Calling USCIS for an Expedite - denied!

[Musashii 21]

My wife called USCIS, managed to get a service request on March 20, 2012.

Today on March 22, 2012 the following email was received.

From: USCIS <USCIS-CaseStatus@dhs.gov>

Date: Thu, Mar 22, 2012 at 11:59 AM

Subject: Your recent inquiry (receipt #WAC-xx-xxx-xxxxxx)

To: xxxx@xxxxl.com

U.S. Department of Homeland Security

CALIFORNIA SERVICE CENTER

24000 AVILA ROAD

LAGUNA NIGUEL,CA 92677

U.S. Citizenship and Immigration Services

Thursday, March 22, 2012

Emailed to xxxx@xxxx.COM

Dear xxxxxx:

On 03/20/2012 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I130

Filing date:

-- 01/03/2012

Receipt #:

-- WAC-XX-XXX-XXXXX

Referral ID:

XXXXXXXXXXXXCSC

Beneficiary (if you filed for someone else):

-- Information not available

Your USCIS Account Number (A-number):

-- 000000000

Type of service requested:

-- Expedite

The status of this service request is:

The California Service Center acknowledges receipt of your request for expedited handling of your I-130, Petition for Alien Relative. After careful review, it has been determined that the request does not meet the expedite guidelines established by U.S. Citizenship and Immigration Services. As such, the case will be adjudicated in date receipt order.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283 .

Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must submit Form AR-11 AND notify this office of their change of address, within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). To notify this office of a move, visit our website at: www.uscis.gov or call the National Customer Service Center at 1-800-375-5283 . The Form AR-11 can be downloaded from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. Instructions for filing the Form AR-11, including mailing instructions, are included on the Form.

U.S. Citizenship and Immigration Services

1. What guidelines are they talking about and where to find the guidelines?

2. She was never even asked to provide any evidence regarding the expedite request. How can they just deny the request without even asking or viewing the evidence?

3. Does it mean a straight denial of expedite request off the bat? or is there a chance that "IF" we somehow find and meet the expedite guidelines, we can request an expedite again?

4. Since no evidence was ever requested by USCIS, can we send an e-mail to DHS Ombudsman to seek a solution?

Edited March 22, 2012 by Kathryn41
edit out identifying information

[Saylin 1,605]

My wife called USCIS, managed to get a service request on March 20, 2012.

Today on March 22, 2012 the following email was received.

[...]

1. What guidelines are they talking about and where to find the guidelines?

2. She was never even asked to provide any evidence regarding the expedite request. How can they just deny the request without even asking or viewing the evidence?

3. Does it mean a straight denial of expedite request off the bat? or is there a chance that "IF" we somehow find and meet the expedite guidelines, we can request an expedite again?

4. Since no evidence was ever requested by USCIS, can we send an e-mail to DHS Ombudsman to seek a solution?

Expedite criteria is found here: http://www.uscis.gov...00045f3d6a1RCRD

Why was an expedite requested? What was the criteria?

What happened on the phone call? What did the wife say/ask for?

More details are needed...

Edited March 22, 2012 by Saylin

[Musashii 21]

Expedite criteria is found here: http://www.uscis.gov...00045f3d6a1RCRD

Why was an expedite requested? What was the criteria?

What happened on the phone call? What did the wife say/ask for?

More details are needed...

An expedite was requested on "humanitarian" grounds. My wife expressed her concern about my safety as the situation in Pakistan is not really safe or stable.

It is even mentioned on DOS website under travel warnings for those who are visiting Pakistan. I am not sure whether she managed to talk to some Tier 1 person or Tier 2 but she was told there are other expedite requests from Pakistan and we might get approved. She was not asked anything else, was given a TKxxx tracking number and was told that she will hear from them within 5 days.

Today (after 2 days) she received an email as shown in the previous post. No evidence asked, nothing at all just denied. So I am just wondering, why would they simply deny without even asking for any evidence? I would not mind a denial if they had asked for evidence and it was not sufficient.

[Saylin 1,605]

An expedite was requested on "humanitarian" grounds. My wife expressed her concern about my safety as the situation in Pakistan is not really safe or stable.

It is even mentioned on DOS website under travel warnings for those who are visiting Pakistan. I am not sure whether she managed to talk to some Tier 1 person or Tier 2 but she was told there are other expedite requests from Pakistan and we might get approved. She was not asked anything else, was given a TKxxx tracking number and was told that she will hear from them within 5 days.

Today (after 2 days) she received an email as shown in the previous post. No evidence asked, nothing at all just denied. So I am just wondering, why would they simply deny without even asking for any evidence? I would not mind a denial if they had asked for evidence and it was not sufficient.

Hmm, you do fall under one of the criteria categories, although, depending on your evidence, it could be denied or approved, but like you said, they didn't even request any evidence. I'd suggest for your wife to call them up and explain what happened. Tell them you have evidence and wish to send it in before a decision is made on the request.

[Musashii 21]

Hmm, you do fall under one of the criteria categories, although, depending on your evidence, it could be denied or approved, but like you said, they didn't even request any evidence. I'd suggest for your wife to call them up and explain what happened. Tell them you have evidence and wish to send it in before a decision is made on the request.

I am not sure if I fall under one of the criteria categories or not.

All I can say is that there have been at least 146 blasts in the country where I live since January 2012 to date and recent one just 3 days ago killed 2 policemen, injuring several others. Not counting any from 2011. There are kidnappings for ransom and suicide bombings. Anyone can search on google and find enough evidence. I don't know if that is not reason enough to request an expedite. Also due to her being so stressed over all that news and concerned about my safety she is having breathing problems, been diagnosed with bronchitic asthma (she did have this condition 3 years ago but it was under control and she did not even have to use an inhaler for it until recently). Evidence can be provided if they asked but they never did

Edited March 22, 2012 by Musashii

[Saylin 1,605]

I am not sure if I fall under one of the criteria categories or not.

All I can say is that there have been at least 146 blasts in the country where I live since January 2012 to date and recent one just 3 days ago killed 2 policemen, injuring several others. Not counting any from 2011. There are kidnappings for ransom and suicide bombings. Anyone can search on google and find enough evidence. I don't know if that is not reason enough to request an expedite. Also due to her being so stressed over all that news and concerned about my safety she is having breathing problems, been diagnosed with bronchitic asthma (she did have this condition 3 years ago but it was under control and she did not even have to use an inhaler for it until recently).

Yes, it would fall under "humanitarian situation". It's similar to when USCIS was expediting all Haiti cases after the horrific earthquake that hit there.

If you do get the chance to submit evidence, I'd suggest putting together news articles or something about all the blasts and injuries. As well as a doctor's note detailing your wife's breathing problems and the cause of it.

[Musashii 21]

Yes, it would fall under "humanitarian situation". It's similar to when USCIS was expediting all Haiti cases after the horrific earthquake that hit there.

If you do get the chance to submit evidence, I'd suggest putting together news articles or something about all the blasts and injuries. As well as a doctor's note detailing your wife's breathing problems and the cause of it.

Thank you Saylin.

She had to head to work today but she told me she is going to call USCIS tomorrow and see if they will let her talk to any Tier 2 officer and / or let her submit the evidence. If that does not work, we will write to DHS Ombudsman and perhaps they can look into the whole scenario. We do have evidence (news from local and international websites, statistics of deaths and injuries and also her medical report from hospital).

On side note, I wonder if she should just attach all that evidence in reply to that e-mail address from which she was sent that denial e-mail? unless that address is a "do not reply" one.

Edited March 22, 2012 by Musashii

[Saylin 1,605]

Thank you Saylin.

She had to head to work today but she told me she is going to call USCIS tomorrow and see if they will let her talk to any Tier 2 officer and / or let her submit the evidence. If that does not work, we will write to DHS Ombudsman and perhaps they can look into the whole scenario. We do have evidence (news from local and international websites, statistics of deaths and injuries and also her medical report from hospital).

Sounds like a good plan

Good luck!

[Adriene H 89]

Yes, it would fall under "humanitarian situation". It's similar to when USCIS was expediting all Haiti cases after the horrific earthquake that hit there.

If you do get the chance to submit evidence, I'd suggest putting together news articles or something about all the blasts and injuries. As well as a doctor's note detailing your wife's breathing problems and the cause of it.

Sounds more like a warzone than a natural disaster.

Easy to watch on TV but unless one has actually

lived in the middle of all that strife, I can't

even imagine the plague of issues that would

arise; Anxiety, insomnia to name just a few.

Scary stuff!

[Saylin 1,605]

Sounds more like a warzone than a natural disaster.

Easy to watch on TV but unless one has actually

lived in the middle of all that strife, I can't

even imagine the plague of issues that would

arise; Anxiety, insomnia to name just a few.

Scary stuff!

Yeah, I can't imagine it either. I've lived in Canada and the US where it's peaceful, compared to the Middle East and Africa that have to deal with such atrocities every single day

[Musashii 21]

Walking on the road never knowing if one would return home in one piece or in many pieces thanks to some lunatic suicide bomber. What hurts more is USCIS dismissing the request even without asking for any evidence and saying the request does not meet the guidelines. :facepalm:

[Saylin 1,605]

Walking on the road never knowing if one would return home in one piece or in many pieces thanks to some lunatic suicide bomber. What hurts more is USCIS dismissing the request even without asking for any evidence and saying the request does not meet the guidelines. :facepalm:

It could have been an error, who knows.

[Adriene H 89]

Walking on the road never knowing if one would return home in one piece or in many pieces thanks to some lunatic suicide bomber. What hurts more is USCIS dismissing the request even without asking for any evidence and saying the request does not meet the guidelines. :facepalm:

Does current relations between the USA and Pakistan have any

bearing on the decision maybe?

[Musashii 21]

Thank you Kathryn41

Does current relations between the USA and Pakistan have any

bearing on the decision maybe?

Who knows? If go by that then end result of all I-130/K-1/K-3 petitions for Pakistani beneficiaries could be denied. I hope not.

Edited March 22, 2012 by Musashii

[NigeriaorBust 4,087]

Are you directly in an area where there are problems ? If you read the travel warning half the 3rd world countries read like yours ( check out Nigeria they are almost identical ) You must prove that there are activities very very close to you ( like the neighbor or at least on your street ) You can live in a "dangerous" country and not personally be in any danger at all.