TOTALLY HAVE NO FAITH IN USCIS ANYMORE

[JohnandMhelle 2]

Backstory, short as I can make it:

 

1. Married in 7/2016 on K-1.  Filed for Adjustment of Status.  Got that.

2.  After about 2 years, filed for her conditional LPR to become permanent.

3. Got request for more documentation and submitted that in 2019.

4. Never heard anything after that except that it was received.

5. Covid Hit and we thought, okay, it's delayed more, so we wait and you can't contact anyone or go to an office.

6. File for her citizenship in September 2020 as we were hearing nothing about the Permanent LPR and Trump threatening to nearly double the N-400 fee.

7. Get NOA that it was received several months later.

8.  Wife keeps checking status online but no change -- just still in process. Okay, blame COVID again.

9. March 2020 - checks status online and says something should happen by summer 2021.

10. Today 4/21/2021 get NOA saying case in process and that hey, guess what, the money you sent in for biometrics?  She doesn't need to take them as they've decided to use her previous submissions. But no, you don't get your money back.

11.  No news EVER on the Permanent LPR (and of course no refund) even though at this point we don't need it but hell all she has to say she's legal in the U.S is her foreign passport and NOA saying it's in process but that ain't going to get her going back home if there is a death in her family, for example. Immigration will just deny her reentry as I don't think getting Advanced Parole is even possible if you can't reach anyone by phone or go to an office due to COVID.  The Permanent LPR has the issue that it was filed with her maiden name as, at that time, she hadn't gotten a driver's license here so she had nothing with her married name -- yes dumb on our part but we kept thinking she was going to get and pass her driver's license but it ended up taking a very long time.  And we filed it with her maiden name but when she was called for biometrics, she tried explaining to the person there who said yeah, yeah, yeah, okay, okay, okay. But probably just wanted to get rid of her and get on to the next applicant to be done for the day.

12. So now nothing again, just wait  and no way to contact anyone. Yet one of her friends who lives in our area filed for her N-400 back a month or so earlier than her and she was done by late Fall last year.  

 

I understand COVID has delayed everything  -- but this is asinine that one application goes lost (LPR) and the money spent on that ("We lost your application?  So sorry but no refunds!") and the other (N400) is in a loop and no one can be contacted or seen.

 

Rant over.  Short as I could make it.

[yuna628 9,680]

Did you at any time actually contact someone from the USCIS? Tier 2 official? Field office appointment? Ombudsman? Senator or Representative?

[JohnandMhelle 2]

Hmm, maybe that might be something to try -- contact a senator or representative (which I don't really trust to do anything as it doesn't get them A) any significant number of votes or B) any money).  But at least they have an email address/phone number that works and makes you feel like you DID something.  But then the problem is we'll be falsely waiting on that Senator's or Congressmen's office and no response will ever come.  It's like buying a lottery ticket when you send in an email requesting help on a personal matter, in my opinion.  Government is there  for the Political Action Committees and deep-pocketed lobbyists and a mere citizen about a mundane immigration case is of no interest to them at all but to delay and save for the next guy if they don't win re-election.  But I will try it as I do buy lottery tickets (which hasn't come through yet either). 

[igoyougoduke 1,662]

go to court and file a Writ of Mandamus. You will get a decision. USCIS is the government. So yeah they can be pretty irresponsible. 

[JohnandMhelle 2]

That Writ of Mandamus was something I didn't know about before -- just googled and found this page (https://www.yeklaw.com/blog/2020/march/is-your-immigration-case-stuck-a-writ-of-mandamu/) but may try to file the writ with local court on my own as getting a lawyer is a bit costly ("You want me to do all the laborious work of a Writ of Mandamus? That'll be a $1000 at the least and that only covers just one month of my daughter's Tesla Model Y subscription, you know").  But even then, what's to stop the USCIS from telling the local court that they never received said writ if and when local court asks after several months.  But I will try this too.  But at this point, I've just lost faith in USCIS to do their jobs and we'll just have to wait for the day, if ever, that COVID restrictions are relaxed and you can schedule appointments to see someone the year after next and then finally explain to a live person where we are and get a live person's response of "I have no idea of what to do." 

[aaron2020 11,651]

You've gotten a few things wrong.  

Since your wife has file an N-400, naturalization and the ROC will be adjudicated together.

 

Your wife still needs the ROC.  No refund because she still needs to do it. 

 

If she needs to leave the US, her conditional green card and valid extension letter would be enough to get her back into the US.  CBP would not deny her entry.  If her extension letter is expired, then she needs to make an Infopass appointment.  

AP does not apply to a green card holder.

You don't need a Writ of Mandamus.  That's going overboard.  

The process is imperfect and it is taking too long to adjudicate your wife's ROC.  You should reach out to your Congressman.

Edited April 23, 2021 by aaron2020

[JohnandMhelle 2]

Yes, her Extension Letter is expired. Yes, I'll have to check on this Infopass Appointment thing so I know what it's about if she needs it to ever go home and come back.

 

OK, didn't know Advanced Parole (AP) didn't apply to a green card holder.  

 

Didn't know that the N-400 and ROC (Removal of Conditions) would be adjudicated together but that is assuming they're smart enough to see that the I-751 for ROC was filed under maiden name and not  her married name (as we did our best in the N-400 to explain the mistake).  

 

Why is the Writ of Mandamus going overboard when nothing has been done on it since we last received a NOA back in January 2019 -- now over two years and three months ago? At what point does a Writ of Mandamus become justified?  I don't want to screw things up anymore either but it seems like USCIS is just going to let us sit with no power to do anything whatsoever.  So when my wife drives somewhere and gets pulled over and the officer thinks, "My lucky day, she's probably illegal as her green card is expired and so is that Extension letter she has a copy of", she'll be booked by Dano until someone (who has a magic-get-thru-to-someone-at-USCIS phone number the next morning to clear things up and explain that "No, she's not illegal but we have no idea when we'll make a decision so let her go for now." 

 

I know our democracy is about the best we've got as a species (of those out there) but it's pretty sad nonetheless and I'm glad I'm about halfway of living through this nonsense.

 

[.yana 597]

56 minutes ago, JohnandMhelle said:

Hmm, maybe that might be something to try -- contact a senator or representative (which I don't really trust to do anything as it doesn't get them A) any significant number of votes or B) any money).  But at least they have an email address/phone number that works and makes you feel like you DID something.  But then the problem is we'll be falsely waiting on that Senator's or Congressmen's office and no response will ever come.  It's like buying a lottery ticket when you send in an email requesting help on a personal matter, in my opinion.  Government is there  for the Political Action Committees and deep-pocketed lobbyists and a mere citizen about a mundane immigration case is of no interest to them at all but to delay and save for the next guy if they don't win re-election.  But I will try it as I do buy lottery tickets (which hasn't come through yet either). 

Weird that you assume that going the Senator / Congressman route will fail without even trying it. Unless the whole point of this post is only to rant, not receive any advice from people who were or are in the same boat as you are.

I reached out to my Congressman when my original green card was taking too long and received an interview notice within a month (my case was outside of normal processing times at that point). 

[aaron2020 11,651]

The Writ of Mandamus is going overboard because you haven't even tried to reach out to your Congressman or an ombudsman.  You presume asking for help would be useless.  

I get why you're mad, but you are working under a lot of misconceptions.  You didn't know AP does does apply to a green card holder.  You didn't know that the N-400 and ROC would be adjudicated together.  You assume that reaching out to a Senator, Representative, or the USCIS ombudsman would be useless.  There are lots of gaps in your knowledge about the immigration process.  This is why you need to reach out for help rather than just sit and stew.

Edited April 23, 2021 by aaron2020

[JohnandMhelle 2]

Yana, I'll try but I guess I'm cynical when it comes to those who serve in office as it seems power corrupts eventually for many of them.  Good to hear it worked in your case. Perhaps I'm overly cynical and something will happen.  But at what point am I justified in being upset and angry over how this has gone? And I know it's thousands of others too.  I'm just, yes, ranting over ours.  

[yuna628 9,680]

Unless you follow up with someone about what's going on, you cannot sit back and expect something to happen, when many things could have happened, and you can't assume what that might be without answers. Never expect something to just work properly and waiting this long without putting in effort to track it down. You've got to be proactive. There are many options available. Your best bets would be the ombudsman and a congressperson. They are there to help in these matters and usually do provide assistance.

[aaron2020 11,651]

5 minutes ago, JohnandMhelle said:

Yana, I'll try but I guess I'm cynical when it comes to those who serve in office as it seems power corrupts eventually for many of them.  Good to hear it worked in your case. Perhaps I'm overly cynical and something will happen.  But at what point am I justified in being upset and angry over how this has gone? And I know it's thousands of others too.  I'm just, yes, ranting over ours.  

You haven't even reach out for help.  

You can be angry that the system isn't efficient.  Nothing ever is efficient for everybody.  Things happens.  Things are missed.  That's life.

 

How does getting upset and angry going to solve your problem?

Edited April 23, 2021 by aaron2020

[JohnandMhelle 2]

4 minutes ago, yuna628 said:

e many options available. Your best bets would be the ombudsman and a congressperson. They are there to help in these matters and usually do provide assistance.

Aaron - True, being angry and upset is not going to solve the problem and those of you that have taken the time to respond -- THANK YOU - and you for your good ideas even the cynical side of me is at first not believing it help but just make it more frustrating.

 

I will try contacting the our local Congress person and Senator's office and see what comes of that.  Perhaps another NOA from USCIS will come in the interim anyway.

 

But I can't respond to this like Data or Spock and not get frustrated at how this has gone on.  This has been a frustration since 2019 and its now over two years later and could go on for who knows how long.  

 

Thanks everyone.

[.yana 597]

51 minutes ago, JohnandMhelle said:

Yana, I'll try but I guess I'm cynical when it comes to those who serve in office as it seems power corrupts eventually for many of them.  Good to hear it worked in your case. Perhaps I'm overly cynical and something will happen.  But at what point am I justified in being upset and angry over how this has gone? And I know it's thousands of others too.  I'm just, yes, ranting over ours.  

You can be upset and angry but at the very least you should make an effort to help your own situation in the meantime.

[Ontarkie 14,280]

I'm glad you got angry and needed to vent, because you posted. Now you got some help and know what to do.  

 

Good luck.