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Posts posted by Lovelynyc
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You could try to contact USCIS immediately and resubmit the application filled correctly (without the fee) and explain with a cover letter attached why you are submitting and the mistake you made.
Or you could wait for your interview and explain it then and give your corrected application. But they may question why you didn't contact them immediately and why wait until the interview
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Thanks for the sympathy
Senator's office misspelled the last name, and USCIS used the misspelled last name in the body of their response letter. I think it's weird. I mean, they should get confused and see that something doesn't match, right? But they didn't. I have a speech for info pass prepared, and i think we will file ombudsman this weekend, just want to read about it some more before we do... i guess ombudsman is the last step before filing the lawsuit against USCIS... wow. Can't believe we are almost there.
Filing a lawsuit will be a lengthy and very expensive process. I was told by several ppl don't go that route, because "you can't threaten the USCIS it will be you against the United States you will lose".
Even my lawyer discouraged me from doing that and said just continue to wait it out. Which I refused to do. I just kept making infopass appointments until it eventually got resolved. I had to pay for a lawyer I don't know if that helped exactly, but it did help when the congresswoman asked for a letter. My lawyer didn't take enough action for me, also told me infopass appointments will never resolve an issue like mine. But I ignored the feedback and kept optimistic and I succeeded. If I listened to my lawyer I would still be waiting for my case to be reviewed.
Also I don't know any other resources you could use other than those mentioned, but friends of mine encouraged me to reach out to the consulate of my country within the US, also the mayors office
Thanks for the sympathy
Senator's office misspelled the last name, and USCIS used the misspelled last name in the body of their response letter. I think it's weird. I mean, they should get confused and see that something doesn't match, right? But they didn't. I have a speech for info pass prepared, and i think we will file ombudsman this weekend, just want to read about it some more before we do... i guess ombudsman is the last step before filing the lawsuit against USCIS... wow. Can't believe we are almost there.
Filing a lawsuit will be a lengthy and very expensive process. I was told by several ppl don't go that route, because "you can't threaten the USCIS it will be you against the United States you will lose".
Even my lawyer discouraged me from doing that and said just continue to wait it out. Which I refused to do. I just kept making infopass appointments until it eventually got resolved. I had to pay for a lawyer I don't know if that helped exactly, but it did help when the congresswoman asked for a letter. My lawyer didn't take enough action for me, also told me infopass appointments will never resolve an issue like mine. But I ignored the feedback and kept optimistic and I succeeded. If I listened to my lawyer I would still be waiting for my case to be reviewed.
Also I don't know any other resources you could use other than those mentioned, but friends of mine encouraged me to reach out to the consulate of my country within the US, also the mayors office
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I highly doubt the fee will be waived . As for the error on your EAD I received a EAD with one error but it was my country of birth it just said unknown. My ISA advised me to just keep the card as is and if my place of employment says it's a problem then get a new one which I wouldn't have to pay for because it was USCIS mistake. The main reason my ISA told me to just leave it as it is, is because at that time I was on the post completion OPT and I wouldn get the time back that I would miss waiting for a new card. It also wasn't an error in my name , or something important. I was told. But in your case I would not ignore the error, apply for a new card and pay the fee
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What happened today, or Durbin is useless.
1) In the morning, we went to Mike Quigley office, filled out privacy release form so they could work on our case.
2) Came back, found a letter from Durbin's office that pretty much said that our case it pending! Seriously?! I am shocked, i had no idea that it's pending.
3) My husband went to work, angry me went to Durbin's office. I told them that i did not ask if it's pending or not, i asked WHY is it still pending. I talked to Tran Nguyen. She said this is all the information they can get. I said that i can get this information by myself and there is no way they do not have more power than me. Oh, funny story! They misspelled my last name. I was going to call and tell them few day ago but totally forgot. So, uscis responded regarding the misspelled last name! You know what it means? They pretty much just sent the standard response without even looking at our case! Tran Nguyen or anyone else didn't seem to care about that. They said they will continue sending inquiries every 45 days, LOL! (so they don't exclude the possibility that it will be another 45 days and may be even longer). Completely useless!!!!!!
They also said they out case is not in National Benefits center, it's in the local office in Chicago, and the officer needs to review it, just what we already knew.
So instead of working today i was running around Chicago all day. I think we should sue uscis for all this wasted time and the money i could have made today but didn't, lol
Whats next? Ombudsman?
That really sucks, sorry you are going through this. I know their are ways for expedited processing but I think those are cases where you have received a decision in clear error. You could try to use the name error as an administrative error maybe that could get your file to the top of the pile.
I remember with my case they couldn't do anything about it in the beginning because firstly my file wasn't there and two the office who needed to review it was on vacation so I had to wait.
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Yeah I would definitely keep pestering them, that day when I went and my case was re opened the supervisor told me my file wasn't even there, and I said no actually it was confirmed by the Congresswomans office it was there. And then the supervisor did some more digging until he eventually saw my file was there this whole time.Sounds very similar to what happened to us, the supervisor said they need to review the file and it will take 30 days. That's crazy. We received nothing back either. Well, we will try to talk to supervisor again on July 12. Thank you!
Also by advice from visa journey forums I was told to contact Congresswomans office, Ombudsman, Senator & a lawyer.
The resources I used was Lawyer then Congresswomans Office. And for me the Congresswomans Office always had the most current and up to date information. It was them that contacted me and told me my case was approved days before I received any status updates, notice of action letters or phone calls requested from USCIS.
My advice is contact as many resources as possible, this is for your case and you should do everything you can even if it means contacting them more than once.
Good luck with your next info pass appointment. I hope it is successful for you
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Thanks! My husband talked to supervisor on May 25th and thats when he was told to wait for 30 days. Did you ever find out why it took longer that promised? I couldn't figure it out from your signature, sorry.
That's no problem. So for me basically my file was sent to the adjudication unit for review. But it was just sitting on someone's desk not being touched. The supervisor I saw at infopass said that it had been past the duration of time they said they would review my file ( 2-3 weeks) when I went for that infopass it was in the fourth week. So the supervisor went to the adjudication unit and requested to see my file and have the case reopened. ( this took an entire day of waiting at the office because he said there was up to 60 ppl in that unit and it could of been on anyone's desk. After a few hours he returned and told me my case was in the hands of a supervisor in that unit and was being reviewed and by the time I got home my case had been reopened.
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With my case I made probably about 4 service requests and out of all of them I only received one response. The stages were waiting to be assigned to an officer, has been assigned to an officer, service request completed. Some people have said they have received responses via email. Mine was a letter and it took almost 8days from completion to recieve it. And the letter basically was useless information which made no sence. ( the dates on the letter were incorrect and it was just a stem emt saying what I already know).
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With my case , the officer who interviewed me said I will recieve his decision within 90days. As for it taking so long I'm not sure if it will matter who you contact but for my case I contacted my local Congresswomans office. And I just kept being persistent at infopass appointments. When you go for your infopass appointment are you asking to speak with a supervisor? Because the first IO I saw I was just assigned to by a ticket number and that person jjust told me to fill out a service request and basically couldn't do anything to help me. But then The second time and thereafter I asked for a supervisor and that's when my case moved.
For me I needed Congreeswomas office, supervisor at infopass
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Congratulations!! It took you 7 years to adjust ?
Thank you and yes it took 7years . It took 6 years for my priority date to become current and a year once I applied for AOS
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Happy for you. Congratulations. I got approved last Thursday, he gave me the approval letter. But still didn't get anything yet.my status online still the same. I don't know why
Thank you and congratulations to you also !! :-)
My approval letter came on Monday and got my physical card in the mail on Wednesday. But my online status said my card was mailed on the Friday before. I would give it a few more days. As for my online status I had no activity until the day they re opened my case even though it had activity between then. I also noticed for the email and txt message alerts I got all the texts but not all the emails. So I feel like the online system has a lot of glitches
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very nice and happy for you! You still had to pay a fee to re-open the case? Was it hard? Did you have an attorney? What category of a green card they gave you?
Thank you so much,
No I didn't have to a fee to reopen my case. At the infopass the immigration officer made a service motion to reopen my case. It was a very lengthy process. I also hired a lawyer and contacted the Congresswomans Office and they took on my case also. I provided all the facts that were needed to prove the denial was an error. And I consistently contacted the USCIS until it was reopened. And my green card is based on AOS through family member F2B
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Hi Everyone, A few months ago I contacted this forum because I received a DENIAL letter in regards to my AOS application. The letter was in error! But I spent 2 months fighting to fix this. I want to encourage anyone who could face the same difficulties I had to be persistent! Because it can and will work out.
Below is my initial post from April explaining my situation:
Hello all,
I am new here but following for a while please i need guidence for a very unique case.
I am on a F1 visa- i saw on the new visa bulletin in october 2015 filing application date made me eligible to apply. (My priority date is aug03 2009)
I applied to adjust my status.
I have done all fingerprints, recently i was given an interview which i went and the immigration officer said my file was perfect no problems just wait for a decision letter.( i thought it was strange i would recieve an interview before my priority became current but since it will be current may 1st according to the visa bulletin i assumed it was nice). However within three days i was mailed a letter of denial! The letter had nothing but flaws and errors it was a template that read i could of been denied for any of the following reasons unlawful presence, unauthorized employment and not admissible to the US.basically the grounds for dismissal are all incorrect. The only issue i could fine is my priority date is not current. But that is not on my error i applied when i was eligible to but they gave me an appointment before my priority date.
I have contacted nvsc several occasions all of which said it sounds as if the letter has errors and the IM may have not been aware of the new filing law. They also advised i file i290b and make an infopass app.
The infopass app is in 2 weeks. We also spoke with a lawyer who stated i have no reason to worry and it is in error.
Did anyone else go through this problem or can advise me what to do incase the IO at the infopass wont reverse the denial.
My lawyer also advised against the i290b because it takes months to process and is an additional fee of $600+ , she also said i should refile i485 day after info pass worst case scenario.
I am going to be out of status soon please someone help "....
Now after I wrote this post the next step I took was to go on a infopass appointment with my lawyer at that appointment I was told my file was not there and had been sent to NRC( National Records Center) and a service request would be made to have the supervisor review my case.
A few weeks passed and I made another infopass appointment and explained I still hadn't received a response from the supervisor. The IO I spoke with said my file was in transit and I should wait for it come back and made notes in the system, I was also told a service motion would be put on my case to reopen. ( apparently these are two different things than filing an i290B)
A few weeks passed and I received one of three ( the other 2 never came) service request letters I made. This letter had even more flaws and errors then my original denial letter.
A few more weeks passed and I decided to contact the Congresswomans Office. They took on my case and said that my file was requested back and I should wait 2-3 weeks
Once again a few more weeks passed and I still hadn't heard anything so I called the Congressowmans office and they called USCIS to follow up and they said my file was there.
So again I waited another 2 weeks and made an infopass appointment , when I got there I was told my file wasn't there. I stated the Congresswomans office told me my file was here. The IO looked in the system and saw my file was in the building within the unit that would review my file however no one had taken action on it. I spent the entire day at the info pass from 9am until it closed and the IO told me my file was now being reviewed and they will send me a decision. By the time I got home my online case status had changed to we have opened your case and are reconsidering our earlier decision. A few hrs later it changed to card production ordered!
I was so excited then an he later the status changed again to we have re opened your case.
The following day the Congresswomans office contacted me and told me my case had been approved and I would recieve my card within 60days.
Another few Day passed and the IO who was working my case called me to tell me my case was approved.
Then a day later my status changed to my case approval was certified by USCIS.
Next day I recieve a letter from uscis stating my case had been reopened.
2 more days passed and I received my official Approval letter which just said welcome to the US but no card.
Then my online status changed to we have mailed your card. This status changed a day later with a tracking number added. And finally 3days after that I received my Greencard !!! :-)
I know I didn't put exact dates but I will estimate. It took 2 months of pestering USCIS with info passes, phone calls and service requests. A lawyer and the Congresswomans office. To get my case turned around. I literally called every day or every other day.
And the estimate of how long it took to recieve my card after approval was exact 8days including weekends.
My journey started Aug 2009 and it took just short of 7years exactly to get my Greencard adjusting my status from F1.
If you have any questions please feel free to ask and good luck with everyone else on their applications. I wish you all success :-)
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just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)
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HI all I just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)
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Hi all I just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)
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I dont believe ppl should be penalized for a USCIS error. We followed the rules and applied when given the opportunity to do so, we dis not get to pick and choose when to schedule our appointments . They accepted our applications went through our paperwork and knew all of our PD's. They need to overturn the denials that have been made in error.
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I am going through the same situation, as are many other ppl i also filed in october 2015 but was denied days after my interview also. Infopass didnt help because once they deny you they send your file away so they conviniently cant help you unless they have your file infront of them. They just took our money
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Any update on this post about Priority date Issue? What USCIS has to say about Oct 2015 Bulletin.
No luck for me still trying to get answers , they didn't have my file when i went to the infopass so their was nothingg they could do
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HI I suppose I will be a May filer once I see what the service request on my case says . But it's leading towards refilling ?
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I really hope that you get approved very soon. I think you should refile and I don't know if you can claim your fee back.
Thanks , I hope so too. And I also think it's going to be really hard to get a refund even though it says if it's a USCIS error you should be able to get a waiver for the fee or refund, but I can imagine it won't be easy.
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I have seen that USCIS informs people to send the documents based on the FILING dates table some month. But for this month they have declared one should send the documents based on the FINAL ACTION DATES table. Do you think there are really important?
I'll reply to both posts here.
In my opinion priory date is the big issue. Going over the appointment with my lawyer the immigration officer stated:
" it's saying that there are no visa available right now and your priorty is not current" based on that letter. As for the other page it's just blank I'm not even mentioned nor is my case or anything to do with me. It's just information that is generic which they put in every letter.
So basically I was denied because it said my priorty date is not current however, they should of held my application the date is current based on the filling application date. Which the officer knew and said the letter is an error and that's why she recommends writing an inquiry to give to her supervisor and to be on the safe side file a motion as well.
After all this I feel like I could of and should of just waited for my priorty date to be current before I started anything.
I know based on my experience and the stories I have heard from other ppl that used the filing application date, they have all encountered these problems. It's as if they put those dates to get your money and make you go through issues to make you file a motion or refine your case and spend more money.
So my honest opinion- wait for your priority date to be current and use all this time to get everything in order and support your AOS with a good clear cover letter.
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I wish your case will be finished soon and you get your green card as soon as possible. Please keep us updated. One more thing, do you mind to share all the documents that you have sent to USCIS for the AOS. Thanks a bunch.
Thank you, at this point I feel very frustrated after all these years and never had any issues withe uscis until now, but I will continue to pursue this until they correct their error .
As for the documents I sent , here as follows;
G-1145
Appropriate fee
2 passport photos
Copy of birth certificate
Copy of visa page (F1)
Copy of passport page
Copy of I-94
Copy of approved I-130
G-325A
Copy of current I-20
Copy of all EADs and Approval notices
I-864
Copy of petioners/sponsors tax return, birth certificate, passport, green card, employment letter,w2s
I-693
I-765
I-485
That's everything I sent
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Any updates on your case?
I just posted my experience above from the infopass.
To summarize. They know its an error and i shouldnt of been denied but ill have to wait until i hear from a supervisor to correct the issue but in the mean time refile and file a motion.
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I went for the infopass app and the officer said ita due to the priority date but then she checked the letter properly and saw it was incomplete and the grounds for denial were not clear, she also went to look for my case to figure out whats going on. After 20 mins she came back and said 'we dont have your file it has been sent away" so she cant tell me what notes or why i got that letter. She then told me to writr an inquiry and she will go to her supervisor and i should hear back from her supervisor by the end of the week.
So i got no answers , she clearly could see it was an error and she said to state the reasons in the paper she gave us. She also said i should file a motion and if i want to i can refile to keep me in authorized stay.
Who exactly is making decisions regarding green cards?
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
I never got in touch with the consulate , it was just suggested by friends I met who said maybe they would have a direct way of dealing with USCIS cases or could recommend someone. I did contact the mayors office and two days later they called me back and said they don't deal with immigration but they gave me the contact information for my congressowman and said that office will be able to help and if not I should contact the mayors office again . I called Congressowmans office and they told me to immediately come in person same day to the office and bring all my documents, once I was there I filled out the privacy form and within 10 mins they were on the phone with USCIS locating my file. But to go back to your question, I don't know if the consulate would of helped but it was just a suggestion from friends