It took them 3 months to get my Son's account back when his got hacked... the reason for this is because they are investigating how it got hacked, by who and if it's from a Country other that the U.S. States ... My Son's was hacked by someone in Brazil, the international laws can't force Brazil's authorities to hand over the account so they have to wait till an investigation is done and they show proof to them that the account was hacked and it belongs in the U.S. ...
You need to call every week and get updated on this though because if you don't they will keep your case on the shelf ... I suggest you call every Thursday night or Friday night to get a status update ... also ask them to credit you for a free xbl account while they are investigating, they will send you an email with a free code every month while they investigate this bs ... hope this helps my Man ...