Request for filing refused

[Hugh G 5]

Hello All,

 

I am a USC resident in Ireland.  I have been made a job offer from my existing job which requires immediate relocation to Chicago.  I understood that a short job offer relocation was grounds for direct consular filing (for my infant daughter), which would need to be made via the London USCIS field office, which has jurisdiction for requests coming from Ireland.  I emailed the Dublin Embassy asking how I should go about making an application and they advised to make a written request to the same mailbox.

 

I then submitted my job offer letter which was made contingent upon me relocating to the US by December of 2019 together with a further letter of support from the US employer explaining the nature of my role and why it was required that I was physically present in the US to undertake it.  I received the following email back today:

 

"Thank you for your recent email regarding your request for direct filing.  We have reviewed your supporting documents and your request and in its entirety and after careful consideration of all supporting evidence and all other factors including our current staffing and workload, we wish to inform you that we are not in a position to accept your I-130 for direct filing.  As you are currently resident and physically present in Ireland, you should send the I-130 petition directly to the Chicago lockbox.  After the I-130 has been approved by USCIS, you may then wish to request an expedited review of the case through the National Visa Center.  If the case qualifies for expeditious processing, we will then work with you in processing the case to conclusion as quickly as possible."

 

Does anyone know where I can go from here in terms of DCF? I find the reasoning of the Dublin unit very frustrating - I appear to meet requirements for DCF set out by USCIS to review my accept my application in London, but I cannot get past the Dublin embassy.

 

Any advice greatly appreciated.

 

HG

[payxibka 10,044]

36 minutes ago, Hugh G said:

Hello All,

 

I am a USC resident in Ireland.  I have been made a job offer from my existing job which requires immediate relocation to Chicago.  I understood that a short job offer relocation was grounds for direct consular filing (for my infant daughter), which would need to be made via the London USCIS field office, which has jurisdiction for requests coming from Ireland.  I emailed the Dublin Embassy asking how I should go about making an application and they advised to make a written request to the same mailbox.

 

I then submitted my job offer letter which was made contingent upon me relocating to the US by December of 2019 together with a further letter of support from the US employer explaining the nature of my role and why it was required that I was physically present in the US to undertake it.  I received the following email back today:

 

"Thank you for your recent email regarding your request for direct filing.  We have reviewed your supporting documents and your request and in its entirety and after careful consideration of all supporting evidence and all other factors including our current staffing and workload, we wish to inform you that we are not in a position to accept your I-130 for direct filing.  As you are currently resident and physically present in Ireland, you should send the I-130 petition directly to the Chicago lockbox.  After the I-130 has been approved by USCIS, you may then wish to request an expedited review of the case through the National Visa Center.  If the case qualifies for expeditious processing, we will then work with you in processing the case to conclusion as quickly as possible."

 

Does anyone know where I can go from here in terms of DCF? I find the reasoning of the Dublin unit very frustrating - I appear to meet requirements for DCF set out by USCIS to review my accept my application in London, but I cannot get past the Dublin embassy.

 

Any advice greatly appreciated.

 

HG

Theoretically,  Dublin submitted your request to the London field office and the response must have been negative.   

 

Unfortunately,  the decision is not subject to appeal 

 

If it were me,  I would go directly to uscis London.  What have you got to lose 

 

uscis.london@uscis.dhs.gov

Edited October 15, 2019 by payxibka

[Hugh G 5]

25 minutes ago, payxibka said:

Theoretically,  Dublin submitted your request to the London field office and the response must have been negative.   

 

Unfortunately,  the decision is not subject to appeal 

 

If it were me,  I would go directly to uscis London.  What have you got to lose 

 

uscis.london@uscis.dhs.gov

Yes, I went directly to London just now and they replied immediately with the following

"Although the USCIS London Field Office has USCIS jurisdiction for Denmark, Finland, Iceland, Ireland, Norway, Sweden and the United Kingdom, this office can only accept I-130 petitions from certain U.S. citizens who are residing in the United Kingdom.
Therefore, you will have to file your I-130 petition with the USCIS Chicago Lockbox using the instructions and forms at https://www.uscis.gov/i-130.
U.S. citizens residing in USCIS London’s jurisdiction but outside of the UK may, however, file the I-130 with the U.S. Embassy or Consulate having jurisdiction over the U.S. citizen’s place of residence if the USCIS London field Office Director determines that there are exceptional circumstances. More information on direct filing with Department of State based on exceptional circumstances can be found at https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office, under Form I-130, Petition for an Alien Relative. If seeking to file directly with the U.S. Embassy in Dublin you will need to contact them and provide the following documentation:
Signed/dated letter from the U.S. citizen petitioner outlining the reasons for exceptional circumstances; and
Documentary evidence to support your claims for exceptional circumstances."

 

My major frustration is that Dublin responded to me within a matter of hours which suggests that they did not send it to London for the review of the London Field Office Director but made the decision themselves.

[payxibka 10,044]

Just now, Hugh G said:

Yes, I went directly to London just now and they replied immediately with the following

"Although the USCIS London Field Office has USCIS jurisdiction for Denmark, Finland, Iceland, Ireland, Norway, Sweden and the United Kingdom, this office can only accept I-130 petitions from certain U.S. citizens who are residing in the United Kingdom.
Therefore, you will have to file your I-130 petition with the USCIS Chicago Lockbox using the instructions and forms at https://www.uscis.gov/i-130.
U.S. citizens residing in USCIS London’s jurisdiction but outside of the UK may, however, file the I-130 with the U.S. Embassy or Consulate having jurisdiction over the U.S. citizen’s place of residence if the USCIS London field Office Director determines that there are exceptional circumstances. More information on direct filing with Department of State based on exceptional circumstances can be found at https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office, under Form I-130, Petition for an Alien Relative. If seeking to file directly with the U.S. Embassy in Dublin you will need to contact them and provide the following documentation:
Signed/dated letter from the U.S. citizen petitioner outlining the reasons for exceptional circumstances; and
Documentary evidence to support your claims for exceptional circumstances."

 

My major frustration is that Dublin responded to me within a matter of hours which suggests that they did not send it to London for the review of the London Field Office Director but made the decision themselves.

•  

If you read the process,  the consulate calls the uscis for approval and the approval or denial is quick.  Website says within 1 to 3 days 

[Hugh G 5]

1 minute ago, payxibka said:

If you read the process,  the consulate calls the uscis for approval and the approval or denial is quick.  Website says within 1 to 3 days 

Yes that is certainly how it is supposed to happen.  Even assuming that Dublin did call the USCIS in London, why are they refusing? I clearly fall within one of the exceptional circumstances and have submitted substantial evidence to prove it.  Dublin's only reasoning appears to be that they are too busy.  Sorry that I am just venting now but these processes are clearly broken.  The net result for me is that I will have to quit the job I have been working in for four years as I will not move to the US without my daughter and while my wife is pregnant with our second child while we wait for another I130 application to get through Nebraska. 

[payxibka 10,044]

17 minutes ago, Hugh G said:

Yes that is certainly how it is supposed to happen.  Even assuming that Dublin did call the USCIS in London, why are they refusing? I clearly fall within one of the exceptional circumstances and have submitted substantial evidence to prove it.  Dublin's only reasoning appears to be that they are too busy.  Sorry that I am just venting now but these processes are clearly broken.  The net result for me is that I will have to quit the job I have been working in for four years as I will not move to the US without my daughter and while my wife is pregnant with our second child while we wait for another I130 application to get through Nebraska. 

It may be a long shot and its never worked for me but congressional inquiry from your "home" state of your permanent US address?

[Pinkrlion 2,607]

3 hours ago, Hugh G said:

Hello All,

 

I am a USC resident in Ireland.  I have been made a job offer from my existing job which requires immediate relocation to Chicago.  I understood that a short job offer relocation was grounds for direct consular filing (for my infant daughter), which would need to be made via the London USCIS field office, which has jurisdiction for requests coming from Ireland.  I emailed the Dublin Embassy asking how I should go about making an application and they advised to make a written request to the same mailbox.

 

I then submitted my job offer letter which was made contingent upon me relocating to the US by December of 2019 together with a further letter of support from the US employer explaining the nature of my role and why it was required that I was physically present in the US to undertake it.  I received the following email back today:

 

"Thank you for your recent email regarding your request for direct filing.  We have reviewed your supporting documents and your request and in its entirety and after careful consideration of all supporting evidence and all other factors including our current staffing and workload, we wish to inform you that we are not in a position to accept your I-130 for direct filing.  As you are currently resident and physically present in Ireland, you should send the I-130 petition directly to the Chicago lockbox.  After the I-130 has been approved by USCIS, you may then wish to request an expedited review of the case through the National Visa Center.  If the case qualifies for expeditious processing, we will then work with you in processing the case to conclusion as quickly as possible."

 

Does anyone know where I can go from here in terms of DCF? I find the reasoning of the Dublin unit very frustrating - I appear to meet requirements for DCF set out by USCIS to review my accept my application in London, but I cannot get past the Dublin embassy.

 

Any advice greatly appreciated.

 

HG

Why isn't your infant daughter CRBA?

[Hugh G 5]

4 hours ago, Pinkrlion said:

Why isn't your infant daughter CRBA?

I unfortunately dont meet the residency requirements and my wife is not a USC. 

[millefleur 5,035]

I think you are out of luck:

 

"The petitioner does not have the right to appeal or request reconsideration of a USCIS decision to deny a DOS request to process Form I-130 on an exceptional basis."

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

[EWatson 0]

I tried the same tactic with my husband and the job offer in Dec 2019 for expedite at NVC stage. It was denied, saying they couldn't handle the case work load at this time. 

[Nitas_man 3,100]

On 10/15/2019 at 10:42 AM, Hugh G said:

Yes that is certainly how it is supposed to happen.  Even assuming that Dublin did call the USCIS in London, why are they refusing? I clearly fall within one of the exceptional circumstances and have submitted substantial evidence to prove it.  Dublin's only reasoning appears to be that they are too busy.  Sorry that I am just venting now but these processes are clearly broken.  The net result for me is that I will have to quit the job I have been working in for four years as I will not move to the US without my daughter and while my wife is pregnant with our second child while we wait for another I130 application to get through Nebraska. 

Your case is not exceptional.  At one time all embassies and consulates accepted I-130 petitions, now they don’t.  Almost all families overseas have to lockbox file.

Getting back to the US now requires filing/waiting (with about $100k in the bank to sponsor the family) OR the USC preceding the immigrant, establishing employment/residency, and waiting for family approval.  Just how it is.