DV2008--AOS only
- Thread starter ruxy
- Start date
Maybe you should get a lawyer. All the offices are processing AOS w/ the priority date June/July. But as we saw on this forum people got already their green-cards and invitations to the interview based on DV application even if they had the priority date Oct, Nov, Dec. I think it depends a lot on the local office. Now I'm a little beat worried about myself.
Getting a lawyer might help you...
Leny
Getting a lawyer might help you...
Leny
niko_france
Registered Users (C)
Hello Savy17.
Same here. I did mail my package on Nov 1st. My local office is NYC, I don't know if that matters.
Still didn't get the interview letter. A friend of mine, with pretty much the same situation as me in the same office was able to file on Oct 1st. He got his interview, and is waiting for the FBI check. He got is interview letter beginning of Dec. Starting to be worried here ...
Niko
Same here. I did mail my package on Nov 1st. My local office is NYC, I don't know if that matters.
Still didn't get the interview letter. A friend of mine, with pretty much the same situation as me in the same office was able to file on Oct 1st. He got his interview, and is waiting for the FBI check. He got is interview letter beginning of Dec. Starting to be worried here ...
Niko
niko_france
Registered Users (C)
Ruxy, is there any indication as of what are the "fast" offices vs the "slow" ones ?
Thanks and good luck!
Thanks and good luck!
stressedstudent
Registered Users (C)
Savy - its time to take some serious action. Follow up with the Senator's office first of all, reply and thank them for following it up and express your confusion about the local office response. Note that the office seems inexperienced in the DV lottery which has a sunset provision each year, and all other offices deal with DV winner as they submit their applicaiton. State that the time limit expressed by the local office is applicable to standard AOS applications, and DV is always processed seperatly because of the sunset provision (state that if you are not awarded your greencard by September 30 you will lose your chance). State that at the rate they are processing applications, you will lose your chance, whereas standard AOS applicants are not under these time constraints. Finally, specify that there has been significant recent litigation over this precise issue taken against various USCIS local offices, where the courts are harsly critical of USCIS not taking note of DV cut-offs and the distinction between DV processing and standard AOS processing.
I would also suggest speaking to a good attorney - I can give you a couple of names if you need (you need to be careful, especially with immigration attorney's, some don't know squat). At this stage what you want to ask the attorney is what they can do, if anything, to get you an earlier interview slot given the DV time limit. The hope is, of course, that the attorney has contacts wihtin the office, or can direct a strongly worded letter to the director outlining your situation and potential action that you will take if your case is not handled appropriately. Additionally, I would ask the attorney whether transfering your case to another office is a possibility, and if, so, whether it is worth the "risk" of the file transfer.
Next, I would absolutely find the name of the director of your local office. I would write to him or her and outline the situation much like you did for the Senator (although dropping the litigation information - no one responds well to threats!). In the letter I would include information about USCIS policy on DV processing - this should be readily available on the web, do a google search to identify specific policies and refer to them directly and include a copy.
If you need help with any of this, let me know.
stressedstudent
Registered Users (C)
Hello Savy17.
Same here. I did mail my package on Nov 1st. My local office is NYC, I don't know if that matters.
Still didn't get the interview letter. A friend of mine, with pretty much the same situation as me in the same office was able to file on Oct 1st. He got his interview, and is waiting for the FBI check. He got is interview letter beginning of Dec. Starting to be worried here ...
Niko
Niko - my advice to Savy applies equally to you. You have to be proactive on this.
stressedstudent,
Thanks for the suggestion. In fact as soon as I got the response from senator's office this morning, I replied back and has even mentioned about constraint with dv lottery case in details and how other offices have priotize dealing with dv lottery case even when their regular priority date is June/July. I have requested them to talk to St. Paul office once again regarding this. Hopefully they will do a further inquiry into this.
I had tried finding the name of the director of USCIS local office, St. Paul, MN but couldn't find out. I had tried goggle to find out the same. Do you have any idea how to figure out the same. If you could help with finding out, that would be great.
Regarding considering lawyer at this stage, I guess I would wait for few more days to see the outcome of further inquiry through senator. If this doesn't work out, then probably would have to consider the lawyer. If you could suggest some good lawyer, that would be great. You can send me pm with their name.
Thanks for all the help.
Thanks for the suggestion. In fact as soon as I got the response from senator's office this morning, I replied back and has even mentioned about constraint with dv lottery case in details and how other offices have priotize dealing with dv lottery case even when their regular priority date is June/July. I have requested them to talk to St. Paul office once again regarding this. Hopefully they will do a further inquiry into this.
I had tried finding the name of the director of USCIS local office, St. Paul, MN but couldn't find out. I had tried goggle to find out the same. Do you have any idea how to figure out the same. If you could help with finding out, that would be great.
Regarding considering lawyer at this stage, I guess I would wait for few more days to see the outcome of further inquiry through senator. If this doesn't work out, then probably would have to consider the lawyer. If you could suggest some good lawyer, that would be great. You can send me pm with their name.
Thanks for all the help.
stressedstudent
Registered Users (C)
Savy - will post a more detailed response tonight, but here is a link to a pro bono immigrant legal service in Minesota. They have a free advice line on Friday's from 9am to 3pm, so you can call next week (the phone no is at the bottom of the linked page). Have a look over their site for some info.
http://www.immigrantlawcentermn.org/ilcm.htm
http://www.immigrantlawcentermn.org/ilcm.htm
yeah, thats what i read. Just to be on a safe side, i'll just get a money order. Thanks thou
DOS accepts personal check. I had used the same.
niko_france
Registered Users (C)
Thanks, will take the action tomorrow.
USCIS website says "Current Status: Fingerprint fee accepted; receipt notice mailed and case pending."
I have done Fingerprinting on Dec 18th and didn't get news since then. It looks like they never got tell that I did the FP ... Am I right ? Or is that the status I am supposed to see ?
It still says that my case was last updated on 12/19/2008 so that should be ok ...
Anyway, apparently, my case got transfered to the "NATIONAL BENEFITS CENTER" - Anybody knows what that is ?
In any case, that forum is amazing and so helpful. I have not participated before, but believe, me, I read and learns a lot from you guys
Nico
USCIS website says "Current Status: Fingerprint fee accepted; receipt notice mailed and case pending."
I have done Fingerprinting on Dec 18th and didn't get news since then. It looks like they never got tell that I did the FP ... Am I right ? Or is that the status I am supposed to see ?
It still says that my case was last updated on 12/19/2008 so that should be ok ...
Anyway, apparently, my case got transfered to the "NATIONAL BENEFITS CENTER" - Anybody knows what that is ?
In any case, that forum is amazing and so helpful. I have not participated before, but believe, me, I read and learns a lot from you guys
Nico
Last edited by a moderator:
fjelltronen
Registered Users (C)
Thanks, will take the action tomorrow.
USCIS website says "Current Status: Fingerprint fee accepted; receipt notice mailed and case pending."
I have done Fingerprinting on Dec 18th and didn't get news since then. It looks like they never got tell that I did the FP ... Am I right ? Or is that the status I am supposed to see ?
It still says that my case was last updated on 12/19/2008 so that should be ok ...
Anyway, apparently, my case got transfered to the "NATIONAL BENEFITS CENTER" - Anybody knows what that is ?
In any case, that forum is amazing and so helpful. I have not participated before, but believe, me, I read and learns a lot from you guys
Nico
My USCIS case status is the same (updated the day following my biometrics appointment) ... and I didn't hear anything since then.
I called the KCC and they said they sent my application to the Dallas office on February 4th. I don't know if it means that my AOS application is right now in Dallas. Next week, I'm going to go to local office and ask about my name check.
I sent my application in December and, in theory, there shouldn't be any reasons for me to panic because I didn't receive the interview letter, but when I see that savy has been waiting for +3 months, it just makes me feel so sick and worried.
Update
I still cannot see my case on the USCIS Case Status Website. I called USCIS yesterday and they gave the same response as before 'Data Issues - Dont know whether it can be fixed or not'. They reassured me that the case is being worked and is not 'lost'. I guess I am gonna have to be satisfied with that.
Since the first level service rep was not able to help me because of my weird situation, she transferred me over to an officer. This time around both service reps were very courteous and very helpful. Was extremely amazed! The officer even joked when I said we won the DV lottery.
Anyways, when I explained my situation he said the Milwaukee, WI office was processing cases submitted in July and that it would be a while before they process my case. When I explained to him about our end of Sept deadline, he was a little more forthcoming and actually related with me on the issue to my amazement. He told me that both mine and my wife's background check had been completed and it was good. At least some good news.
When I asked him about who has the authority/responsibility to schedule interviews, he said it was the field offices. To me it seems like offices in bigger cities (my theory is bigger cities translate to bigger offices, more employees, more cases and broader knowledge base) seem to be more aware of the DV situation and are reactive to the special processing needs for DV cases. We know several users in this forum have already had their interviews or have it scheduled already. I looked at the I-485 processing dates for quite a few cities and all of them are around July 07. If these field offices put DV cases under the same category as other cases, we will probably never have our interviews scheduled as those processing dates do not move that fast and the earliest that we could have submitted our applications is Oct 1 07. Shitty Deal and the thing that bugs me is that there is not a whole lot we can do about it.
Anways, I managed to get an infopass (had been trying that for a few days now) today and I will try to see if I can get more information from the field office. I will keep you updated.
Good luck to you all!
I still cannot see my case on the USCIS Case Status Website. I called USCIS yesterday and they gave the same response as before 'Data Issues - Dont know whether it can be fixed or not'. They reassured me that the case is being worked and is not 'lost'. I guess I am gonna have to be satisfied with that.
Since the first level service rep was not able to help me because of my weird situation, she transferred me over to an officer. This time around both service reps were very courteous and very helpful. Was extremely amazed! The officer even joked when I said we won the DV lottery.
Anyways, when I explained my situation he said the Milwaukee, WI office was processing cases submitted in July and that it would be a while before they process my case. When I explained to him about our end of Sept deadline, he was a little more forthcoming and actually related with me on the issue to my amazement. He told me that both mine and my wife's background check had been completed and it was good. At least some good news.
When I asked him about who has the authority/responsibility to schedule interviews, he said it was the field offices. To me it seems like offices in bigger cities (my theory is bigger cities translate to bigger offices, more employees, more cases and broader knowledge base) seem to be more aware of the DV situation and are reactive to the special processing needs for DV cases. We know several users in this forum have already had their interviews or have it scheduled already. I looked at the I-485 processing dates for quite a few cities and all of them are around July 07. If these field offices put DV cases under the same category as other cases, we will probably never have our interviews scheduled as those processing dates do not move that fast and the earliest that we could have submitted our applications is Oct 1 07. Shitty Deal and the thing that bugs me is that there is not a whole lot we can do about it.
Anways, I managed to get an infopass (had been trying that for a few days now) today and I will try to see if I can get more information from the field office. I will keep you updated.
Good luck to you all!
stressedstudent
Registered Users (C)
BN - it sounds like you are in exactly the same situation as Savy. It will be interesting for all of us, and Savy particularly (!) to see what happens at the infopass. It may be that we have to come up with a plan of action for the field offices that are ignoring the DV deadlines.
advwinner08
Registered Users (C)
tp2007,
I think there is no such law suit because USCIS does not have to process DV cases on time. There is no law or ruling that mandates that USCIS has to process DV cases on time. There is only a convention within USCIS (advised by Department of State) to process DV cases without putting them in the queue of other cases. But this does not give any legal right to DV case holders. It is your risk to go through USCIS, and this is why some people prefer CP since CP is believed to be faster.
I think there is no such law suit because USCIS does not have to process DV cases on time. There is no law or ruling that mandates that USCIS has to process DV cases on time. There is only a convention within USCIS (advised by Department of State) to process DV cases without putting them in the queue of other cases. But this does not give any legal right to DV case holders. It is your risk to go through USCIS, and this is why some people prefer CP since CP is believed to be faster.
how do you know that there isn't any law like that. Do u work at USCIS??
chelseaman
New Member
hi
I had my previous I-485 and I-140 denied in Sep-2005.
Appeal was denied too.
while i had motion to reopen pending I did new I-485 for AOS based on DV-2008 winning. while this new I-485 was pending motion granted and petition I-140 denied again. although, I got my employment card and adv.parole approved and had my interview. at the interview everything went well she asked diplomas, incomes and etc. she also asked "have u maintained status?" I said yes, I had pending I-485. she never asked in detail, just wrote down and that's it. told us we will get answer by mail in a month.
she took our I-94 white cards from the passports. (does it tell u anything?)
what do u think my chances are?
M.C.
I had my previous I-485 and I-140 denied in Sep-2005.
Appeal was denied too.
while i had motion to reopen pending I did new I-485 for AOS based on DV-2008 winning. while this new I-485 was pending motion granted and petition I-140 denied again. although, I got my employment card and adv.parole approved and had my interview. at the interview everything went well she asked diplomas, incomes and etc. she also asked "have u maintained status?" I said yes, I had pending I-485. she never asked in detail, just wrote down and that's it. told us we will get answer by mail in a month.
she took our I-94 white cards from the passports. (does it tell u anything?)
what do u think my chances are?
M.C.