Expedite criteria

[KiwiinMaine 51]

Hi guys,

 

If anyone that has expedited based on severe financial hardship could give me any insight on what USCIS qualifies as that please, that would be most appreciated. NZ does not offer DCF.

 

My husband lives in NZ with me, but his visa expires November. He got forced out of a job due to bullying and we ended up in a legal battle because of it. Since he has no longer been working for that company he has struggled to find any work due to his military back ground being off putting. He works as a casual laborer for minimum wage now, but is lucky if he gets 3 days a week work every 2 weeks. He’s been applying to jobs for 6 months and has hd zero luck due to his work visa close to expiring and being a disabled veteran.The only reason he got the job he has is because it’s my sisters partners business. I work as well but I earn very little due to the career field I’m in. I’ve been applying for jobs and interviewing the past 4 months but never get offered the job because I have to give 1 months notice at my current job. We’re struggling to make ends meet, but we weren’t sure if this qualifies as a reason for expedite. My husband also might have to go back to the states early as he may qualify for a PTSD service dog and the next course for the approved veterans is August. He needs a service dog due to his combat related disabilities. He had one prior to moving to NZ but it was a logistical nightmare trying to get her here, so unfortunately he had to give her to the organization that was training him to train her and they gave her to another veteran in need. Again, I’m not sure if this would be a qualifying factor.

 

I apologize if this offends anyone, as I know lots of people have it far worse off than us. I’m also not trying to find any reason I can to expedite, I just wanted to ask the question and give as much information as possible since you all have such a wealth of knowledge. 

 

Thanks

[JFH 12,189]

Sounds unlikely but it costs nothing to ask for an expedite so why not?

 

My husband was unemployed through part of our process - and we were maintaining 2 households as he was in the US and I was in the UK (or rather I was maintaining two households on one income). It's tough but there is light at the end of the tunnel. This process has an end. It's not a permanent situation. That's what I always kept in mind when I was going through it. My husband struggled to find work as he has a criminal record from the 1990s. WorkSource were very helpful in getting him in contact with potential employers when he lost his job. They have seminars and workshops for people who struggle to find employment.

 

Isn't it normal to give a month's notice in NZ? It certainly is in the UK so I'm confused why this would be a barrier to you finding a better job.

 

[KiwiinMaine 51]

Just now, JFH said:

Sounds unlikely but it costs nothing to ask for an expedite so why not?

 

My husband was unemployed through part of our process - and we were maintaining 2 households as he was in the US and I was in the UK (or rather I was maintaining two households on one income). It's tough but there is light at the end of the tunnel. This process has an end. It's not a permanent situation. That's what I always kept in mind when I was going through it. My husband struggled to find work as he has a criminal record from the 1990s. WorkSource were very helpful in getting him in contact with potential employers when he lost his job. They have seminars and workshops for people who struggle to find employment.

 

Isn't it normal to give a month's notice in NZ? It certainly is in the UK so I'm confused why this would be a barrier to you finding a better job.

 

That’s what we’re trying to remember too.

 

It is normal, which is why it’s so frustrating that they use that as the reason to not hire me. They want someone who can start immediately, which is impossible unless they’re unemployed and get offered a job. There very well may be a different reason as to why they don’t want to hire me, but don’t give me that reason. I just have to take their reasoning at face value. 

 

[cdneh 3,112]

Auckland used to offer DCF, Direct Consular Filing, if your husband is legally present.  Might pay to check that out. They were pretty good to respond to email in a timely fashion.  Their contact info is on the link below.

 

 

 

http://www.visajourney.com/consulates/index.php?ctry=New Zealand&cty=Auckland

 

 

Edited May 6, 2018 by cdneh

[Ochili 21]

I expedited due to financial hardship, granted, my situation was different because we weren’t living together. At the time, I called to ask about expedite criteria. The person I spoke to told me to state the situation and all the circumstances and to be very detailed on how it affected me as the petitioner. I thought the next step would be me sending in information to support what I’d said but the next info I got was that my expedite had been granted. I was very shocked.

[KiwiinMaine 51]

3 hours ago, cdneh said:

Auckland used to offer DCF, Direct Consular Filing, if your husband is legally present.  Might pay to check that out. They were pretty good to respond to email in a timely fashion.  Their contact info is on the link below.

 

 

 

http://www.visajourney.com/consulates/index.php?ctry=New Zealand&cty=Auckland

 

 

Thanks for the link! I contacted them and they confirmed that they  don’t offer DCF anymore. I’m not sure why NZ doesn’t offer it anymore, seems silly to me.

[geowrian 22,335]

4 minutes ago, TheHills said:

Thanks for the link! I contacted them and they confirmed that they  don’t offer DCF anymore. I’m not sure why NZ doesn’t offer it anymore, seems silly to me.

A few/several years ago, the policy to permit DCF changed.

https://www.uscis.gov/archive/archive-news/uscis-centralizes-filing-form-i-130-0

 

In order to file for DCF now (barring exceptional circumstances), the embassy/consulate must have a USCIS office to adjudicate the I-130 as well.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[KiwiinMaine 51]

3 minutes ago, geowrian said:

A few/several years ago, the policy to permit DCF changed.

https://www.uscis.gov/archive/archive-news/uscis-centralizes-filing-form-i-130-0

 

In order to file for DCF now (barring exceptional circumstances), the embassy/consulate must have a USCIS office to adjudicate the I-130 as well.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

That’s makes sense. We don’t have a USCIS office in NZ or even close to us. 

 

Thanks for the info 

[cdneh 3,112]

11 minutes ago, TheHills said:

Thanks for the link! I contacted them and they confirmed that they  don’t offer DCF anymore. I’m not sure why NZ doesn’t offer it anymore, seems silly to me.

That's a pity, but worth a shot.

 

I didn't give a month's notice, but our company had it in the contract that we were paid fortnightly. I was the station Union Rep, and I looked it up in the domestic procedures. Paid fortnightly? That's how much notice we had to give.  I actually rang up my immediate supervisor on the way home from the interview to tell her I was chucking it in. Two weeks later, I worked my last day shift, declined both nights, and was out the door, no fuss no muss. 

 

All the best in your journey:)

[KiwiinMaine 51]

1 minute ago, cdneh said:

That's a pity, but worth a shot.

 

I didn't give a month's notice, but our company had it in the contract that we were paid fortnightly. I was the station Union Rep, and I looked it up in the domestic procedures. Paid fortnightly? That's how much notice we had to give.  I actually rang up my immediate supervisor on the way home from the interview to tell her I was chucking it in. Two weeks later, I worked my last day shift, declined both nights, and was out the door, no fuss no muss. 

 

All the best in your journey:)

My family keeps saying to do that since I get paid weekly, just give a weeks notice. But I need a good reference from this job and I definitely won’t get one if I do that. Also due to the nature of my job is very hard to just leave, I wish it was easier and I would definitely just give them a week and then be gone. 

[KiwiinMaine 51]

My husband wants to call USCIS tomorrow to discuss this with them and answer a few questions we have. Does anyone know what time zone the contact centre is in please? We are planning to call the 1-800 number, if anyone knows of a different number we should call instead please let me know. Thanks 

[CEE53147 559]

You say he is a disabled vet.  Have him contact the Military Helpline of the USCIS. 

 

https://www.uscis.gov/military/military-help-line

 

Do you provided any care for him such that it would be difficult for him to relocate alone?

[KiwiinMaine 51]

Just now, CEE53147 said:

You say he is a disabled vet.  Have him contact the Military Helpline of the USCIS. 

 

https://www.uscis.gov/military/military-help-line

 

Do you provided any care for him such that it would be difficult for him to relocate alone?

Okay, I’ll get him to do that tomorrow. Thank you for that link.

 

Yes I do. I am his caregiver/support person due to his PTSD he requires me to help/support him with day to day things. That’s why he’s getting a service dog, so he has more independence. It was why he was bullied out of his last job and discriminated against. 

[Illiria 980]

https://www.uscis.gov/forms/expedite-criteria

Expedite Criteria

 

USCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

USCIS may expedite a petition or application if it meets one or more of the following criteria:

• Severe financial loss to company or person;
• Emergency situation;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);
• USCIS error; or
• Compelling interest of USCIS.

Also does anyone know if Australia does direct consular filing, would it be possible for the op to move there for a while and then dcf? It wouldn’t be as fast as if NZ had it but might shave some time off if an expedite isn’t a possibility. 

 

OP does your husband have an income from the military (disability or pension) or a person who could sponsor you so that you can avoid the affidavit of support issues that sometimes come with being overseas with a spouse and sponsoring with no established income.

 

Also OP does you husband have some ties to the us still so that he can establish domicile or intent to domicile (bank account, voting registration, drivers license, car registration) some countries embassies are more on top of this than others (Canada is kind of obsessive it seems) but I am not sure about NZ. It’s something you can work on now so that when you do file you have some things sorted. 

 

Wishing you and your husband the best

[geowrian 22,335]

7 minutes ago, Illiria said:

Also does anyone know if Australia does direct consular filing, would it be possible for the op to move there for a while and then dcf? It wouldn’t be as fast as if NZ had it but might shave some time off if an expedite isn’t a possibility.

Nope, no DCF in Australia (barring exceptional circumstances again).