12345123452006-10-21 17:33:48
AOS approved after 12 days

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My AOS that was filed more than 3 years ago was approved 12 days after filing a WOM. This was impossible without the information and encouragement posted in this forum. I would share my story with everybody especially those who are still struggling due to the delay in the name check process.

After reading the forum for about 2-3 months, I finally made up my mind to file a WOM on 9/23/06. I filed it through Pro Se because of three reasons: 1)I could not filed a lawer who has filed WOM in my district; 2) I though it was too expensive if I hire a out-of-town lawyer; 3) I believed that I could get enough information and templates to file the lawsuit by my self. All the summons were sent out by certified+return receipt mails. Based on the tracking system, both AUSA and USCIS field office received the summons on 9025/06. On 10/6/06, I received the approval letter showing the case was approved on 10/5/06. I went to have my passport stamped on 10/10/06.

On 10/10/06, I also received a letter from AUSA along a copy of the approval letter. The AUSA asked me to withdraw the case because my petition has been approved. Because I think I should not dismiss the case before I receive my green card, I called the AUSA and got touch with him on 10/16/06. He first congratulated me and asked whether I had had everything that I needed. I then told him that I could not dismiss the case without getting the green card. He then told me without hesitation that he is going to find out what he can do. He forwarded the answers from the USCIS to me on the same day saying that it will take 3-8 months to have the green card ready. I replied to him again insisting that I needed the green card. So far, the AUSA has not been able to expedite this process.

I have telled my story in detail hoping that my case will again encourage the people who are still waiting to stand up for their own right. Sometimes, the fight may be easier that you expect. I also hope that people are aware that getting the green card is another battle to fight after the AOS is approved. Because I have not read any similar stories, I will continue to post the progress on my case.

I am thinking to agree to dismiss without prejuice so that both the AUSA who is a really nice person and I will not have much to do. If I don't receive the card without the USCIS timeline (3-8 months), I will ask to reopen the case and press the AUSA then. Anybody has better ideas?