ninjarocket
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Posts posted by ninjarocket
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Below are two letters I sent to which I got a response. I would only use them for inspiration as your situation is slightly different. In the response to the first one Cheney's office didn't know the difference between USCIS and the Department of State! So much for the Bush administration. In the response to the 2nd one I got some standard boiler plate letter back from USCIS via my senator [see thread http://www.visajourney.com/forums/index.php?showtopic=132761]. You may well get something similar. If you're lucky, you might get an expedite:
The While House,
Attn. Vice President Richard B. Cheney,
1600 Pennsylvania Avenue NW,
Washington DC 20500,
fax. 202-456-2461 June 1, 2008
Re. Long overdue USCIS petitions: case numbers ..... / .....
Dear Vice President Cheney.
I’m a ... at ..... where I have been for 12 years. On July 6, 2007 I filed a I-130 petition (case # .....) for my foreign wife to come to the USA, as I am legally entitled to do. On becoming Naturalized on August 31, 2007 (formerly ....), I further petitioned a I-129F spousal K3 visa (case # ....) on September 6, 2007, so that my wife can come to the USA sooner. Both of these applications are now long overdue. The published USCIS processing date is currently November 17, 2007 for both types of application, and, according to visa-tracking websites such as visajourney.com, most applications received as late as February 2008 are now already approved.
Something seems to have gone terribly wrong with my petition(s) or the adjudication process at the California Service Center where my case currently resides. I have made numerous attempts at service requests over the last 6 months with no result. I’m very much hoping for some assistance in this matter. By signing this letter I authorize release of information concerning my case to the appropriate authorities.
sincerely yours
This one was included in a privacyreleaseform which is available on line (i.e. website of senator)
I'm a ... at ... and filed petitions for Conditional Residence (CR, case # ..., July 10, 2007) and spousal (K3, case # ...., Sept 06, 2007) visas last year to be reunited with my wife by allowing her entry to the US. Unfortunately, we have been subjected to unusually long wait times compared both to other applicants (e.g. those registered at visajourney.com) and to the published USCIS processing times (i.e. on the USCIS website). My long wait is caused entirely by a recent USCIS procedural change in which the department of homeland security (i.e. USCIS) decided to nullify certain benefits of the immigration law introduced in the 2000 LIFE ACT.
To reunite families of US citizens separated by the long wait times encountered with their I-130 CR (alien spouse) visa petitions, a new visa category (K3) was introduced as part of the LIFE ACT, signed into law by the president in December 2000. The intended purpose of the K3 visa (as outlined in the LIFE ACT) is to facilitate family reunion by enabling the faster entry into the US of a spouse (and/or children) while their I-130 petition awaits adjudication. As stated in the LIFE ACT, the K3 visa is not intended to be dependent on the prior approval of a I-130 petition (which can sometimes take a year or more) as that defeats its original intended purpose. Recently, however, USCIS began circumventing the LIFE ACT by changing the processing procedure. In contradiction to the requirements of the LIFE ACT, K3 visas are now conditional upon the prior approval of an I-130 CR. While this matters little to the vast majority of I-130 petitions that are approved in just a few months, those applicants with very long I-130 wait times (such as myself) are now completely disenfranchised from their rights to the benefits introduced in the 2000 LIFE ACT.
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you can file an I-130 or an I-140.... the latter requires more documentation, but has fewer strings attached
you might be able to file a I-485 concurrently
i came here on h-1b visa n got married to US citizen.what i need to do to change my status to greencard?
va r the forms i need to file concurrently?
thank you,
anil
I believe you just have to file adjustment of status.
You may start from the "Guide" on this site, read on "adjustment of status"
http://www.visajourney.com/forums/index.ph...page=i130guide2
Leah
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Here some examples of links I found. In the current context of a pending I-130, it seems to be the prelude to a NOID, otherwise the officer would adjudicate the case without supervisory review being necessary.
ninjarocket -I'd like for you to show us your links which indicate supervisory review is only for a NOID. I read links on USCIS that indicated it is used for many things.
http://ashwinsharma.com/2006/03/30/gregory...plications.aspx
http://guiadoimigrante.com/services/AFMCha...10-Overview.pdf
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On searching the web, it seems that a Supervisory Review is the required whenever an adjudicator makes an adverse decision such as a Notice of Intended Denial, since a petition cannot be denied without such a review. So the news is bad, but at least they should soon let me know, right? I just hope that the adjudicator made a mistake that is caught during the review.
hi rebeccajoI hope you're right. At this point, any decision would be something. Even if it's an intent to deny, at least it would give me something to act on.
I'm guessing the A # is created relatively early in the review process and refers only to my spouse's biographical details being entered into a computer database somewhere.
It seems from the tone of the email that they're generally unhappy about multiple enquiries I made. Ironically, it seems that a letter to the ombudsman or a writ of mandamus is never be considered seriously unless one makes multiple attempts to enquire about ones case.
One other thing. The lady at my work forwarded my email to the person at USCIS in which I was ranting on about quitting my job and being suspected of visa fraud or terrorism etc.. Do you think it's possible that this email would end up being added to the file containing my petitions?
The term refers to a case wherein a decision has been rendered, but the adjudicator is looking for a supervisor to confirm the decision.I don't see any tone in the email which says they are unhappy with the number of inquiries. Your file apparently indicates inquiries; it's a fact in your case and they have so noted it.
A mandamus filing will be fruitless if you haven't been pro-active about your case. The purpose of a mandamus is to ask for a ruling in your favor because you've exhausted every other means available to you to. You have done the right thing in making your inquiries. I'd not idly note that all inquiries should be made in a professional manner.
You'd have to explain more to me about this apparently malicious forward of an email to USCIS. Whether or not such an occurence is impacting your case depends firstly on whether or not it has even been connected to the case. Appeals by citizens to USCIS and ICE are investigated but the government also realizes that many are either ravings or malicious. Your line of work and any government security clearances you possess can cause such a report to be taken more seriously; likewise if your beneficiary works in any sensitive areas of their country's infrastructure. Frequent travel to nations unfriendly to the US by either the petitioner or beneficiary may be investigated. So will involvement in political oranizations.
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pending cases since July '07 even!
I have tried to interject this before and received nothing but insults because of it, but CSC still has pending applicants from October as well. -
hi rebeccajo
I hope you're right. At this point, any decision would be something. Even if it's an intent to deny, at least it would give me something to act on.
I'm guessing the A # is created relatively early in the review process and refers only to my spouse's biographical details being entered into a computer database somewhere.
It seems from the tone of the email that they're generally unhappy about multiple enquiries I made. Ironically, it seems that a letter to the ombudsman or a writ of mandamus is never be considered seriously unless one makes multiple attempts to enquire about ones case.
One other thing. The lady at my work forwarded my email to the person at USCIS in which I was ranting on about quitting my job and being suspected of visa fraud or terrorism etc.. Do you think it's possible that this email would end up being added to the file containing my petitions?
The term refers to a case wherein a decision has been rendered, but the adjudicator is looking for a supervisor to confirm the decision. -
I'm hoping that somebody out there has heard of this term and could help me to find out what it might imply.
Each time I enquire with USCIS about my long delayed case I get a different answer and learn a new USCIS -related term.Yesterday a lady at the immigration office at my work got an email response from her contact at the local USCIS office (though not at CSC where my case is pending). Does anyone out there know what supervisory review is??? The letter I received from my senator (included on another post http://www.visajourney.com/forums/index.ph...owtopic=132761) seemed more sinister.
It reads "Unfortunately, I can only get limited information for these petitions since they are processed by the California Service Center. I did notice that Dr Harrison has filed multiple inquiries on both applications and I do not know the final outcome of the inquiries. However, it appears that he is filing for a K3 process, which means that he will also need consular processing.
His spouse has been assigned a file A........, both of the Petitions listed below have been merged in this file, the file is currently with Supervisory review as of 6-16-2008. This may mean that they are in the review process. Unfortunately, some Posts take longer than others…
Hope this helps some…."
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I'm really happy for you. It's horrible that you had to wait so long. My petitions are also taking a long time too but not yet 2 years.
Why did it take so long and what did it take to finally get them to approve it?
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Each time I enquire with USCIS about my long delayed case I get a different answer and learn a new USCIS -related term.
Yesterday a lady at the immigration office at my work got an email response from her contact at the local USCIS office (though not at CSC where my case is pending). Does anyone out there know what supervisory review is??? The letter I received from my senator (included on another post http://www.visajourney.com/forums/index.ph...owtopic=132761) seemed more sinister.
It reads "Unfortunately, I can only get limited information for these petitions since they are processed by the California Service Center. I did notice that Dr Harrison has filed multiple inquiries on both applications and I do not know the final outcome of the inquiries. However, it appears that he is filing for a K3 process, which means that he will also need consular processing.
His spouse has been assigned a file A........, both of the Petitions listed below have been merged in this file, the file is currently with Supervisory review as of 6-16-2008. This may mean that they are in the review process. Unfortunately, some Posts take longer than others…
Hope this helps some…."
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In my case I married and submitted the I-130 after submitting my Naturalization application, and so had to declare I was now married during the interview. The Naturalization went ahead fine (since this is not a problem), although they asked me many questions about my marriage etc... during the Naturalization interview, which I found a bit invasive. When I finally had the oath ceremony, they had made a mistake and put me down as single in the Nat. certificate. I had it corrected to married the following week, but I do wonder whether something to do with this is causing some confusion with some idiot at CSC. Maybe they think by mistake that I committed bigamy or that my Naturalization is invalid fore reason? It can't be because my greencard was never marriage based. I also wonder whether they might be cross checking my I-130 off against what I said in the Naturalization interview? Who knows? Other than those stupid things, I can't think what else might be bothering them? My previous divorce was too simple with no disputes. Maybe they find something wrong with that: i.e. maybe they expect the norm is for someone to shoot somebody or something or massive legal expenses in order for it to be recognized as a real American-style divorce?
I checked it out.. thanks MsZ... but the thing is they can't help with cases that are still pending.. it has to be approved first.. I even received the form to fill out and send back to do a FOIA request.. but it should result in a dead end again.. I didn't try it, but maybe I should..
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As far as I'm aware, the service request has been of no help. Never heard anything back on any of them so there is no point. I went to the infopass site and unresponded service requests seems to be one of the items for which they make infopass appointments, or should I say "misinfopass" appointments. I have one booked in Albuquerque Monday morning, but it's probably a waste of time. It's one of the prerequisites for Mandamus action however that one does things like make pointless infopass appointments.
Is there anything in you case that you suspect might cause some confusion with USCIS and could conceivably be causing you problems, or do you have absolutely no idea?
haha, we won't give up.. and you don't give up too..
I'm in this until the very last day and will keep putting up a fight.. I'm still in shock as of the "place in line" thing they said.. for example, if you are in a line of 100 and they take a look at your app due to a service request or other thing.. they said they put it right back at the end of the line.. you start 20th, let's say, then you end back at 100.. 
:angry: -
My suspicion is that real visa fraud merchants are so good at cheating the system that USCIS can't catch them. So instead they concentrate their wrath on genuine couples who have somewhat more complicated case histories. They need to deny some I-130's in order to justify their existence.
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Now I know what to expect. I see that no one who goes through this procedure gets an approval. This is pretty devastating.
Today I received a letter from my senator. What it states is not very encouraging. It seems they can take how ever long they like to process applications using a perceived security threat as an excuse. Here's the report from USCIS. Sounds like some sort of standard boiler plate that is not specific to my case but gives them unlimited time to delay. Here's the contents of the message from USCIS."The processing of the petitions you are enquiring about, ....... and ....... has been delayed. The petitions have been forwarded for completion of a detailed review and, until further notice, adjudication may not be expedited nor may premium processing be requested.
The ...... (USCIS) is committed to adjudicating immigration benefits in a timely, efficient manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for very application or petition it adjudicates. While background checks for most applications or petitions are completed quickly, a small percentage of cases involve unresolved background check issues that result in adjudication delays.
Background checks involve more than just initial submission of and response related biographical information and fingerprints. When checks and/or a review of an administrative record reveal an issue potentially impacting an applicant's eligibility for the requested immigration benefit, further enquiry is needed. The enquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible.
We have checked into your constituent's case and have been assured that the agency is aware of your enquiry, and is monitoring progress related to it. However, unresolved issues in your constituent's case require thorough review before a decision can be rendered. Unfortunately we cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related to his or her case. As an agency, we must weigh individual inconvenience against the broader concerns of public safety and national security."
Good Day NinjaRocket,
I received this letter verbatim from a Texas congressman when I made an inquiry into the delay of my k-3 processing. To be brief, my case was under so-called 'Administrative Review' and I was told that a security check was being done. When I contacted the FBI, there was no record of any inquiry on my behalf. When I requested a copy of my entire k-3 file under the Freedom of Information Act, at least 40 pages had been blacked out. Both my Texas congressman and congresswoman and my lawyer were told that I did not have a legal right to know what those documents contained. After 3.5 years, yes, 3 and a half years, my filing was denied. I lost my sanity and my marriage in the process.
I hope that you will find the courage to stay strong. I pray that you will not be one of the victims of the process - good people with honest intentions who are falling through the cracks of an otherwise good governmental system.
Read all you can. Retain a lawyer if that will make you feel better. Rely on your strongest relationships - you will need them. Pray everyday, even when you don't feel like it or know what to say. Stay strong. This will work out for you and your loved one.
Good Luck!
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It would be nice if there was some statistics from others who received similar letters from their senators or congressmen. Are there any out there who received such a notice and an approval shortly thereafter? My suspicion is that in sending such a report they intend for you to wait for a very long time...... months or years, maybe.
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There's a limit to how much time you spend outside the US when applying for naturalization and you have to be living in the US when you apply. The best thing to do is apply for naturalization as soon as possible. It can take as little as a few months, but sometimes takes well over a year. I've been in precisely the same situation myself once before.
HI. I'm a US resident and my fiance is Colombian. We are planning on getting married and then moving to Colombia until i can become a US citizen because we are told the process would be too long if i we apply with me being just a resident. What worries me now is that we need to find a co-sponsor since i won't be filling taxes in the time i'll be living in Colombia. Those are the plans so far. I'm working in the Sates right now until i can save enough for the wedding next March. But I don't know if me living in Colombia could become an issue in my process of becoming a US Citizen.Does any one have a better idea of what we could do? Maybe apply right now even as a resident? Help please this is very confusing!
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I had wondered whether it was possible to make a class action lawsuit, for all those stuck in long delays? There has to be a financial amount in dispute of at least $5,000,000 however for this to be possible and someone has to be the lead plaintiff. I guess one could include the filing fee in that if there were at least 5000 VJ petitioners with extended delays? Those whose cases never get processed within the published processing time ought to be entitled to having their petition fee refunded, wouldn't you agree? At least this way there would be an incentive for them not to delay cases without very good reason.
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Thanks for the links. On reading stuff relating to Writ of Mandamus, several other steps are required before it will be considered seriously: i.e. one needs to show that one has taken as many as possible reasonable steps to attempt to resolve the matter with USCIS before taking legal action. If there is no response to these steps, then it makes your case much stronger. First I'm going to make an INFOPASS appointment. It seems one can do that if one doesn't hear anything back after submitting service requests after 45 days. I have three that were never responded to. Of course, they are not going to do anything or tell me anything I don't already know, but it's a necessary step to take in order to show that I've taken action. The next thing I will do is write a letter to some prominent person in USCIS enquiring about my case and explain that I need to make such an enquiry before taking legal action. I don't expect to learn anything useful from that either, but at least if they don't respond or respond only with generic mumbo jumbo unspecific to my case, then it will be something more to include in a Writ of Mandamus package, should that be necessary.
you can do it alone for about $385.. something like that.. but I don't want to mess mine up even more, so I got a lawyer (or a group who does just immigration law).. and they have a lot of successful "campaigns" against USCIS.. they charge pretty high though (about $5k, I paid).. but it will be worth it for the peace of mind.. they are real good with their emails and phone calls so far..www.rreeves.com
a tidbit from them..
"Once we received the above, we will issue the demand letter. The demand letter will instruct CIS to adjudicate your application within 30 days. If no response is received within 30 days, we will prepare to file the mandamus. The government has 60 days from the receiving the lawsuit to file their response. They are entitled to a 30 days extension. Basically it is at least 3-4 months to complete the process. "
My demand letter has expired, and we are preparing the official lawsuit now..
here's a good website if you want to do it yourself..
http://boards.immigrationportal.com/showthread.php?t=216772
other info about writ of mandamus..
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For those who never got a response to a service request with USCIS on their case, it seems that a INFOPASS appointment is the next logical step. When you go to the USCIS INFOPASS page, there is a link for making appointments related to unresponded to service requests. Some of you probably already know this, but I didn't and so there are probably many others that don't given that it's a step only required by those with delayed petitions.
I have three service requests pending since November, none of which I have heard anything about.
I don't expect the officer to do or tell me anything I don't already know. However, it seems that this is a necessary step to take before the court system will consider a "Writ of Mandamus" seriously.
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I guess the only option is a writ of mandamus to force them to make a decision: does anyone know whether a lawyer is definitely required and how much it might cost?
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I forgot to mention the real excuse, which is that somehow this delay is in the interest of "national security and public safety." They use these words arbitrarily to justify any length of delay. I don't see what my case has to do with national security and public safety. This is just plain nonsense.
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The letter doesn't mention the FBI but it's well known they do nearly all the name checks. They are the bottleneck, not an "excuse".
We are all assuming that it's just a name check, but as the letter states, it could be other stuff or other agencies. However, some of the letter is of questionable relevance to my case. For example, it's obvious that there will not yet be any finger prints from my wife anywhere on record or any prior immigration history at this point in the process. They would have to approve the application and interview her at the consulate in order to gather that sort of data. They could also be making a background check on me, although that's never been an issue before with anything else. Their discussing at length aspects the processing that are obviously irrelevant to my case at the present time sounds like an excuse to me. If it is only a silly name check that is holding it up then its their obligation to say so in order to put the petitioner at ease.
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Which agency is resonsible for the security checks that have been delayed?
no specific agencies given... it's just a uniform letter they they send to senators and congressman of all petitioners whose cases are delayed
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I hope the RFE means they're actually processing your case now and that you will soon be approved
going by your timeline, I still have more than one year to wait in this security check black hole
Look at my signature. I've been around, you know.We hope this RFE is good news and nothing but that.
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I was suspicious that such was the case. Use of the term "his or her case" suggested to me that they didn't even know my gender when they compiled the report.
I got the sme leter from USCIS also. Word for word as for what you wrote. Nothing ws even diffrent from what you hve on your posting. I have been waiting over a year for my pending application.
"supervisory review:" what next?
in K-3 Spouse Visa Process & Procedures
Posted
Well, I'm worried about silly mistakes I might have made which may cause my application to be suspected of visa fraud. I didn't know about visajourney.com when I filed my petitions. If I had known, I probably could have done a better job. I hope I get an intelligent officer who will see that we have a genuine relationship. Hence, the supervisory review is really worrying me.
If I have an opportunity to provide more evidence with a NOID, I could provide (1) millions of email printouts (only the mail boxes were included in my original petition which already amounted to many many pages), (2) 2007 joint tax return (although it still hasn't been processed, nor have I received the ITIN for my wife), (3) proof of 4 additional trips to be with my wife since filing (plus various excursions within her home country plus loads of new photos), (5) almost daily phone calls (even with Vonage I'm spending $100-$200 per month), (6) proof of continuing wire transfers in my bank statements (I'm paying for her to go through college)