Greetings everyone!
I'm completely puzzled by the USCIS response to my I-130 case for my wife (of 10 years) and my adopted daughter (over 7 years) and our common son of 8 (US citizen through CRBA).
I applied for an I-130 on June 20th, 2021 for my wife & daughter. I applied for an expedite request on January 16th, 2022, because of humanitarian reasons as we were located in Belarus and I had issues with the local government because of the war in Ukraine and them harassing US citizens.
The expedite request was accepted and we received an official letter from DHS on March 13, 2022 stating that the expedite request cannot be reviewed because my wife's case has been recently approved and to await a confirmation on my online USCIS account and a confirmation letter through the mail.
I've waited for over 3 months, I kept calling USCIS and they said that they saw this letter in their system but it doesn't look like the case has been approved.
I finally called USCIS again about a month ago and requested to speak to a Tier 2 agent, I was scheduled a call which took 30 days to receive. The agent was courteous and after explaining my situation to him he genuinely seemed concerned for our wellbeing. He reviewed the DHS letter and said that this is a certain mistake on the part of USCIS as my case has not been approved and they didn't review my expedite request. Here's what boggles my mind, he said that if I was in the US, he would be able to schedule an appointment for me at the local office in Philadelphia and they would then approve my expedite solely based on the fact that USCIS has made an error during processing of my original request. However, because I'm not in the US at this time, they can't do anything and he said he can only send my case for a follow-up back to the Potomac office. He asked me to attach any proof for my expedite request to my online account, which I did. Two weeks later I received a response saying the expedite request has been denied because the Potomac director decided so.
What I would like to know is: Where's the law or document or court order stating that the USCIS can approve expedite requests based on their error ONLY if the applicant is located in the USA? Why is this not explained anywhere? Why do I have to travel to the US to have USCIS fix their error?
I will definitely be calling my congressman about this one as it's a clear error on USCIS's part for which I have paid with having to wait for over 6 months and having to move my entire family temporarily to Poland because of safety concerns for my life and my wife's life.
Does anyone have any experience with something like this? Any help would be greatly appreciated.