Hiring a Lawyer

[jkedhd 5]

So I contacted the USCIS they sent out a "Service Request" no more than 48hrs later I got a letter from the Newark local office reiterating that the case is still pending consideration and they regret they are unable to give me a timeframe. Although they stated that they are processing February cases at this point at USCIS, I find its a big load of horse manure that they for one second moved their slothy behinds to even look for the case to begin with. I am FED UP and I don't care who I have to hire, thankfully I have a Legal Plan with my company, I am turning to an immigration lawyer this is unacceptable and I am at my wits end!!!!

[dwheels76 5,468]

So I contacted the USCIS they sent out a "Service Request" no more than 48hrs later I got a letter from the Newark local office reiterating that the case is still pending consideration and they regret they are unable to give me a timeframe. Although they stated that they are processing February cases at this point at USCIS, I find its a big load of horse manure that they for one second moved their slothy behinds to even look for the case to begin with. I am FED UP and I don't care who I have to hire, thankfully I have a Legal Plan with my company, I am turning to an immigration lawyer this is unacceptable and I am at my wits end!!!!

I know you are fed up but what exactly do you think a lawyer can do? Wait times and timeframes is not a legal issue. They can take as long as they want and they do. There are 535,000 stamd alone I-130's backlogged some being transferred here and there to lessen the load at NBC. Still people wait. I had just mentioned in anoter thread 3 friends waiting seince October to December last year and they have got nothing they too stuck in the "Local Office" hell.

Pay money if you want who knows maybe your lawyer knows Susie at the office and she can wink wink hook you up. Just saying.

[LIFE'SJOURNEY 970]

Its a good thing you live in a country of the land and free so you can do such an act. I say do what makes you happy, I am sure you will find one such lawyer who doesn't mind taking your money from you..

[Sirdaniel42 86]

As said by Dwheels76, a lawyer makes no difference they can not influence the speed of your application and you will waste your money.

Good Luck.

Edited December 10, 2013 by Sirdaniel42

[Kaylara 814]

Writ of Mandamus. Look it up. I've actually read on a particular lawyer's blog that this may be an option (allbeit an expensive and long one, but whatever, it's not like we're getting our petitions processed quickly anyway.) especially in light of how the USCIS has been treating the K3 visa.

Edited December 10, 2013 by Kaylara

[jkedhd 5]

I have nothing to lose by trying and consulting with a lawyer at this point after hitting a brick wall. My husband, who I actually love is worth more than monetary expenses. Sure, perhaps I should keep my rants to myself and when there is some light shed on the situation I can recommend doing what I have done and ENCOURAGE others to do the same instead of being sarcastic and discouraging. Thanks anyway.

Edited December 10, 2013 by Mari&Fadi

[Darnell 8,478]

I suggest, instead, starting and following through with a Congressional Inquiry.

Engage with an Immigration Liason Staffer Human at a Senator or Congressman's office, then have the ILS human find out exactly where the casefile is, and exactly where the casefile was, prior, as of what date. Don't just ask for casefile status, ask where the casefile is (even if you know of it).

[jkedhd 5]

I suggest, instead, starting and following through with a Congressional Inquiry.

Engage with an Immigration Liason Staffer Human at a Senator or Congressman's office, then have the ILS human find out exactly where the casefile is, and exactly where the casefile was, prior, as of what date. Don't just ask for casefile status, ask where the casefile is (even if you know of it).

I have done this. Twice. All the Senator did was file an inquiry. Which is obviously not thoroughly taken into consideration because I received the same letter from Newark stating there is no information available at this time. I have called the Senators office three times today, I get tranferred and the call drops. Newark New Jersey, for lack of better more politically correct verbiage, is a hellhole. Thank you dear.

[jkedhd 5]

Writ of Mandamus. Look it up. I've actually read on a particular lawyer's blog that this may be an option (allbeit an expensive and long one, but whatever, it's not like we're getting our petitions processed quickly anyway.) especially in light of how the USCIS has been treating the K3 visa.

I will keep this in mind. Thank you.

[dwheels76 5,468]

I know you are fed up but what exactly do you think a lawyer can do? Wait times and timeframes is not a legal issue. They can take as long as they want and they do. There are 535,000 stamd alone I-130's backlogged some being transferred here and there to lessen the load at NBC. Still people wait. I had just mentioned in anoter thread 3 friends waiting seince October to December last year and they have got nothing they too stuck in the "Local Office" hell.

Pay money if you want who knows maybe your lawyer knows Susie at the office and she can wink wink hook you up. Just saying.

Excuse my typos. Yikes.!

[Darnell 8,478]

I have done this. Twice. All the Senator did was file an inquiry. Which is obviously not thoroughly taken into consideration because I received the same letter from Newark stating there is no information available at this time. I have called the Senators office three times today, I get tranferred and the call drops. Newark New Jersey, for lack of better more politically correct verbiage, is a hellhole. Thank you dear.

OK - so, the casefile is in Newark, and the casefile is tagged with Congressional Oversight. That's a plus, really.

I've written stuff about going in to a local office - try the advanced search tool,

search terms = '130 Adjudication Unit'

Membername = 'Darnell'

then click on 'display as posts'. The advanced search tool is in the upper right hand corner, is NOT the google search box.

IMO, if you go in, on an infopass appointment, ask the right questions of the right people, you'll learn, at a minimum, WHERE in the queue that casefile really is, and a projection of WHEN the casefile will get in front of an adjudicator.

Yes, Sorry, Newark is a h3ll-hole. Apologies.

[Kaylara 814]

I have done this. Twice. All the Senator did was file an inquiry. Which is obviously not thoroughly taken into consideration because I received the same letter from Newark stating there is no information available at this time. I have called the Senators office three times today, I get tranferred and the call drops. Newark New Jersey, for lack of better more politically correct verbiage, is a hellhole. Thank you dear.

Oh, our congressmen and Senators are less than useless. I get more accurate and up to date information by myself than they've given me. It seems like some from other states will really go to bat for their constituents. We are not among those lucky people.

[Cathi 5,771]

Writ of Mandamus. Look it up. I've actually read on a particular lawyer's blog that this may be an option (allbeit an expensive and long one, but whatever, it's not like we're getting our petitions processed quickly anyway.) especially in light of how the USCIS has been treating the K3 visa.

Far too early for a writ of mandamus.

Are there any other January filers out there who have not been approved? Did you make an info pass appointment yet?

[Ketsuban 1,034]

As far as I understand, a Writ of Mandamus forces them to make a decision within a certain timeframe

If they're not able to complete the background checks on the petitioner and whatnot in that timeframe (this is assuming they have not touched your file at all), they obviously have no choice but to deny the petition.

This is sometimes what happens with people stuck in AP who manage to force such a writ. The consulate is not able to complete the AP due the absurd amount of time they need on it and thus denies the visa. I can see it happening with an I-130 too.

I'm really sorry they've kept you waiting so long. It seems like there is literally nothing you can do. I hope audits are carried out on them that highlight cases like yours who end up forgotten. We have audits at my workplace and they scare us into doing things properly!

[jkedhd 5]

As far as I understand, a Writ of Mandamus forces them to make a decision within a certain timeframe

If they're not able to complete the background checks on the petitioner and whatnot in that timeframe (this is assuming they have not touched your file at all), they obviously have no choice but to deny the petition.

This is sometimes what happens with people stuck in AP who manage to force such a writ. The consulate is not able to complete the AP due the absurd amount of time they need on it and thus denies the visa. I can see it happening with an I-130 too.

I'm really sorry they've kept you waiting so long. It seems like there is literally nothing you can do. I hope audits are carried out on them that highlight cases like yours who end up forgotten. We have audits at my workplace and they scare us into doing things properly!

Ah I see. So it seems that consulting a legal professional might not be such a bad idea. Maybe they can advise on something I do not know and perhaps attend an infopass on my behalf and obtain better information because they know all the right things to say and do. To find that I have waited almost a year now on a "forgotten" petition will throw me over the edge. Thank you!