Expediting Child I-130 (after approved Spouse I-130)

[dothehustle 27]

Hey everyone. Last year I, a US citizen, submitted an I-130 for my wife. Long story short, we find out we're having a baby shortly afterwards, who is not automatically a citizen because I do not fulfill the residency requirements (for more see my previous thread here). My wife's I-130 has been approved and we have a NVC case number, but are not proceeding until the baby's I-130 is approved as well (we just received its NOA1 2 weeks ago from the NE service center).

I tried calling the USCIS Contact Center today but was told after 1.5 hours that since I do not have a US address (I am calling and applying from abroad), he cannot expedite my request electronically and I must send a request letter.

 

1. Does this make sense? Frankly, the employee sounded like he was under the influence of something (confused and slurred speech, repeated 5 minutes worth of conversation, and more). Is it worth calling again?

2. If I need to mail a letter, what should the expedite request include? Based on previous posts here I assume it's a "USCIS interest" that my wife's case is not delayed which is why we're requesting the expedite.

3. Up until a few days ago, the USCIS page on expedited requests listed "Compelling interest of USCIS", but this was removed according to a policy alert from May 10, 2019. Does this mean we can no longer request an expedite?

 

TIA!

[SalishSea 16,770]

10 minutes ago, dothehustle said:

2. If I need to mail a letter, what should the expedite request include? Based on previous posts here I assume it's a "USCIS interest" that my wife's case is not delayed which is why we're requesting the expedite.

3. Up until a few days ago, the USCIS page on expedited requests listed "Compelling interest of USCIS", but this was removed according to a policy alert from May 10, 2019. Does this mean we can no longer request an expedite?

Why would it be in the interest of the USCIS?  Just curious.

[Ben&Zian 4,397]

11 minutes ago, Jorgedig said:

Why would it be in the interest of the USCIS?  Just curious.

 

While I am very intrigued to hear the OP's response... I have to wonder what would make anything of 'interest' to USCIS for an expedite? 

Edited May 13, 2019 by Ben&Zian

[dothehustle 27]

13 minutes ago, Jorgedig said:

Why would it be in the interest of the USCIS?  Just curious.

I do not know why. I do know that this reasoning has been mentioned in VJ in the past (sorry, do not have time to find the exact threads I found in the past). Probably something to do with my wife having to restart her I-130 process.

[SalishSea 16,770]

4 minutes ago, Ben&Zian said:

 

While I am very intrigued to hear the OP's response... I have to wonder what would make anything of 'interest' to USCIS for an expedite? 

Agreed.  The way I have read that criteria for expedite in the past is that it would be something of national interest.

[Ben&Zian 4,397]

Aw. Yea that would make sense. Haven't seen anyone ask about that before so that's an interesting way of specifying an expedite criteria.

[SalishSea 16,770]

OP, is this what you're thinking of:  Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests)?

[SalishSea 16,770]

From the USCIS website:  

 

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

[Ben&Zian 4,397]

OP can always try to request an expedite, doesn't hurt, worst case is they deny it.

[dothehustle 27]

14 minutes ago, Jorgedig said:

From the USCIS website:  

 

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

Item 3 in my original post:

Up until a few days ago, the USCIS page on expedited requests listed "Compelling interest of USCIS", but this was removed according to a policy alert from May 10, 2019.

Your quote is from the new site, which is why it doesn't include it. So no, that was not what I'm thinking of. Not sure if this will work but here is a cached link to the USCIS website, where "Compelling interest of USCIS" is a reason.

 

Here is one of the threads I was referring to, where 2 commenters suggest that OP request an I-130 expedite in a similar situation.

Edited May 13, 2019 by dothehustle

[SalishSea 16,770]

Well, I guess all you can do is try!  Please let us know if it gets approved.

[pushbrk 12,108]

1 hour ago, dothehustle said:

Item 3 in my original post:

Up until a few days ago, the USCIS page on expedited requests listed "Compelling interest of USCIS", but this was removed according to a policy alert from May 10, 2019.

Your quote is from the new site, which is why it doesn't include it. So no, that was not what I'm thinking of. Not sure if this will work but here is a cached link to the USCIS website, where "Compelling interest of USCIS" is a reason.

 

Here is one of the threads I was referring to, where 2 commenters suggest that OP request an I-130 expedite in a similar situation.

Your circumstances are not a Compelling interest of USCIS.  Really, they are not.  They are of interest to YOU, not USCIS.  Try an expedite.  It won't hurt to do so, but those are not the grounds.  Let them determine from the actual facts, whether they consider your reason to fall within their guidelines.  

 

Your reason IS, that your wife's petition is approved and the baby was born after the wife's petition was filed.  An expedite will lessen the delay in reuniting your family.  That's about you and your family, not any "government" interest.

[dothehustle 27]

7 hours ago, pushbrk said:

Your circumstances are not a Compelling interest of USCIS.  Really, they are not.  They are of interest to YOU, not USCIS.  Try an expedite.  It won't hurt to do so, but those are not the grounds.  Let them determine from the actual facts, whether they consider your reason to fall within their guidelines.  

 

Your reason IS, that your wife's petition is approved and the baby was born after the wife's petition was filed.  An expedite will lessen the delay in reuniting your family.  That's about you and your family, not any "government" interest.

Could you please address question 1? Does it make sense that I can only request by letter from abroad?

[pushbrk 12,108]

1 hour ago, dothehustle said:

Could you please address question 1? Does it make sense that I can only request by letter from abroad?

Yes, it's worth calling again.

[OmarStuck 24]

I am in a similar situation as you (not having lived in the US over the age of 14). Have you looked at the N-600K? This will get you child the US citizenship based on your parent's residence in the US (if any).

 

I am currently in the process and have submitted by documents. I am just waiting to hear back.

Edited June 9, 2019 by OmarStuck