This may have already been posted.

http://travel.state.gov/visa/laws/telegram...grams_2927.html

If so, it's still a good reread.

Good job!
First time I read that!

Thank you very much.

It explains everything

The first time I read that. That is exactly what everyone has been searching for. So they are at fault and we suffer. Ok so when someone has an interview and makes a mistake, we should just tell them, you know I made a mistake and I need to fix it, and then I will return to interview. Is it legal to do this after an approval? I just talked to someone at the consulate that has our petition adn she never mentioned our petition being recalled. So now I worry that they are just playing a game, and when she goes for her interview they will tell her they need to return the petition to the US for further checking.

It means that all of us with NOA1 after March 5 will get an RFE. I wonder when they will send it?

In addition it also says that they are compiling a form to send us to ask us our criminal history. It would appear there will be no NOA2 until that form is compiled, sent, filled out and returned. Looking at the timelines for each center there has not been a NOA2 approved since the start of may except for those w2ith RFEs. So knowing the goverment i would estimate three months to compile the form, then print it, send it out and get it back. I would not expect new NOA2's short of 5 months from now.

How did you reach that conclusion?

Ah!! It's just one thing after another, isn't it??

I feel awful for those that have interviews and had their petitions recalled... or even people who had the joy of getting the NOA2, then being disappointed by yet another roadblock.

I am curious how this will affect all of us who have NOA1 between March 6 (My NOA1 is dated March 13th, from NSC).

If they knew this was coming, how hard would it have been to generate a new form that people who filed after March 6th would fill out??? Sounds like a pretty basic task to me!!

This is just horrible, and so frustrating!!! I wonder if there is a way to get some more answers... (though I won't hold my breath!)

Good luck to everyone during this discouraging time!

Thanks for the post but this is insane.

I am SO pissed - how stupid can they be?

It's not like they didn't know this was coming but they still couldn't get it together enough to send the questionnaire? They couldn't be smart enough to send an email with this information directly to each petitioner who set up an online account and provided an email address?

No wonder there is no email address to contact the service center - we would bombard them with hate mail.

I hope that this issue will be resolved as soon as possible. Good luck to all of you.

I would like to find out who I can send this "hate mail" to. Cause I sure have a few words to say about the incompetence of our immigration system, especially if the law was signed a YEAR EARLIER!!!!!

Absolutely!!!
I just e-mailed my senator from Michigan. I just needed someone to complain to! I told her all about how peoples petitions are being recalled, and interviews being cancelled, petition approvals being delayed, and how badly we want some answers, and accountability from our government agencies. Who knows if it will help, but at least it's a voice heard (maybe!).

When you get that "hate mail" email address, let me know what is it...

I think we should get the address at the white house and email BUSH in big black bold letters: "We knew you weren't the smartest of them all.....but really did you bother to read this law or at least inform your subordinates on how to properly implement it damn it!!"

It says so in the memo that the DHS put out.

Do you guys think the petitioners will receive only these documents to provide their criminal records or a whole new I129F will be needed later on?

Oh yes, I agree! There is incompetence on all levels of government... including the level that deals with extra-terrestrial/english translation with our president.

Piggybacking at it's worst... and don't you feel so helpless at times to do anything about it all?
I am almost beyond hope at this point. It just seems that right when I get excited about something (so close to getting our NOA2), there is another roadblock (we tried the H1-B route before... even more painful, impossible, frustrating, and time-consuming).

I would love to walk into someone's office at the USCIS, and simply waste THEIR time, as they do to all of us.






Ha, I hadn't even thought of that. Best-case senario, we will recieve an updated I-129 to fill out. I couldn't imagine sending the whole damn thing again! All those photocopies!!!

What I am concerned with is the timliness of this new, updated I-129... they still have to create it, then send it out to everyone (this should have been done months ago), apparently. Not to mention process it when they do get it, then finally issue an approval. Who knows? Time will tell I suppose.

As I said in a previous thread. I think this could have been handled by the consulate rather than send the cases all the way back to the service centers. All one has to do is take a trip down to the local police station (if they still do police checks) and they should have provided the forms online (they only need to add only a few things to the I 129F). Then it could have been sent directly to the consulate from the petitioner. A delay of what a couple of weeks at best thereby eliminating any backlog of petitions that the service centers are gonna have. Maybe I need to work for them...nah..probably get fired for having too much common sense.

I don´t think they would release a statement before having the new document ready to go.

I think they realized theeir mistake, wondered abou what to do, held the aplications, decided what to do, recalled the petitions back and are now ready to review the cases.

But what do I know.. I wouldn´t think they would make such mistake in the first place..

I think it´s very important that us who had the petition sent back keep checking the status of our petition online on a daily-basis.

I´m also hoping that the USCIS officers were informed today of all this and can give us information.

The question now is:

ARE YOU STILL HOLDING APLICATIONS OR YOU HAVE THE NEW DOCUMENT READY TO BE SENT TO THE RECALLED PETITIONERS?



I heard the same thing from the Consular Officer in Rio today.
She said she thinks they could have easily do this without recalling petitions, but let´s say a particular case do not meet the new IMBRA law? Then they will need the petition back..

Well.. they have recalled it already. There´s nothing we can do but be sorry for ourselves.

I wonder what does this mean for those people already in Security check hell..

Yeah this is crazy I am not sure how long this will hold everyone up now! I was getting so close with a NOA1 of March 14th and people were getting them on the 10th and 13th and then it comes to a halt. For all the people already approved and held up I feel for you all!
The other sad part on top of how long its going to be holding us all up is all the new people who are sending in there I129F's and there glady taking the money from them from what I can tell as there people are still getting the odd NOA1 but yet no sign of this new form they are to use.
So all these people continue to send in forms with one strike against there time line right off the hop by the sounds of it which is crazy in itself. If they dont get this up and out there right away its going to be an issue that will continue for months down the road for everyone as the "wrong" information continues to flow in wouldn't one assume?
Also with the name checks and such that they currently do it seems a little crazy that they are to send out a form for criminal records background when it appears they already have the ability to gather this on you am I correct?
Finally it seems as though they should not be recalling and delaying everyone as there should be some sort of grace period in here. They were given the couple of months to get a form out there and inform the public of any changes to the system but failed to do either of these,and are continuing to take the incorrect form as the new one does not appear to be available so surely some sort of grace period should be put in place as the agency as usual was incompent and ill prepared for change. Thats just my thoughts but I mean then again if it has any sort of logic they wont be using it!

Good luck to all for a quick resolution!

I just downloaded the I129F form from the USCIS website and it´s still the old one.

This is unbelieveable.

Hi

Is this new law will affect petitions filed on or after March 6? or will affect all petitions filed before March 6?

Bill

After.
You´re fine!

I think this calls for letters sent to various levels of the government. It probably will not do any good but to me it will feel good to get thoughts off my chest of the way I feel about this whole situation.

I got lately package 3, the foms included expired in 2003......Can u believe it?
As soon as I got it,I tell you my head was blowing..........I started to heave a big headache
thats so unfair how it is................

I'm sorry maybe I am just not seeing something but is this going to affect people with NOA1's after March 6th or NOA2's after March 6th? My stomach is churning as our petition was received in Morocco today.. why would they send it just to recall it again.

If your NOA1 is dated March 5 or later then it affects you. If your NOA1 is before March 5 then your OK.

Thanks Gary, I just wanted to be sure.
Good luck to everyone I am so sorry this is affecting so many people. Hopefully they'll move pretty quickly... for the government.

So, if we received an NOA1 on March 7, but have already gotten a NOA2, and an email from the NVC stating that they have forwarded the case to the Consulate, will our case STILL be recalled and an RFE sent?

Gary,
I know you really do know this, but its not NOA1's date March 5 or later that are affected. But for all those that will be reading these posts, I had to bring it to your attention.

2. While most K-1 cases under the new IMBRA requirements
were held at the service centers pending development of a
new form I-129F, some cases were processed after March 5
using the old forms and procedures and sent to posts for
processing. The DHS Service Center Operations (SCOPS)
Unit of USCIS, Status/Family Branch requested that posts
return to NVC all K1 I-129F petitions with priority dates
(date received at the DHS office) on or after March 6,
2006.


Just to reiterate what I have been continually saying for days and is also stated in this telegram.......The received date (the date the petition is received & date stamped) on the NOA1 (not the NOA date) is the date by which this (IMBRA) and anything else for that matter is taken from.


I wish all those caught up in this all the very best, and I hope you will all be be getting positive news soon regarding your petitions.

Lorelle

So, I have a received date of March 1, 2006, a Notice date of March 7, 2006, and a blank priority date. From what I read of your post, aussie, that means that this petition doesn't fall under the new law and therefore won't be recalled for a security check, is that correct? Gotta ask just to make sure.

I am not a lawyer so take this with a grain of salt. But it looks like anyone that has a NOA1 date after March 5 will get sent back. I guess we will just have to wait and see. Good luck!

Yours is before so it looks like your OK.

As with Gary, I am not a lawyer, but petitions that are received before the act came into practice will not be affected. Imagine the law suits if that happened. A different kettle of fish if the act was retroactive...which it isnt.....there is nothing in the act from what I can see that makes it retroactive...nor is there anything on any of the immigration lawyer sites that would give this notion.

Lorelle

This is exactly what I thought the reason for the recalls was - but Im glad they've actually put it out there so its 'official' and people have an article they can reference.
It doesn't surprise me in the least that the depts involved didn't meet the deadlines - I doubt very much any of them were alotted extra staff to deal with this situation - although as others have said, why they then sent the cases to NVC (when they hadn't gone thru the USC security checks) is beyond me. That part of it seems quite insane - did they think no-one would NOTICE?
Or were VSC worried they'd lose their 'fastest processing center' status??
I'm sure many of the people affected, while being annoyed at any delays for an NOA2, would have been happier with a delay at THAT stage than a recall after they thought things were moving.
Seems like a 0/10 for customer relations - and common sense - there.

We did see some approvals from Nebraska after IMBRA law. There were two approvals last week. Did they have to send in any new form? Maybe they just mean they need to make new notes on the forms, like they said "some cases were processed after March 5
using the old forms and procedures and sent to posts for
processing." What I mean is, they wouldn't be accepting any new petitions before changing the I-129F form, so maybe it's something they were supposed to do at USCIS, and we won't ALL get an RFE.

I could be just dreaming, but really, 5 months to do this like, sounds way more than anyone can bear with. I'm sure they can come up with something that goes faster, like an e-form the petitioners can fill and send, especially for those with a NOA1, they can just use their case number to send the info online. That would be reasonable.

Sorry for the double post but with this new memo, are they saying EVERYONE needs the extra check? Or just those under IMBRA?

As I read it, the law changed on march 5/6th and all petitions rec;vd from then onwards fall under the USC criminal history checking requirements

Rather stupid.

My mother works for the government (not with immigration though -- Social Security Admin.) and she always tells me about the ridiculous incompetence of her co-workers -- how much misinformation they give out to people and all the mistakes they make while processing claims, etc. The problem is that government workers can't lose their jobs for practically any reason or any number of hideous mistakes, so it doesn't motivate them to do their jobs attentively. My mother happens to do her job very well and she cares about it, but maybe half her office does NOT feel like that. I'm sure USCIS is the same way -- people ignoring or never bothering to learn new procedures. And instead of punishing the workers (or officer managers, or whoever) they punish us for their mistake.

"No cases in issued status will be recalled."

What does that mean? Cases received before March 6th? They already have recalled cases received by USCIS in January, February and earlier in March. Maybe that means that if the consulate sent back a case with a NOA1 before March 6th, those cases will get bumped back to the consulate?

Or does that mean cases where the visa has already been issued?

I think one of the approvals last week was post RFE
The other, one of my friends, came from a petition with a receipt date of March 3 I believe. So it looks like they aren't moving.

If anyone is using an attorney, it would be great to hear from advice on how we can voice our complaints and complete dissatisfaction with how, once again, the USCIS has totally botched something that could have been easily managed. It doesn't seem like emailing congressmen would be very effective but if anyone's lawyer has an idea, I'm open to shooting some wicked letters all of the country - just tell me who to send them to.

this is definately TEH SUCK. I know I had looked at IMBRA implications when I filed in April and made sure I had all the newest forms. I had hoped that would save me this kind of hassle.....

That's a question. When are the 'new forms' supposed to be out?

Again, just by looking at the article, and with no 'inside info' I would imagine this means that visas that are already issued (as in PHYSICALLY PRESENT IN THE PASSPORT) are not being recalled.

Well think of it this way it has already been 2 1/2 months since this law went in effect and we are just now seeing people being recalled, etc.

Yes, I believe that means they can't take back the visa if it's already been issued. They do mention cases with 221g, which means people who are in AR or AP (that is post-interview, pre-visa) may be affected.

I just called the 1800 375 5283 number and asked for any additional information about the imbra, I129f new application, return of the old I129f, or why the approvals for the I i29f's have stoped at the california service center. The answer I received , (after she checked with her supervisor) was that they have not received any information about this. They do not know about the the new form, they have no information about Imbra, they do not know anything about the forms being returned, or about new criminal backgroujd checks. Wonderful, just wonderful .... This could take months....

great. well, at least I should be good and settled in my job (waiting on client to purchase my consulting contract and make me a FTE) when this all goes thru. I was hoping for Kathe be able to come here and then we pick out a house together before my lease is up on my place. Now it looks like I will need to extend my lease just so I have the same address while the stupid process runs its course....

And I believe the they end the Official Statement advising the authorities to give us this phone number for further information.

It seems clear to me that they are trying to gain time while preparing the next step. That means they are playing with people´s feelings.

I´m gonna call them too. This time I will complain. No reason to be nice and polite anymore. We did everything right. They are in fault, so we deserve at least some information.

I contacted my Congressman by phone. Of course, I didn't talk to him but I was ranting on the phone to the person in the office. She took all my information and said he would contact me. They wouldn't give me his email address. I plan on following up with a letter. I am not ranting to him about my specific case but the new law in general and the mess they have now because of it.

I am also going to contact my local tv station to see if they can assist in any way. I have done it before on other issues and I am not afraid to do it again. What is the worst they are going to say, "they can't help me". If that is the case then fine, at least I tried.

Bro, I gave up my job, I sold things and my fiancée in the US has to move to "our new place" next month.

This is really messed up!