Erminio
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Posts posted by Erminio
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1 year? how will you know if ur case is in Tsc or Csc?
Yup - filed May 29, 2014; you can tell where your case ended up from the receipt they'll send you
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Went this morning to the local CBP office and had my situation corrected in about 5 minutes showing my passport - the officer typed something (I couldn't see the monitor so no clues) and commented that it is a very common issue with round trips; indeed the lady she spoke with before me had the same issue.
Now back to the forever wait for an answer from TSC..next week it will be one year from my AoS request, I'll buy a cake with one candle.
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Great news - thanks for sharing!
Guys,
I have sorted this today with ease.
First, I called my local CBP office - for me, that was Worcester MA. You can find yours here: http://www.cbp.gov/contact/ports
The guy I spoke to was very helpful; He says this happens a lot - especially with British Airways; He also said it probably would not affect my immigration, but he went on to say that at some point in time - maybe next month, maybe 5 years from now, it could cause big issues. His advice was to come to the office with my passport and all of my I-797 notices, and he would fix it. I asked how soon he could see me, and he said in about an hour!
I drove there, went to the office, he took my papers, asked me to sit for 20 minutes; about 25 minutes later he came back, said it was all sorted.
I just checked the I-94 website, and indeed it is all sorted; I never left the USA!!!!
So, yes, it needs sorting - the sooner the better - but chances are it wont get you an instant denial, but it could cause issues, and remember it is on YOU, the intending immigrant, to prove you didn't leave; For me this was easy because just a few hours after I supposedly left the USA, I was having my USCIS medical here in the USA.
My experience to sort this was quick and easy. I hope you all get yours sorted as easily!!!
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I am trying to stay positive here and visit CBP as soon as possible, that is this Tuesday, even without the statement from British Airways that will likely take some time to arrive.
According to the wrong fly records, I left US on Monday evening for London - I do hope the CBP officer will be reasonable enough to
- accept a written statement from my supervisor that I was actually at work in America on Tuesday morning
-- understand that it would be just foolish of me to re-enter illegally having an already approved Advance Parole
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I called British Airways and they had me fill an online form to ask for a receipt I wasn't actually on the fly back to Italy
http://www.britishairways.com/travel/webforms/public/en_gb/?eId=120001&wfpId=customer_receipt
Unfortunately the automatic reply says it can take 28 days or more to get an answer.
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Waiting to call CBP myself, will update the thread
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Erminio,
Will you let us all know what he says, please?
It seems there are a few of us in this situation!
Thank you
Sure, I'll be glad to - his answer may be specific to my situation (e.g. already under Advance Parole when "left") but I'll share it here.
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AND... I just realized... Apparently I flew back to England on Jan 8...... But on Jan 9, I had my medical in Boston.... and in Feb I had my biometrics in Boston....
urgh.....
I hope if this is a problem, the person who deals with it can see it for what it really is - a mistake!!!!
That would make sense, IMO - unfortunately I had medical and biometrics before I supposedly left the States, so I'll have to find another way.
Now it just occurred to me: I received my EAD and AP "combo" card in August 2014, so after that date I was actually free to leave the States and come back - hence where should be the problem?
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Interestingly enough, it was British Airways for me too..I guess that's what makes easy to overstay a Visa: the airline actually tells DHS that you left the States as supposed to.
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I'll see what my company immigration lawyer says, but I wonder if showing up at the local CBP office will be enough or they will think I did fly back to Italy, then took a fly back to, say, Mexico and then crossed the border during the night..I don't know how the airline could tell DHS that I didn't actually leave when the records they shared with them say I did.
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I completely agree with you Erminio!!!! How has my application progressed so much since I "apparently" left the USA.
I do not know how serious this is, but I intend to call first thing in the morning to try and get this sorted.
I just emailed my company immigration lawyer informing him and asking for advice...I hope he gets back to me by tomorrow letting me know what to do.
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Well, I'm glad I stumbled into this thread..turns out my I-94 also says I left the States because the airline didn't take me off the passenger list when I didn't show up for my flight back to Italy. OK, it will be taken care of - but I am puzzled: how one gets his EAD approved when his I-94 shows he left the States? I though EAD too implied you were in the States.
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I don't want to discourage you, just make sure you have your expectations properly set... not sure how much you can trust those dates: in my case (I-485 Employment Based) they say they are at August 2014, however I filed in May 2014 and still no news (no RFEs received nor any answer to two Service Requests).
I wonder if those dates have to be read as "the newest request we answered to was filed on" but kind of hide a backlog.
Still - of course - best wishes!
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Catherine,
if I understand it correctly the EAD + AP are still assuming I have a job with the company that sponsors my employment based AoS; it's a good and solid company but you never know these times..I lose my job, I have to go back to Italy and so long America.
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BTW, I did email the Ombudsman like two weeks ago..but they take up to 45 business day to reply. Was running out of options though since I can never find an InfoPass appointment available. And last time I called NCSC they told me they cannot do anything until 30 days went by from my last Service Request (so far unanswered to, like the previous one) ...then they can enter another Service Request. Yep.
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They made a step to balance their *future* workload but not their current workload. Starting March 27, 100% of new K-1 filers are being routed to CSC. One would guess that maybe that means from now on, the Lockbox will route petitions to whichever center has the shortest "line" as opposed to the really insanely stupid geographical distribution. So, eventually the line at CSC will be as long as at TSC, so at least it will be fair (and prevent an even LONGER line at TSC). But, because we're dealing with USCIS here, they didn't see it fit to take anyone OUT of the TSC line. Just opened up the fast lane to all newcomers.
Understood - still I expected that the new routing rule would give a chance to TSC to catch up with their backlog, but it doesn't seem like it's happening.
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TSC just updated its metrics and unless I'm having a senior moment, for I-485 EB there has been no progress since last update (mid April). I am confused - I though that USCIS started routing some requests away from TSC at like end of March, but it doesn't seem the TSC output increased...I wonder if any other request type (say, K-1) is now actually being processed faster at TSC? Thanks.
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My two cents - besides the matter if withdrawing and filing again would be considered a fraud or not, everything I tried with TSC was slow to the point not to move at all..starting with I-485 almost 1 year ago and then Service Requests, email, InfoPass...so I wonder how long it would take to TSC to just acknowledge your request of withdrawal so that you can file again and get to CSC (and in the meantime your request is certainly going nowhere).Dealing with TSC seems a case of "between a rock and a hard place", alas.
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Hey thanks for the wishes! No, no major impact..just a feeling of unfairness since the colleagues who filed with other centers already got their GC months ago.
Sadly enough, I am not sure the human factor is taken into any consideration by prioritizing K-1 vs AoS, since I see similar day counts
Good luck to you! Erminio
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Same here, just for the records - 11 months today waiting (for Adjustment of Status) and no call (to NCSC number or tier 2 transfer), no service request, no email ever brought any answer or result: everything is still pending and it will stay pending (despite the website dates progressing) until who knows when..the black hole metaphor is appropriate because your fees, paperwork and inquiries get in but nothing gets out.
Erminio
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I just tried to schedule an InfoPass for my case since the NCSC wasn't able to provide any useful info - at the end of the screens with data to fill, I receive the message
"At this time, there are no information appointments available for the office in your area. Please try back again later."
There is a link to email feedback, so I click it and explain what happened - I send the email and I receive an automatic reply:
"The INFOPASS Feedback mailbox is being discontinued on or about 4/20/2015 and will no longer provide a response to your message. Please contact the USCIS National Customer Service Center"
Do you know if it's still possible to schedule an InfoPass?
Thanks, Erminio
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I don't know about the rest of you but I'm not overly worried about AOS (not that I don't understand the frustration with the backlog and uneven processing times. it's awful too). I mostly just want to be able to stop paying for two houses in two countries and get to chance to see my partner more than once every 100 or so days (at $500 a pop). His green card, while important, is a far second to the ability to see each other and get to start our lives in the States.Mmmm
Mmm..I kind of care about my Green Card ...after all I have been legally living and working in the States for so long that it would be nice to be finally a resident...but I can definitely empathize with you and agree that K-1ers situation is worse than mine. Good luck!
Speaking of the "workload balancing" (that, I understand, translates in new requests no longer sent to TSC), does it look like it actually offloaded TSC and resulted in more requests answered?
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. And that's for what visa? Tried looking on ure time line but it's not linked. That surely doesn't sound good at all. Got a attorney to try and find out or something? Well just speaking for if its the same application as we are busy with... Fiance visa? Don't know much about the rest though.
Not assigned after a year? No there's something wrong alright.
Yup, employment based Adjustment of Status - my company does use an immigration attorney, but his educated take was that basically you can only wait. Being stubborn (and inexperienced) I called NCSC several times before and after also filing a Service Request, but I've only been told every time "the processing center is a little behind, give it a couple more weeks". Got transferred to Immigration officers the last two times - they acknowledged that my AoS request (and my Service Request) were behind expected processing times but they told me they could take no action to get either paperwork back on track.
So I think TSC is massively backlogged (compared to other Processing Centers) hence you wait much more (got plenty of colleagues who got their AoS approved in 5 to 8 months from other centers) - yes, not fair considering you paid the same fees than others ending up with less busy centers, but I've read that only recently USCIS acknowledged the need to balance the workload among the centers, so hugely different wait times are hardly a surprise..
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Hells bells day 207 or something and still no rfe nothing? Start in to wonder if "the dog" didn't eat my file! Not fair really not at all!
207 days? Amateur.. 331 days under my belt and the last Immigration officer I spoke with told me my case hasn't been assigned yet.
I-94 thinks I left the USA.....
in Adjustment of Status from Work, Student, & Tourist Visas
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I didn't - I don't think I will be called either since my Adjustment of Status is Employment based: they tell me there is usually no interview for that.