, when your case is delayed and you receive updates or documents from USCIS that simply do not make sense for your circumstances, and you believe something is wrong, trust your gut. Tell your attorney. And if they do not take meaningful action, get a second, third, or even fourth opinion. Find an attorney who is as passionate as you are about getting your case resolved.