Request for Expedited I-130 Filing - 'USCIS Error'

[patienceiskey 15]

I am currently in the process of filing an I-130 for my spouse with a PD of Nov 29, 2017 at TSC.  I originally met and was married to my wife overseas, and we lived together for 1 yr.  I never began her immigration paperwork while I was overseas because of an official USCIS memorandum, PM-602-0043.1, which states a few exceptional circumstances where DCF (Direct Consular Filing) may be available.  For my circumstance, I received a job offer from a company back in the US, and my start date was only 30 days out.  I filed all the necessary documents through my consular, but in the end they told me my request was denied by the USCIS Field Office in Athens.

 

Fast forward to today, I am thinking about filing for an expedited filing request to TSC, as I believe my case was handled improperly and I clearly fall under the circumstance of 'Short notice of position relocation'.  Does anyone have any experience with this?  I know the chances are extremely fragile to have something like this approved, but any opinions on if I even have a chance?

[Boiler 43,636]

Seems a long shot,  in those circumstance is discretionary and in any event would take more than 30 days.

[Khallaf 649]

6 minutes ago, patienceiskey said:

I am currently in the process of filing an I-130 for my spouse with a PD of Nov 29, 2017 at TSC.  I originally met and was married to my wife overseas, and we lived together for 1 yr.  I never began her immigration paperwork while I was overseas because of an official USCIS memorandum, PM-602-0043.1, which states a few exceptional circumstances where DCF (Direct Consular Filing) may be available.  For my circumstance, I received a job offer from a company back in the US, and my start date was only 30 days out.  I filed all the necessary documents through my consular, but in the end they told me my request was denied by the USCIS Field Office in Athens.

 

Fast forward to today, I am thinking about filing for an expedited filing request to TSC, as I believe my case was handled improperly and I clearly fall under the circumstance of 'Short notice of position relocation'.  Does anyone have any experience with this?  I know the chances are extremely fragile to have something like this approved, but any opinions on if I even have a chance?

because the options to expedite are here are the guidelines.

 

• 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.

you can try to do it as emergency situation, now with that being said my husband lives in Egypt, with the constant ISIS attacks getting stronger and more aggressive, I submitted news articles as well as the travel warning for USC traveling to EGYPT, I filed for his expedite on bother emergency situation and humanitarian reasons, all 3 requests for expedite were denied. 

 

when you call into customer service, you can tell them you want an expedite request done, they will ask you what if any your category falls under, they will not guide you, they will not assist you in making a decision, you can chose more than 1.

[patienceiskey 15]

10 minutes ago, Khallaf said:

because the options to expedite are here are the guidelines.

 

• 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.

you can try to do it as emergency situation, now with that being said my husband lives in Egypt, with the constant ISIS attacks getting stronger and more aggressive, I submitted news articles as well as the travel warning for USC traveling to EGYPT, I filed for his expedite on bother emergency situation and humanitarian reasons, all 3 requests for expedite were denied. 

 

when you call into customer service, you can tell them you want an expedite request done, they will ask you what if any your category falls under, they will not guide you, they will not assist you in making a decision, you can chose more than 1.

Thanks for the response.  I do feel that the only category my request may fall under is USCIS error, as the USCIS official memorandum states an approved circumstance for DCF would be short notice of job location.  My job offer letter and start date was provided to the consular abroad and denied.  That's why I think it was an error on their part. 

[Khallaf 649]

1 minute ago, patienceiskey said:

Thanks for the response.  I do feel that the only category my request may fall under is USCIS error, as the USCIS official memorandum states an approved circumstance for DCF would be short notice of job location.  My job offer letter and start date was provided to the consular abroad and denied.  That's why I think it was an error on their part. 

did they give you a reason why they denied it?

[patienceiskey 15]

3 minutes ago, Khallaf said:

did they give you a reason why they denied it?

Absolutely zero reason.  Just that it was denied.

[Khallaf 649]

3 minutes ago, patienceiskey said:

Absolutely zero reason.  Just that it was denied.

because they didn't give you an exact reason for denial, you may not be able to claim uscis error, they could have said it was denied for any other reason other then the job situation.

 

Anything it worth a try it doesn't hurt at all, bust make sure you have your supporting documentation, when you call in so you know how to get it to them.

 

I wish you all the luck on your journey.

 

don't forget to create a timeline, it helps give others an idea on when they might get approved and make review times more accurate.