Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Let Alone in the Process

Q. I'm writing out of frustration with the INS. My wife has been waiting since June 1998 to get her residence. We met in May 1992, had a daughter in July 1994, and married in June 1996. 1 became a US. citizen in May 1997 and petidoned for my wife and her son. I also petitioned for my 9-year-old son in Kingston, Jamaica. When we went to my wife's INS interview on June 17, 1998, the examiner said everything was fine except her fingerprint clearance was not in yet We haven't heard from the INS since. We've made three visits to ask about the applications, but we were told that the matter is pending. My son In Jamaica got his green card, but we --can't find out about my wife's file.

A. You'd think that in an election year politicians would speak up about these INS delays, which are fast becoming a major topic in letters from readers. Still, beyond continuing to inquire, you have very few choices. You can contact your congressional representativs - and you should.

Your visit will remind the representative about, how the immigrant community is suffering from these - delays. However, with so many people waiting- for so long, I doubt you'll get much individual help from your elected officials. The only way you can force the INS to decide your wife's and stepson's cases, is by fil.ing a mandamus action in federal court. That means asking a federal judge to order the INS to act on your case. You'll need a lawyer to help, but just the filing of a mandamus complaint often results in the INS deciding the case.

(By Alan Wernick)

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