Transferred to Miami - I'm ready to give up (cont'd)

[curiousGeorge]

See part one if you want here, but this thread pretty much encompasses the general feeling.
http://www.immigrationportal.com/sho...p?t=128272.com

I'm fed up. I've had enough. This is ridiculous. If this was the corporate world then USCIS would have been out of business long ago due to terrible customer service. There is nothing anyone can say to make this better.

When I was originally transferred to Miami in May 2004, my wife's case (derivative) was not transferred, for some unknow reason, even though the SOP clearly states family packs should stay together. I sent a fax. I sent a paper letter. My old lawyer sent a fax. I went in person to the Miami office. My new lawyer sent a fax. My new lawyer went to the Miami office in person. My wife's case has not been transferred yet. Now my lawyer met with the director of the Miami office about this problem, and the director said they will request the transfer when its time to adjudicate my case. Instead of planning ahead (it took 3 months for my file to actually arrive in Miami), they are wasting time. When the adjudicator picks up my file I will get an additional delay at that time of at least 3 months just because they didn't transfer the derivative case already.

Next, my fingerprints are about to expire. It clearly says in the I-485 Standard Operating Procedure found here (http://www.immigrationportal.com/sho...p?t=128272.com) on Page 5-19:
"If the FBI Response Description is NON-IDENT Or IDENT and the date
processed by FBI is more than 12 months but less than 15 months then you
will route the file to INS and make this comment on the batch Sheet "Mark
as an expedite on the batch sheet".

I had the lawyer ask the director about this, and he said that due to the current workload my case will not get an interview for at least 6 months from today. That means that when it comes time for my interview, my case will again be delayed for at least 2-3 more months just to get the fingerprints done. and if they decide to do the name check all over again, who knows how long I could wait, as some people on this forum have reported that they are still waiting for name check results even after 18 months.

So, with al these delays:
- Min 6 months before an adjudicator touches my case.
- 3 months for my wife's case to get transferred.
- Min 2 months for my fingerprints to get done
- God only knows how long the delay will be for another name check.

My total delay will be between 11 and 20 months from today. My RD is April 2002, and if I go by these "optimistic" figures, I might have a green card by November 2005 or even as late as June 2006.

When I visited the Miami office I inquired about the processing dates. My case (at the time) was well beyond the processing date, since it was August 2003, and my case is April 2002. They confirmed that this is based don the receipt date that I got from TSC, but that the date is for family based cases only. Since my case is employment based, I repeatedly asked them what the processing date is for employment based cases. Their only reply was that EB cases are not their jurisdiction, but rather the jurisdiction of TSC. I agreed, but reminded them that my case has now been transferred into their jurisdiction, and there must be other cases like mine. they still stood by the fact that there is no processing date for EB cases in Miami. I challenged them and tried to tell them that means my case is current, and should be processed immediately. They disagreed, and simply told me I have to wait. Wait for what? My case is in a black hole, and nobody knows when it will be processed, I said. I need to know how much longer it will take to process this case. They ignored me. That's the great service this government organization provides us. They ignore us, and we sit here and suffer at their expense, with no way to recourse. Not even Senators or congressmen can help in this situation as I have seen by others who have been transferred to local offices.

This is USCIS secret plan to reduce the backlogs at the service centers. The cases fall into a black hole at the local centers, virtually untraceable by anyone, not even their own director and then the USCIS reports that they have reduced the backlog. Great plan. Very conniving. Congratulations USCIS!

My mother recently won the DV-2005 lottery, but for her to enter the US, she will need an affidavit of support from someone who is a green card holder, or a US citizen. Since she has no savings, and no job offer, I am her only hope of getting in. Since I will not have my green card in time before the DV-2005 process is over, this dream has evidently become an impossibility.

I feel like calling the media, and jumping off a bridge today, with a note to the USCIS attached to my body. Maybe at least that will help everyone else waiting in line. Maybe I should become a suicide bomber instead and bomb the Miami USCIS office. Any ideas on how I should end my misery, and go out with bang?

[saras76]

curiousGeorge,

I fully understand your frustration. My case is in Miami as well and I have no clue whats going on there. This is a long and painful process but you need to keep your faith. I know that I can never fully understand your situation and I am sure its taking a toll on your life but please do not let it consume every moment of it. I am really worried about my furture to but I do believe in fate and if I am destined to be here and get this damn GC then I will, if not then there is another plan out there for me. I will try to make the most of it. These ideas might sound stupid to a lot of people but I refuse to let today be ruined by something that might happen in the future, especially when I can do very little to change the outcome. I am hoping for the best but am getting ready for the worst. Life is never fair, I am trying to make the most of what I have gotten.

Onto some other possibilities. I am not sure if you have contacted a Senator or Congressman. That might help.

I hope I have not come across as someone trying to preach to you but today after reading your post I felt very sad and truly concerned for a friend whom I have never met but know quite a lot about through this forum.

I am in the same boat as you and so are thousands of others, I pray to God that it works out for all of us.

saras

[tmc]

may GOD help you during these difficult times and hopefully everything works out good. GOD BLESS!!!

[chaman]

I am sorry to hear about your case. I know that nobody can feel the pressure the way you feel it, and I really hope you see a light at the end of the tunnel sometime soon. As far as the Affidavit of support for your mother, I think I heard someone saying that for cases like this, a relative or even a friend who is willing can sign the Affidavit. Please don’t quote me on this, but I thought it was at least worth to try.

[poongunranar]

...and the only difference is that I am stuck for eternity with Atlanta District Office, wheres you are in Miami. Still, I am able to retain my sanity precisely because I am taking it as saras76 had posited. It may sound "stupid," as he had precisely put it, but in that "stupidity" is our "forebearance" and willingess to share whatever we can to assist others in their journeys, even as we joyfully hope towards the day of our own adjudication.

Here is what the Officer in Atlanta told me, "Now, Sire, all that you need is just little bit more patience." I just took it in my stride before walking away from that pitiful, useless, advice of hers.

Cheer-up and be hopeful.

[SRM]

CURIOURGEORGE,
We all understand your feeling. Especially when people even late 2003 get approved, It sucks lot of confidence and energy.

Pull them to court , They will approve your case instantly.
Damn the USCIS.

[dinnu]

curiousGeorge,

This may sound like completely off topic, but if I were you I would edit the post and remove the comment about becoming a "suicide bomber".

Please don't get me wrong, I completely understand your state of mind. But under current circumstances in this country, it may be perceived as a threat and may create more problems for you.

Dinnu

[FL2002Filer]

CuriosGeorge,

Unfortunately, I am also one of those USCIS victim, whose case has been transferred to Miami at the end of June 2002. I am really sympathetic about your case history. I have also not been spared by USCIS.

I like yor idea of going to Media. We need volume to go to Media. I am very close to SunSentinel Office in Delray Beach. I can visit them anytime/anyday. So, Let's gather the momentum. I am suggesting to put all Miami waiters to put their details here and see howmany of us are still in this miser. If we are sufficint and all do't mind, then we can go to media. If we get somebody go to Miami Herald office the same time/day, it will help.

- FL2002Filer

PD : Feb 2001
RD/ND : April 2002
FP : May 2003
TD : Jun 2004
AD : ?????

[wolfman]

Count me one

My wife and I filed on March 2002, transferred to Miami on July 2004.

[JaideepB]

Curiousgeorge,

My case was transferred to Houston local office last month. I had done my FP in June this year but my wife did not get a FP notice and her FP was expired. So a week after our cases were transferred, we got a infopass appointment and met with an immigration officer at the Houston local office. We requested him for a FP notice for my wife and we got one. You might also want to do the same after yours expire.

JaideepB
I485 RD 04/2002
FP (me) 06/2004
FP (wife) 09/2004
Case transferred to local office 09/2004

[curiousGeorge]

saras76,
If it wasn't for the possibility of my mother getting a green card via the DV-lottery, I would not be so stressed. Other than that I could wait as long as it takes. I have an EAD, I have an AP, and it doesn't look like I'll be layed off for at least 6 months. (knock on wood) I have not contacted a Senator or a congressman yet. I might have to try this path, even though it seems that people on this board who were transferred to local offices had little help from our elected officials, such as wolfman. I know you are in a similar situation as me since you're case is stuck in Miami, my case is a little different due to the reliance on my green card completion to get my mother here. Thanks for your support in these hard times.

tmc,
Its seems that may be the only thing left to get me through this.

chaman,
You are correct. Any permanent resident or USC can sign the I-134 for a DV winner. It does not have to be a family member. I've asked countless people if they would sign it, at least 40 people. Nobody is willing. I've even offered to reward them with $1000. Still nobody is interested, and this does not surprise me. The way the I-134 is worded, it seems quite scary for a stranger to take on the responsibility. The responsibility remains on my wife and I, and I fully understand and respect that.

poongunranar,
I've read about your case also. Its sad to see that Atlanta is even slower than Miami. I suppose I should take the advice from both you and saras76 and just let the path be created for me and play stupid, instead of the other way around. Ignorance is bliss, and sometimes I think from reading this forum, I've learned too much, and its what I've learned that is driving me crazy.

unitednations,
I don't think I could scrape up enough money to take them to court. I'll have to keep searching for someone to sign the affidavit, or find her a job, or something.

SRM,
You are right, that is one of the things that is getting my angrier by the minute also. Miami denies any responsibility for my case because its an EB case, and that they just do FB cases. Any EB case is in a black hole there. Now we have people in TSC that have a RD from 2003 who filed concurrently and are getting approved before the 2002 cases who didn't file concurrently. The option did not exist to file concurrently in 2002, so why should USCIS "penalize" the 2002 filers for not having done so? there is no reason to delay any further on the 2002 cases, since they have their I-140 approved already long ago.

dinnu,
Screw the circumstances that this country is under, they got themsleves into this predicament because they don't move quickly enough on security issues. I've been here so long, and my case is pending for what? A security check? A name check? Who knows. I could have been a "sleeper cell" and they still would not know yet. Now my fingerprints will expire, and they will blame it on security checks again. If they were really smart, they would adjudicate us a lot faster, and stop blaming it on security checks that take 18 months. My point is, how secure are we if it takes 18 months to do a security check. At that speed, the people who are really going to blow themselves up have probably already done so, and the FBI could not find them in time. These security checks are useless if it takes so long to get them done, and they're fooling themselves if they think they are keeping us safe. That is my point. Thanks for your support though. I am not angry with you, I'm angry at this stupid system we are all adhering to.

FL2002Filer,
Without anything drastic happening, the media won't help us. That is why we need to take ludicrous steps to get noticed, not just a simple sob story about all of waiting for ever with no official end in sight. For the media to notice, unfortunately, people need to die. That is how the newspapers sell their newspapers.

wolfman,
I have been following your case also. You were one of the ones who got a terrible response from our elected officials, and this got me more angry. They do not care about us, because we can't even vote for them. I've often considered talking to a
Senator or a Congressman, but quite frankly, I'm skeptical. I know a USC who was in the process of getting his wife to the US, and the Senator told him outright, that they have no power when it comes to USCIS. All they can do is inquire about status. And this was a USC registered voter asking for help. Do you really think they will help those of us who cannot vote?

JaideepB,
It seems that the Houston office has a few people who actually want to do their job the best that they can. In the Miami office, its a different situation. They treat you like you are dirt. They want to get rid of you as quickly as possible, and do not even give you the light of day when you try to explain your situation. When I ask about fingerprints, the CSR, who obviously was not an adjudicating officer, told me that they have no control over fingerprint requests. The request must come from the people sitting in the building in 79th Street, since that is where the adjudicators sit. I felt like I was speaking to someone on the 1-800 line, except on top of their ignorance, and lack of motivation to even do their job in the first place, they treated me like I just came out of cow's ***.

[superb]

Very sorry to hear about this mess.
I think once case transferred to Miami, they are responsible. The only way I can think is pursue some more and at least get your case approved. That way it can help your mother. You can worry your wife's case later.

I will pray for you.

Don't give up. Never give up. Hold tight.
Suicide is very selfish thought considering you going to leave your wife,childern,parents behind in agonies and heart broke situation.
I have gone through many difficulties. Here is my funda, I feel good about the problems because I try very hard to fix them. Then I feel proud to tell others how I overcame those. Great people became great because they gone through very difficult time.

Remember, it is just matter of time. Everybody get's his own time. Never ever think of suicide or giving up.

You can email me at superb1984@yahoo.com
We will talk.

[poongunranar]

CuriousGeorge:

While your RD is 04/2002, Miami's current processing RD is 02/2002 (as published in 10/14/2004 update). So, I guess, you are almost there.

[curiousGeorge]

superb,
Actually I wouldn't do it for selfish reasons. I would hope that it would help to bring light via the media to the other cases that are waiting in this endless line.

poongunranar,
As early as last month (09/2004) the processing date for Miami I-485 cases was August 2003. All of a sudden it retrogressed 18 months backwards to Feb 2002. Isn't that strange? Regardless, this date is not for employment based cases. Its only for Family based cases as this is what I was told by one of the workers at the Miami office and also her supervisor. My lawyer confirmed this, so this date is meaning less to EB cases transferred to Miami as Miami does not technically process EB cases. Its all a big conspiracy in the banana republic we call USCIS.

[poongunranar]

Even Atlanta had retrogressed around March 2004, when they shifted by about 4 months or so. At that time, it used to take at least 4 months to see a fortnightly shift in processing dates and it was a serious bolt in the blue for all of us. However, I am appalled to a 18-month retrogress of Miami. I do take with a pinch of salt, whatever the officers at INS local-office or our attorneys say. Nowhere it says, "Employment based," "Marriage based," etc., in the legend of the time period posted. (Compare this to Nicaragua based asylum cases, etc., or some other specific qualification that you will find for I-485 cases that are not marriage-based or employment-based.) It is shameful that attorneys have stopped representing their clients' interests; rather they sing cymbals at the altar of sychophancy. This time, it is not the Gods that are crazy, but the attorneys.

[wolfman]

Hi, CuriousGeorge

I told my lawyer about your sad story, and he basically said
this kind of experience is normal because CIS will not expedite an green card application absent an emergency. Each case progresses seperately
and at a different speed depending upon the particular circumstances

I think he virtually didn't explain anything at all. Although he said
he will talk with Miami CIS director next week

I don't have too much hope on that "magic" meeting as your lawyer
had done the same thing before.

Anyway, I will post the progress asap.

Good luck to all of us!

[Brij523]

poongunranar,
What is the possibility of suing USCIS for the pain (assuming pain is proved) he/she goes through the I485 process? On an individual basis if he/she sue USCIS can someone reach some solution?
Also seeing the processing date change 5 to 6 months in just 15 days seems hard to believe. And based on the input received here (many people not yet approved), it looks like USCIS center may be conning the processing date time. Do you think that court can help people here if people sue USCIS?

[poongunranar]

This is precisely what Rajiv is trying to achieve with his class-action suit. Please do find my viewpoints on the thread "Complaint" where I would have passionately laid out all the reasoning behind whether we have a strong case and if INS can be held accountable for the unreasonable delays. Since, you have raised a pointed question, I will answer it to the point as well. You assume that only "pain" needs to be proved. Well, in the court of law you ought to prove that INS caused this pain to "YOU" with "mala fide" (bad intent or bad faith) intentions. That is a very high burden of proof. Why would INS do that to "YOU?" Also, how can a court -- an interpreter and arbiter of law -- become an executive branch to issue diktats to an executive branch as to how it must conduct its affairs? When I spoke this truth, I was blasted by passionate under informed radicals in that thread. Guess what? The learned Judge in the Federal Circuit Court of Appeals precisely made obiters exactly along those lines I had presaged before the court took the case for hearing.

As regards to the time change, INS will always come with an explanation and at the most they will tender an apology. There is no real accountability here. This is why we need to see how the Class-Action suit fares.

Now, in cases such as these we may be the ones to create jurisprudence. Every case -- a new case in fact -- constitutes stare decisis, i.e., a jurisprudent example that constitutes case-law for the other cases that are similar down the line, in future. Therefore, you can start honchoing with any type of communiques where you may have been assured of processing dates and time; no distinction in dates between EB/MB etc., even in the web-site, etc. So, with all these things, you can ask the Court to consider the case and issue a Writ of Mandamus to the agency. In a post 9/11 world, I doubt the Courts would do such a thing, but in law, anything is a possibility.

Now, as an alien, do you have the energy and money to fight so hard in a court of law? That will be a moot question for you and me to answer.

[Brij523]

Thank you. I thought the same precisely. I was keeping curiousgeorge case in mind when I wrote the posting.
I have read most/all of your posting.