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dv2006-No decision 8weeks after interview

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gui83

Registered Users (C)
I am a DV2006 winner with EU3xxxx. I had my interview on June 21, 2006. At the end of the interview the officer said everything was complete and she is going to approve it. 8 weeks later and I have not recieve any notification of the decision! I went to the Baltimore office last week and they said my folder is still at Baltimore and the officer did not make any decision. They couldn't tell me if my background checking has been cleared. I have been told that I should hire a lawyer and file a Mandamus law suit.
I also wrote to my Senator and have a copy of the letter she wrote to CIS asking to expidite my application. Has anyone gone through the procedure of a law suit to help me? Should I hire a lawyer? Wait for a response to the Senator's letter. It is a lot of money (that I don't have) and I want to feel it is worth the expense.
I appreciate your advices

Novembre 2005 send the immigration package.
Feb 2006 Finger print
May 2006 notice for interview
Juin 21st 2006 Interview at Baltimore office
August 12 NO DECISION
 
gui83 said:
I am a DV2006 winner with EU3xxxx. I had my interview on June 21, 2006. At the end of the interview the officer said everything was complete and she is going to approve it. 8 weeks later and I have not recieve any notification of the decision! I went to the Baltimore office last week and they said my folder is still at Baltimore and the officer did not make any decision. They couldn't tell me if my background checking has been cleared. I have been told that I should hire a lawyer and file a Mandamus law suit.
I also wrote to my Senator and have a copy of the letter she wrote to CIS asking to expidite my application. Has anyone gone through the procedure of a law suit to help me? Should I hire a lawyer? Wait for a response to the Senator's letter. It is a lot of money (that I don't have) and I want to feel it is worth the expense.
I appreciate your advices

Novembre 2005 send the immigration package.
Feb 2006 Finger print
May 2006 notice for interview
Juin 21st 2006 Interview at Baltimore office
August 12 NO DECISION
Click to expand...

So far, I have had a similar experience like yours.. I had my interview on June 5th and officer told me that my application was complete; passed background check and he was going to approve me.. Since then, I visited USCIS twice and they told me that my application is pending and there is no decision. However, they told me that they have to make a decision my September 30th.. In the mean time, on August 8, I got another appointment letter from the officer I had the interview with... He says on the letter that my DV Visa Processing fee is missing and he wants to see a receipt of it or he wants to me to bring the payment to him on August 15th.. So, keep visiting the USCIS.. Pressure them to give you more info and try to find out how they handle DV cases in that office. Even if you don't hire an attorney, at least have a consultation.. They might be able to tell you how your local office handles these DV cases and you can make up your mind from there.. In the mean time, just keep bothering USCIS' and Senator's offices..

Good Luck!
 
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Exact! so far we have the same experience. I am glad that you received the lettre to bring the payment for I485. It shows that they are taking care of your case.
I will go back to USCIS next week. I hope I get more information.

Good luck!
gui83
 
gui83 said:
Exact! so far we have the same experience. I am glad that you received the lettre to bring the payment for I485. It shows that they are taking care of your case.
I will go back to USCIS next week. I hope I get more information.

Good luck!
gui83
Click to expand...

Actually, it is not the I-485 fee that they are asking for.. They want to see the DV Processing Fee receipt for the issuance of the visa. It is the one that you send out separately to pay ($375) and they send you a receipt back.. I already paid that and I put the original receipt in my application unfortunately.. They must have lost it.. The interesting thing is in USCIS system, my application is complete and during the interview they told me that my application is complete... It is scary that is it took them 2.5 months to figure out that possibly I am missing something... Next time, you visit them, just plea your situtation to them and ask what happens if you don't hear anything by September... In my local office, they told me to come back definetely in September if I don't hear from them by that time...
 
Hi guys,

Today, I went back to the Baltimore office and talked with someone who was very nice. She told me that she could see on the computer that someone worked on my paperwork 1 hour ago and she couldn't see any problems. She said that the officers are aware of the Sept 30th deadline and they are going to send me an answer before this date! I als have a copy of the letter my Senator set to them just a week ago. So, I don't know what to think, should I trust her or meet with my lawyer and start the mandamus procedure?
Ipek 79, I am surprised that they asked you for the $375 receipt since Kentucky has processed your paperwork, it means that they received the money! I hope they don't ask you to pay it one more time!

Gui83
 
gui83 said:
Hi guys,

Today, I went back to the Baltimore office and talked with someone who was very nice. She told me that she could see on the computer that someone worked on my paperwork 1 hour ago and she couldn't see any problems. She said that the officers are aware of the Sept 30th deadline and they are going to send me an answer before this date! I als have a copy of the letter my Senator set to them just a week ago. So, I don't know what to think, should I trust her or meet with my lawyer and start the mandamus procedure?
Ipek 79, I am surprised that they asked you for the $375 receipt since Kentucky has processed your paperwork, it means that they received the money! I hope they don't ask you to pay it one more time!

Gui83
Click to expand...

Hi Gui83,

I went to my second appointment today and officer was able to find my visa processing fee and I didn't have to pay for it again. So, that part is taken care of but he said that he is waiting for the package from KCC. He said that once he receives that my situation is going to be finalized. However, he was extremely reassuring this time.. He said that he is waiting for a response from KCC by Monday and he said if he doesn't hear from them by that time, he will be calling them every single day.. He was very much more kind and caring this time. He actually apologized for the delay and he said that he is on top of it. So, we'll see... I don't know but my many visits to USCIS and contacting to the Senator's office seems to be paying off slowly. So, is there any update on case yet? Don't stop visiting USCIS... On the lawyer, issue it is up to you.. The countdown has started...
 
Ipek,
I am happy that you finally got a more encouraging answer. You can also call KCC and ask if they have sent your package. They are pretty good at answering phone calls. Actually, I am in the same situation as yours. When I went to Baltimore, the officer at the front desk said that they are working on my case and for now there is no “red flag” or problems and they know that they have to send a response by the end of Sept. So, it’s some how encouraging but at the same time by waiting I can loose my time and delay a legal action. So, I am debating. I don’t know what to do exactly. I will keep you posted.

Good luck again,
Gui83
 
gui83 said:
Ipek,
I am happy that you finally got a more encouraging answer. You can also call KCC and ask if they have sent your package. They are pretty good at answering phone calls. Actually, I am in the same situation as yours. When I went to Baltimore, the officer at the front desk said that they are working on my case and for now there is no “red flag” or problems and they know that they have to send a response by the end of Sept. So, it’s some how encouraging but at the same time by waiting I can loose my time and delay a legal action. So, I am debating. I don’t know what to do exactly. I will keep you posted.

Good luck again,
Gui83
Click to expand...

Well, I called KCC this morning and they told me that they haven't requested my package yet. I was really dissapointed since the officer told me that he requested it on 08/04/2006... So, I guess I'll wait till next Tuesday and check with KCC again since officer said that he'll be calling them again on Monday.. Otherwise, I see more trips scheduled for me in the horizon for USCIS..
 
Hi Ipek79
I understand your frustration. If I were you in few days I would go back to your local office and again talk with the officer and push them to request the paper work from KCC.
I contacted my senator's office and they did not get a reply from USCIS regarding my case, which they found unusual. They are going to send another request. I will see!! Nothing new and exciting!

good luck
Gui83
 
Hi everyone,
I posted a question about a month or two ago and i received only one reply and i am grateful for that reply but after speaking with a second lawyer who said it can't be done, i got confused again. My question was, it is possible to have two AOS pending at the same time (same year, same state and city), one for employment (nursing) and the other for DV 2007.I called USCIS twice and i got different answers, one said YES and the other said NO. I want to know if there can be any complications. If there are people with more of such experiences, i would appreciate it if they can come out and help me out because as we all the know "the experienced are the best teachers". Thanks
 
Hi,

on the 2005 lottery there was one guy who'd applied for AOS based on DV and at the same time another AOS was pending EB based. In the end the EB came through first.
My sense is that it depends on the local office and how they do things there. When you asked USCIS, was it the helpline or your local office?

Good luck

Barbara
 
Thanks for the quick reply Barbara, I called the help line not the local office. When ever i try the local office but it went straight to the answering machine. My husband even booked an appointment to speak to a local officer but he said the officer could tell him much. And about which one will go faster, I guessed may be the DV one will be faster since our number is AF6xxx and we are from ghana so hopefully our number will be in the next current numbers.
 
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Ipek79 said:
Well, I called KCC this morning and they told me that they haven't requested my package yet. I was really dissapointed since the officer told me that he requested it on 08/04/2006... So, I guess I'll wait till next Tuesday and check with KCC again since officer said that he'll be calling them again on Monday.. Otherwise, I see more trips scheduled for me in the horizon for USCIS..
Click to expand...

Today, I called KCC and found out that my package was sent to my local office on 08/17/2006. I am going to pay another visit to my local office on August 30th. I hope I have an update on my status by that time..
 
Hi Ipek,

I went to the local office on Monday the 21st. As usual they told me that they had no news for me. Today i called the KCC to make sure that my visa package was sent and found out that they sent it on... August 17th. I took the information as a good news. I will probably visit the local office by the end of the month. I am not quite sure what to do with the lawyer. I have contacted one who recommended that i go for the legal action, i did not make my decision yet, and will probably make a final decision by the time i visit the local office one more time.

Good Luck to all
 
I am also waiting but haven't even had the interview yet. My congressman office told me uscis requested the package from kcc on aug 21st and I confirmed with kcc and the package was sent on the same day.

I thought the interview would be scheduled as soon as the package is requested but so far I haven't received the letter yet. :confused:

I am going there Monday, Aug 28th, to see if they can tell me the interview date. I am willing to wait until the end of the month and if nothing happens I may have to take them to court too. :(


The thread below talks about a lot about the lawsuit and how to do it yourself, you can read it if you want to know it better:

http://boards.immigrationportal.com/showthread.php?t=194681&page=1&pp=15
 
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To gui83 and 2006 07

gui83 said:
Hi Ipek,

I went to the local office on Monday the 21st. As usual they told me that they had no news for me. Today i called the KCC to make sure that my visa package was sent and found out that they sent it on... August 17th. I took the information as a good news. I will probably visit the local office by the end of the month. I am not quite sure what to do with the lawyer. I have contacted one who recommended that i go for the legal action, i did not make my decision yet, and will probably make a final decision by the time i visit the local office one more time.

Good Luck to all
Click to expand...

Hi gui83,

I think it is all going to work out.. No wonder, you didn't get a stamp on your PP during the interview.. Apparently, they didn't have the package from KCC for you either.. It is a very very good sign that your package was sent out on the 17th just like mine.. Also, what I have seen from others' experiences is even if local office receives it, it takes a while for them to sort it through; deliver it to the officers and enter the system as received (1 week or so). I'll be doing another infopass on Aug. 30th to make sure that it is received. Otherwise, we should be hearing something from them within 1-2 weeks or so. The only thing I am curious is whether they are sending the packages with Fed-Ex or regular mail.. In anyways, if I don't hear anything by the end first week of Sep., I'll be writing personal letter to the officer I had the interview with and doing another infopass.. However, people who had KCC package issues just like us had good news so far.. So, that's making me optimistic another thing is my local office also told me that they have to make a decision by Sep. 30th.. Also, last time I had to see the officer about the fee, he seemed very aware of my many visits even though I didn't tell him. Keep visiting them, it seems like front desk people must be putting notes in our cases about our visits, inquiries and officers see that..

Hi 2006 07,

That's very encouraging that they requested your package.. However, when you visit them on Monday, if they don't see your package as received, do not panic yet. It takes a while for them to process and see it as received. But if possible, try to make them look for it for you. However, from this point, I would highly recommend to visit USCIS every week if you can and push them. As long as you don't have any pending name check issues, once you have your interview, you'll be approved right on the spot.. You won't have to wait for the package to come from KCC to get an approval like us... Keep us updated about your case...

Good Luck Everyone!
 
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