I-485 transferred to local office - what action should be taken?

M

mks_485

Registered Users (C)
Hi guys,

My case is transferred to local office in Atlanta, GA. Here is the message says:

On December 2, 2003, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in ATLANTA, GA for processing. Our office in ATLANTA, GA will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office. Please call the National Customer Service Center at (800) 375-5283 to receive information about local office processing times.


I am really very frustated with the decision of texas service center to transfer my case after 30 months. Right now TSC is taking 990-999 days (33 months) to process a I-485 case. Instead of approving my case, they transferred my case to local service center.

I talked to national customer support center and ask
regarding my transferred case. They said since my case is transferred on 2nd december, 2003, the local office will take that date as reciept date and my 30 months waiting time will be considered as 0. I asked than how much time it will take to approve in the local office. She told that it may take 18 or more months.

Should I wait around 5 years to get my I-485?

My priority date is 10 Nov, 1999 and my case is not a concurrent case. Its already 4 years since my GC was filed.

Please answer the following questions and let me know what will be best in this situation if applicable:

1. Can we ask the texas service center to give the reasoning of my case transfer. If yes, than why after so long time (30 months).

2. Since my case is the transfer case, how it will be handeled in the local office? Which reciept date the local office considers in the case of transfer? Will it be 2nd Dec, 2003 when my case was transferred to local office or it will be 20 June, 2001 which is the reciept date of my I-485 in TSC.

3. Should we contact to senator of Atlanta, GA and tell them regarding my problem related to immigration?

5. Can I file a case against the TSC for their decision to transfer my case after 30 months to local service center?

6. Is their any other option available? I am open to any option you suggest?

Guys please help me and suggest what action should be taken?
 
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As many folks had already answered this question, the RECEIPT DATE on the notice is what counts for the local INS office. Since yours is June 2001, which is what Atlanta local office is processing right now, they should be able to act upon it as soon as your file is transferred from TSC. Usually, it takes about a month for the local-office to receive the file from TSC.

Again, I am merely trumpeting what I heard from other folks in this forum.
 
As many folks had already answered this question, the RECEIPT DATE on the notice is what counts for the local INS office. Since yours is June 2001, which is what Atlanta local office is processing right now, they should be able to act upon it as soon as your file is transferred from TSC. Usually, it takes about a month for the local-office to receive the file from TSC.

Again, I am merely trumpeting what I heard from other folks in this forum.
 
Atlanta office done with May 2001

I went there this Monday and they had a board that said
"If you filed our I-485 after May 2001, please do not enquire about it."
I think it basically means they are processing June 2001 dates now.
 
reply

Mks485.

You might consider enrolling in the lawsuit. It takes anywhere from 9 months to like you said 18 months to get an interview.
 
There was some information on the Shusterman website about a family based I485 case, which was similar. CSC had the case for three years, then transfered it to the local office, where the projected time for an interview was another three years. The applicant filed a lawsuit against BCIS and got the case adjudicated. If you are willing to fight and you have a clean case, you can contact Shusterman, who is a well respected immigration lawyer and had success with this types of cases.
 
mks485,

I am not an expert in this arena but based on common sense and all the stories I hear about agents who answers phone when you call the 1-800 number, they are ignorant about the procedures at a local BCIS office. They are not IIOs, especially in the Tier-1. These are simply hourly workers, so do not trust what they told you.

I suggest you go to the local office and try to get an answer to your question #2. I have a feeling your application will be considered as a June,2001 case. I doubt you will receive any help from TSC, Senator, or Courts for the situation you are in. Such transfers happen now and then, it is a routine procedure. While it is not such a good thing for you, you can't do much, unfortunately, but wait.

I am sorry for your situation. Good Luck!

sg-rg2
==============

gingihi,

The circumstance of the case you refer from Shusterman is different than this type of transfers. In that type of case you loose your GC if it is not done by a specific time. That is not the case for Employment-based 485 cases.

sg-rg2
 
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sg_rg2

It will not hurt going to your local office after a month of the transfer of your case. Explain your situation. The officer will help you.

My case was transfered Sept. 6. In October and November, I went to my USCIS local office 6 times (10hrs per trip) I was in a similar situation but my case was approve today. Do not be worried. All will be well!
 
Hi Okun,

What was your 485 receipt and notice date and in which local office your case was transferred?

Is your case approved immidiately after the interview or it took couple of days?
 
Last edited by a moderator:
Is your case approved immidiately after the interview or it took couple of days?

Response:
Immediately but had to take a oath
 
mks_485

When was yours transferred to Atlanta? I know of one forum user whose petition got transferred to Atlanta in 10/2002 and is yet to hear anything about it.
 
My case was transferred on Dec 2nd, 2003.

Please let me know how many days it takes to recieve transfer notice receipt from the day case is transferred?
 
Re: mks_485

Originally posted by poongunranar
When was yours transferred to Atlanta? I know of one forum user whose petition got transferred to Atlanta in 10/2002 and is yet to hear anything about it.
Click to expand...

poongunranar , do u know what was this forum user's ND/RD ?
 
My case is transferred to Miami office on December 15, 2003. I'm frustrated like you are on your case and agree with you that TSC should have adjudicated our cases, not transfer them. However, I'm hopeful that this may be good thing. I checked Miami district office processing times and they indicate I485 Oct 03, 2002. So my case should receive higher priority there as my ND is all the way back in aug 2001. I'm here in Tampa, FL, still TSC did not transfer my case to Tampa (working on Jan 2001) or Orlando district office (working on Feb 2001), and rather they transfer to Miami so that my case is process sooner than later, I think. So, be optimistic.

RD = May 31, 2001
ND = Aug 23, 2001
FP = Dec 20, 2002
EB3
 
Hi Saprano,

Thanks for your posting.

Please let me know what does the on-line status says about your transfer.
Does it talk about scheduling an interview or not?
My transfer message no-where says that interview will be scheduled.
 
No problem. Here it is.

On December 15, 2003, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in MIAMI, FL for processing. Our office in MIAMI, FL will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office. Please call the National Customer Service Center at (800) 375-5283 to receive information about local office processing times.
 
same situation diferent message

i was transferred to miami , i am from tampa. my message said this is to advise you that in order to speed processing we have transferred the above case to the following ins office for processing :MIAMI "" That office will notify you of the decission made on the application or petition.Any further inquiries should be made to that office.
 
Another Miami Transfer

My case is NIW with I485 receipt date in September 2001. My case get transfered to Miami in April 2003, the on-line message still says that the finger print was received, and I never received the transfer notice from TSC, but my lawyer received one. I don't have the transfer notice with me now, but I remember it did said that I need to wait for the Miami INS to schedule an interview. Because I moved in November, in order to make sure my lawyer updated my new address with Miami INS (sometimes I don't trust him), I scheduled an apporintment on 11/26/2003 (the day before Thanksgiving) to check my case stutus through Miami INS's website, I went there at 11:00 AM on that day, and told them that my I-485 receipt date is in 2001, and they are now processing October 2002, and I had been waiting for more than 6 months after the transfer, when are they going to schedule my interview. The lady told me that it will take 1 year to 1.5 year after the transfer to schedule an interview, so I had to wait, but she said she will put a note on the computer about my query. About the address change, she said she can not check if it's changed or not through the computer, because they only attach the change notice to the physical file, and it would not be entered into the computer. I was very upset about that.
Guess what? I received the interview notice form Miami INS the week after Thanksgiving, they still sent it to the old address, fortunately the post office forwarded it to my new address. The interview date is 1/13/2004, I am happy about it, my lawyer told me not to worry about it, it should be simple, since I am still working on the same research grant which I used to apply NIW. I hope this information helps.
 
Hi maomao88,

Thanks for posting your information and
congratulations on getting the interview letter.

Please update us when you are done with your interview.
 
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