1. It has now been seven months since my I-485 interview without any news; what should I do?
A reader asks:
In January 2025, I filed my I-485 application alongside my EB-1A petition. I attended my interview in October, and it went very smoothly. Immediately after the interview, my case status was updated to indicate: “The interview has been completed, and your case must be reviewed.” Since then—up to the present moment—there have been absolutely no further updates. I am not a member of the Communist Party; however, my undergraduate university is listed on the “Section 10043” restricted list. I am anxious and left wondering if this is the reason for the delay. I have already sent numerous letters to the White House and to my congressional representatives, but they haven’t been of much help. It has now been seven months since my I-485 interview without any news; what should I do?
Alan Lee, Esq. answers,
You are doing the type of tracing that may be helpful in having your case resolved. You have not mentioned whether you have attempted to contact USCIS, and you may wish to do so if you have not done it. When your case has exceeded one year from the date of interview without result, you may consider bringing a mandamus lawsuit in federal court to obtain some action on your pending case. Note that the suit would only be to quicken the time for adjudication and does not compel the agency to approve your case. A court could order USCIS to issue a decision quickly.
I note that a court may decide that not sufficient time has passed to file the suit or that USCIS has legitimate reason to hold onto your case.
2. I submitted I-485, but I’m very likely to be laid off soon. How can I delay things enough to hit the 180-day mark?
A reader asks:
I just submitted I-485, but I’m very likely to be laid off soon. How can I delay things enough to hit the 180-day mark without getting an interview or RFE, and then submit the I-485j with a new employer? If I delay the fingerprinting, does that mean the case won’t be transferred to a field office and thus won’t be adjudicated? How long after filing the I-485 do interviews usually happen? Some people say their case was transferred right after fingerprinting and they had an interview about four months after filing.
Alan Lee, Esq. answers:
Current processing times for 80% of employment based cases for adjustment of status show that the minimum period of time for adjudication is nine months with many cases going well beyond that time limit. In the Trump administration, the emphasis is on security and vetting, and so cases are slowing down, and it would appear that you will have your opportunity to submit the I-485 J for job porting at the 180 day mark. Please note that if you receive a RFE, you will normally be given 87 days to respond to the agency. You can delay the fingerprinting, but would have to request a rescheduling prior to the appointment date and give good reason for missing the biometrics appointment.