Anyone else filing suit where a provisional unlawful presence waiver (I‑601A) has sat 26 months at NBC with no RFE? I’m preparing an APA/mandamus in D.D.C. because clients have the right to a decision within a reasonable time to keep their immigrant visa process moving, and I’d love to compare timelines and government positions you’ve seen lately.
For a ‘26 months’ I-601A, cite TRAC, attach NVC harms: 750 F.2d - Volume 750 of the Federal Reporter, 2nd Series :: U.S. Federal Case Law :: Justia; seeing queue-management defenses?
Pre-suit, send a 14-day demand to USCIS OGC and the D.D.C… AUSA with the A#, NVC DQ date, and evidence of repeated I‑864/tax‑year updates; on two 25–28 month NBC I‑601As that got us a 60–90 day adjudication stip. @w_sharp72, beyond TRAC I’ve had better luck centering 5 U.S.C. 555(b) and limiting relief to decision‑only while tying prejudice to visa‑appointment readiness costs.
And quick data point: , my 27‑month NBC I‑601A in D.D.C… moved only after we framed a clear nondiscretionary duty under 8 C.F.R. 212.7(e) (“shall adjudicate”) and filed; RFE landed about 30 days later while DOJ sought a 60‑day extension — I consented to 30 with a status report instead (eCFR :: 8 CFR 212.7 -- Waiver of certain grounds of inadmissibility.). Small caveat: they’ll sometimes push venue transfer, so I front‑load concrete NVC prejudice and have RFE‑ready updates prepped; are you seeing the same post‑complaint RFE pattern, @xavierc93?
And tried a 60‑day consent remand? D.D.C. stipulated after we emphasized ‘26 months,’ medical/NVC renewals, and consular slot loss.
But > ‘26 months,’ medical/NVC renewals, and consular slot loss. Same harm story here, but what moved mine was asking the AUSA to confirm SAO/name‑check status and filing a proposed order requiring a 21‑day joint status report; once they said checks were clear, NBC pushed an RFE in 10 days. @s_velez93 have you tried pressing the checks piece before proposing timelines?
I’d anchor it in TRAC and 5 U.S.C. 555(b)’s “within a reasonable time,” contrast NBC’s posted time with your over‑two‑year I‑601A, and ask D.D.C. for a 90‑day adjudication deadline or rolling status reports. If the posted window is close, lean on concrete prejudice (medical/NVC re‑pays, expiring evidence) with exhibits — anyone gotten a firm deadline on a 601A lately?
Include a ‘no line-jumping’ assurance in pre-suit email; eased AUSA resistance, @OP. Want sample language?
For an over‑two‑year NBC hold, I’d still file in D.D.C. but immediately seek a stip: after Rule 4(i) service, ask AUSA for a 60–90 day adjudication commitment in exchange for voluntary dismissal. Twice on I‑601As, that moved things once I sent a one‑page timeline and verified biometrics hadn’t expired; I also note we’re not trying to leapfrog others, @w_sharp72. Are AUSAs in D.D.C. giving you 60 days lately or forcing full briefing?