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naam_2013

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    Letter to House Judiciary Committee on delays of I-130

    in General Immigration-Related Discussion

    Posted

    Hi Fellow VJers,

    I want to send the following letter to the the chairman house judiciary committee and others (see below). One of the responsibilities of this committee is the oversight of the U.S. Departments of Justice and Homeland Security "http://judiciary.house.gov/about/welcome.html".

    I want to send (email, fax, snail mail) this letter on Tuesday 11/12/2013. I want as many of you to join me in this effort - this is like the pulling of rope in "tug of war", 100 letters within 2 days will have more effect than 100 letters in 10 days.

    This letter is not my original work, I took most of the verbiage from the petition "http://uscgreencardpetitionerscommittee.blogspot.com/"; so I want to give the credit to those who wrote the original petition.

    {

    To: Mr. Bob Goodlatte – Chairman House Judiciary Committee

    From: US Citizens unfairly treated by the U.S. Citizenship and Immigration Services (USCIS)

    Subject: Failure of the USCIS Executive Leadership - Separation of US citizens from their foreign spouses for almost 2 years

    Date: November 12, 2013

    Mr. Chairman:

    Due to the failure of executive leadership at the USCIS, I and several thousands of US Citizens have been separated from our spouses for many months, and unless House Judiciary Committee takes swift action now, we will remain apart for an unbearable length of time.

    The USCIS is now reporting that the average national processing time for petitions for spouses of US Citizens’ green cards, the I-130s, is 11+ months. Please note that this length of time does not include the US Department of State’s processing time for a visa. Adding that time, we are now facing separation from our spouses, for almost two years.

    Misleading statements like the following, from USCIS, falsely led us to believe that applying for the K-3 would not be necessary:

    The K-3 visa was intended to reunite families separated due to a backlog in I-130 adjudications. However, I-130s are no

    longer backlogged and are currently being processed in under 6 months. Therefore, USCIS does not, at this time plan to

    implement a new policy on the K-3 visa petition process. (pp. 8-9, “USCIS-AILA Meeting”)

    This statement was made on April 11, 2013 when USCIS had already drastically slowed I-130 adjudications.

    On the surface, our government appears to support family unification. We note, that upon announcing the “Provisional Waiver” program, then-Secretary of Homeland Security Napolitano said:

    This final rule facilitates the legal immigration process and reduces the amount of time that US citizens

    Are separated from their immediate relatives who are in the process of obtaining an immigrant

    visa. (January 2, 2013).

    But in fact, the policy that she announced has produced an effect opposite to the goal that Secretary Napolitano proudly cites.

    We maintain that our government is maltreating our spouses and us, and is probably not meeting its legal obligations. According to federal law, adjudicating residency petitions of US citizens, for their foreign spouses who are living abroad, must be a top priority of USCIS, in the interest of unifying our families. Our government's recent actions do not accord with this requirement.

    We have suspected that I-130 petitions routed to the new NBC Division 8 facility, in Overland Park, Kansas, have been stockpiling, with few exceptions. We knew that adjudications of our petitions slowed considerably since the beginning of this year.

    We knew this because many hundreds of us have reported our petitions' filing and adjudication dates (NOA1s and NOA2s) to each other.

    At least until our cohort of January 2013 filers, the median number of days between an NOA1 and NOA2 for adjudicated I-130s, had consistently been 90 days. Our data showed that something significant had changed after January. By June we saw that fewer and fewer of our petitions were being adjudicated within those 90 days. As of today – nine months since March – a vast majority (around 88%) of our I-130 petitions filed in March remain un-adjudicated.

    We humbly request that the House Judiciary Committee looks into this matter and take swift action against those in the management of USCIS who allow these petitions to keep piling up, month after month, keeping us from our families.

    Sincerely,

    <first name last name of petitioner> (Citizen of the United States separated from his beloved spouse)

    CC:

    Director USCIS: Alejandro Mayorkas

    Deputy Director USCIS: Lori Scialabba

    Brandi Blackburn, Assistant Center Director for NBC Division 8 in Overland Park, KS

    Office of Administration-USCIS; Director: Nancy W. Guilliams

    Secretary DHS: Randy Beers

    Washington Post

    AILA

    Fox News (Sean Hannity)

    }

    The VJ system did not allow me to upload the file in docx format, it has the right text format.

    I request my fellow VJers to join me in sending this letter on 11/12 to all the above listed.

    I already have the contact information of some of those, and will post it later in this thread.

    Please provide feedback ASAP so any changes necessary will take place by noon (CT) on 11/11.

    Thank you.

    May 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    What difference does it make if the application is at Lee Summit-MO or Overland Park-KS ? These facilities are 30 minutes drive from each other. I am sure you can figure out how I know this idea9dv.gif.

    The important thing is that the application is at NBC.

    I am just waiting for my 6 months, then my plan secret7vf.gifis to write letters about this messopotomia to:

    1. Director USCIS: Alejandro Mayorkas

    202-272-1000; 202-272-8118 Fax

    alejandro.mayorkas@dhs.gov and alejandro.mayorkas@hq.dhs.gov and uscisfrcomments@dhs.gov

    20 Massachusetts Ave NW

    Washington DC 20529

    2. Deputy Director (Acting): Michael Aytes

    202-272-8000; 202-272-8118 Fax

    michael.aytes@dhs.gov

    3. Office of Administration-USCIS

    Director: Nancy W. Guilliams

    202-272-1570 ; 202-272-1553 Fax

    4. Secretary DHS: Randy Beers

    rand.beers@hq.dhs.gov

    5. Washington Post - Letter to Editor

    letters@washpost.com

    6. Fox-4 or KCTV-5 news in Kansas City (I live here and since the NBC is here I should send the letter local news channel - I have seen them giving coverage to these kind of issues)

    7. AILA; executive@aila.org and newsroom@aila.org

    I cannot accept whatever USCIS tell me mad.gif ; something has to be done about this USCIS BS protest6wz.gif

    I would like all of you to do the same - there is no harm.

    Goodluck

    May 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Does anyone have any idea If changing ur last name to husband's speeds up the process or slows it down further? Logically speaking they should need less proof of the marriage being genuine since the name is changed right?

    Samreen: Changing wife's last name to husband's last name does not speed up the process; I have also heard of some cases got delayed due to ttis name change because it was not done correctly; so my humble suggestion is "do not change the last name ". My wife's is the beneficiary, and she is keeping her maiden last name.

    All the best.

    April 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Hi fellow VJrians,

    I am a May filer, and have been thinking about something similar.

    I I want to send (fax and email and USPS post) the complain letter to the following:

    1. Director USCIS: Alejandro Mayorkas

    202-272-1000; 202-272-8118 Fax

    alejandro.mayorkas@dhs.gov and alejandro.mayorkas@hq.dhs.gov and uscisfrcomments@dhs.gov

    20 Massachusetts Ave NW

    Washington DC 20529

    2. Deputy Director (Acting): Michael Aytes

    202-272-8000; 202-272-8118 Fax

    michael.aytes@dhs.gov

    3. Office of Administration-USCIS

    Director: Nancy W. Guilliams

    202-272-1570 ; 202-272-1553 Fax

    4. Secretary DHS: Randy Beers

    rand.beers@hq.dhs.gov

    5. Washington Post - Letter to Editor

    letters@washpost.com

    Let's flood all these doors - it is time protest6wz.gif

    May 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    well with the new center opening you will not end up waiting until 2014

    my feeling is that you all will see a FLOOD of approvals beginning the end of this month.. I believe the files are being used to train at the new center which is why everything from may to now seems dead

    uscis is in total reaction mode bcause of lovely mr president and daca..there was no preparation for the absolute avalanche of petitions that happened last year.

    the customer service directorate is there and actually does help.. I really do understand how hard this is to hear, it is just about having the right dilemma and the right knowledge and those uscis cs directorate people jump on it.

    sit tight folks your time is almost here for sure

    Thanks for the hope Stevie B.

    I called USCIS today, got hold of Tier-2 after 1.5 hour wait.

    She told me that my application is still at NBC, and the wait time for these kind of applications is 8 months; I have seen same time-frame reported by other VJrians. e.g., Serpent Dragon ZX, he is also a May-filer; so there is no need for me to keep calling USCIS till I get the same answer twice, because others have received the same answer.

    Serpent Dragon ZX is a May filer, but he put the post of his conversation with USCIS in March forum, here is it:

    {

    Just got off the phone with the nicest woman... She gave me information...

    1.) If your going to call ANY Tier 2 Immigration Officers, don't call Monday, or Tuesdays. It's very busy, and long wait times. Call around Thursday-Friday.

    2.) Processing times for I-130 (CR-1) Applications and Petitions, is 6-8 months at the NBC. But they are slowly starting to get through them quicker, and quicker.

    3.) As of now, if your wife is outside the U.S., and if you submitted sometime in March, your application should be processed in this next month or so. For me it was May, and she said since my wife is not adjusting status, or in the U.S., it looks like around November, early December by her computer.

    4.) When questioned about getting transferred to a field office... She said that she wasn't sure who relayed the information, it's not correct, but if your wife/husband is outside the U.S., it's staying right at the NBC, and getting processed there, but should go quicker once it's at that point. If your spouse is here, it could possibly be transferred to a field office, but it's at their decision. Shouldn't delay it too much, since they would try to keep it within processing times. She was mainly referring to my case, and said she couldn't directly speak for other's applications and petitions.

    My wife and I applied in May, and she is currently outside the U.S.

    Was given a processing time of around November - December... Then, it's off to the NVC stage if accepted, which seems like everything is in order anyways.

    }

    May 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted · Edited by naam_2013

    I just read the "January I-130 filers" and even they are waiting for NOA-2, this means that May-2013 filers will have to wait till Jan-2014 + ? months for approval - IMHO, USCIS is the biggest BS govt department, and the responsibility is not on adjudicators or the person handling our case - the buck stops at the director of USCIS - Alejandro Mayorkas - he should be the one making sure that this system is working - there should be monthly operational metrics - but he does not care - mad.gif.

    By the way there is a "Customer Service Directorate" in USCIS; but they are just earning salary - mad.gif.

    February 2013 I-130 Filers

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    After getting congressman involved everything started moving super fast. File was sent to NVC they assigned case the following day. 3 days after I got the AOS Bill and the email asking me to send the Choose of Agent Form.

    The guy at the congressman office sent me an email he got from the person at the NVC that was doing follow up to my case, they were all over it. I'm glad i reached Congressman

    RogerL: What do we write to the congressman? I mean is there a specific template that one needs to follow. I am a May (I-130) filer, just being pro-active in case I need to engage my congressman.

    Also, how long one should wait before we reach out to the congressman?

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