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  #1  
Old 28th April 2009, 08:55 PM
JackDan JackDan is offline
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USCIS main branch wants to "expedite" my case...

Hello.

Some of you may know my case already.

I am on the verge of filing a Writ of Mandamus simply because I am sick and tired of waiting 3 years and 8 month and 10 days from initial filing of I485 (marriage based), or 2 years 7 months from our interview, or 1 year since the last RFE.

Today I called missinformation number to get an address for Michael Aytes,
Acting Deputy Director for United States Citizenship and Immigration Services.

It did not came as a suprise to me that: 1) USCIS DOES NOT have an address 2) one CANNOT write Mr. Michael himself as his is in charge of everything here (you wondered why attorneys charge so much?), and that THERE IS NOT ADDRESS to contact him at all.

This pissed me alot and teller transferred me to the higher lever (he was nice enough not to simply disconnect me, since it is normal that even if you are not rude (I was not, I was just very formal and official) they will dump you if cannot answer your question.

So they transferred me to the officer that gave me her name and she sounded more progressional than anyone ever before since dealing with the USCIS for abour 4 years now.

I explained my situation AGAIN and told her that I dont want anything from her because their help (overall) simply DOES NOT work and that I just need an address for Mr. Michael Aytes, so I can send him my letter explaining the situation and notice them that if my case is not finalized with whatever decision it may be, I will file a civil suit with State's court.

She took my A number and dissapeard for 5 minutes, then came back online and told me alot what I have done, which is all 131 I have been requesting, all RFEs, interview, attorney inquiries, congressmen involved blah blah blah, and she looked and it and got upset that it really takes ridiciolous amount of time for Orlando to finalize a simple case like that.

I took advantage and explained her that it is really frustraiting that I am kept in the system for almost four years on so-called "background checks", while it SHOULD BE IN THE BEST INTEREST of the USCIS, ICE and overall United States to DEPORT ME as soon as possible, instead of keeping me legally in here for such a long time, and I told her that if they havent found anything so far, they WON'T find anything at all, because you can't find fraud where there is none!! I also told her that while it is OK for USCIS/DHS/ICE or any other agency to investigate me and my spouse, there is no reason whatsever for investigation to took such an unreasonable amount of time! (I know I was bold but if you dont have anything to hide, there is nothing to be afraid of!)

She just listened and she said I was right, she apologize (this is the first time I heard anyone from USCIS to truly say sorry) and she told me that she will be the one who WILL help me and not to hang up that she will call Orlando Office now to get more information whats really going on.

So I waited, then she came back like 15 minutes later and apologized again, she gave me some weird ticket number starting with "ETC" and told me SHE requested Orlando office to EXPEDITE my case immediately. She told me to hang on to this ticket and I should get something in mail within a week, but if not then to schedule another infopass and gave out that "ETC" number. She apologized again and told me my case should be completed soon.

So I am just wondering it is going to be funny IF Orlando Office will reject expedite of service that actually came from USCIS main branch Officer )

And what does it really mean when a case is expedite?? does it mean anything at all? Does it give USCIS certain amount of time (and not more than that) to complete my case??

Do you think I should follow up with WOM if nothing happens on my case for 45 days, or give them more time??

Whats your opinion (especially appreciated from people who had their cases expedited) ?
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  #2  
Old 29th April 2009, 12:39 AM
aniretake aniretake is offline
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Expedite = process urgently= in a fast manner

Listen, my file was completely lost by INS for 4 years. I was not able to work legally. Stop complaining and wait, and do what they told you.
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  #3  
Old 29th April 2009, 12:58 AM
AzBlk AzBlk is offline
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Quote:
Originally Posted by aniretake View Post
Expedite = process urgently= in a fast manner

Listen, my file was completely lost by INS for 4 years. I was not able to work legally. Stop complaining and wait, and do what they told you.
Dude did you forget to take your "happy pill"?
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  #4  
Old 29th April 2009, 01:40 AM
JackDan JackDan is offline
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aniretake, "wait" is a matter of perception.

Section 202 (8 U.S.C. § 1571) of the Title II of the American Competitiveness in Twenty-first Century Act of 2000 (AC21) clearly lays down the parameters of reasonableness in immigration adjudication, stating: “[…]It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application”.

By failing to render timely decision on any immigration application, USCIS and DHS is violating the Administrative Procedures Act [particularly 5 U.S.C. §§ 555, 701, 8 C.F.R. §103.2(b)(19) and 8 C.F.R. §245.2(a)(5)(i)] and this constitutes agency action that is arbitrary and capricious, and not in accordance with law.

its OK to wait 180, 250, 500 days, BUT NOT 4 years!!!
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  #5  
Old 29th April 2009, 01:44 AM
JackDan JackDan is offline
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anyways, anyone can say something more regarding "expedite" experience than "process urgently= in a fast manner".
I have a bunch of letters from USCIS, DHL and my congresman shortly stating that my case is being processed as quickly as possible, urgently and in fast manner.
I am collecting those letters since early 2007.

Its not that I am complaining. I am done complaining. My WOM package is ready and awaiting.

I am done complaining and give USCIS/DHS 45 more days, 46th day I am @ the Court.
Thank you.
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