Emergency AP Experience :(

C

caldude

Registered Users (C)
I have seen a lot of questions on Emergency AP on this forum and I want to share my experience at the SAN JOSE office.

My wife had filed for an AP in Aug 2003 and we also applied for a H1 renewal in March 2003 (both are pending)

My wife's Grandfather was seriously ill and we got a Fax from the Hospital in India stating that he is seriously ill and is on life support.

My wife and I went to the SJ Office at around 11.00 and we waited for about 10 minutes outside before we were allowed to go in. Than we went to the first counter and explained the situation to the person there and he gave a ticket for window A.
we waited for about 15 minutes before our number came up and there was this rude guy who treats you like you jumped the fence to get into this country and the kind of questions he was asking made me think he was the one who decides on the EAP. Finally after he asked us all kind of questions ( proof of realtionship? why I was not applying for AP? Why did we not apply for AP earlier? etc etc) he gave us a referal slip and asked us to go to the 2nd floor room# 219 and wait at window #2.
We waited there for about 30 to 45 minutes and another officer who took us to his cabin and explained to us it is not possible to issue an EAP if The original AP is not pending for more than 90 days. Also they will issue EAP only if an immediate relative dies (it has to be either the parent or child of the person applying for EAP) and the EAD would be valid only for 30 days.

What pisses me off is they have so many rules for EAP, maybe next time someone falls ill or is on the deathbed we should request them to hang on till until 90 days after we apply for an AP. Also the officer on the 1st floor could have told us it is not possible to issue an EAP since it is not pending for more than 90 days...end of the story, why grill us with all those questions and give us that attitude

My wife's grandfather died the past weekend and she was not able to go to India.
 
sorry

sorry to hear your story.
I had a similar bad experience at LA office. They just asked us to wait for our AP to get approved. Its been over 4 months now and I've got an RFE on AP after waiting for 4 months.
Its really frustrating.

If one's AP is pending, i dont think one can ever expect to travel outside the country under any circumstances.
 
sorry to hear your experience

sorry to hear your experience with eAP.

Really don't understand their logic on criteria for eAP. So they mean that one can only get eAP and go back after family member dies, not before that. What a sick logic!!!:mad: :mad: :mad:
 
caldude,

So sorry to hear about your wife's grand father's passing away. Our prayers are with you and your family.

This goes further to explain why BCIS officers are probably amongst the most hated government officials. They have no concept of pity, sympathy or understanding of the immigrants plight.

Thank you so much for taking the time to post a very informative post on eAP.
 
Sorry to hear your story, caldude.

I think you still need to get an AP for your wife as soon as possible, right ?
Now, the CSC is processing I-131 filed in May.
It may take another couple of months.

I recommend to contact one of Congressional members with the petition letter.
 
Caldude - sorry to hear

You are right - they treat people like they jumped the fence.

Agree with kashmir - if you are still seething with Anger and see the end of it, may be you could start by writing to a few people.
 
Caldude


I had a different experience, even though the questioning was very tough, but did you ask to speak to the Supervisor. Infact, you still can go and do it now (it may be late from a personal point of view) but speaking to a supervisor, as opposed to an officer makes a huge difference.

Good luck, if you try again
 
sorry to hear

Sorry to hear Caldude about your predicament....

We all understand that these BCIS people come from Ravana's family..... That stupid creature who created that war millions of years ago and poor Sitajee had to give "agneepareeksha" and stay in wilderness for so long....for someones elses misdeeds


Yes they just are a bunch of ruthless rogues who have never experienced such situations in their lifetime.

You know such people will die a horrid death....

:mad:
 
sorry about your experience...

This may be a good media story.....expose the unsympathetic attitude of BCIS officials towards "legal" immigrants. Someone posted earlier that a reporter was looking for a personal experience-the thread even had contact info for the reporter. May i suggest that you try that?
 
Thank You

Thank You all for the concern and advice.

Kashmir,

I just wrote to the senator in California.

Pceefan,

I'll try again later this week, if that does not work we'll have to wait for the H1 extension to come thru. My RD is April 04, so it should be approved any time now.
 
H1 Approved

I just checked my H1 extension status online and I saw this wonderful message:

This case has been approved. On September 30, 2003, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.


It is a big relief, now my wife can travel to India without any problem and re-enter on a h4.
 
Re: H1 Approved

Originally posted by caldude
I just checked my H1 extension status online and I saw this wonderful message:
...
It is a big relief, now my wife can travel to India without any problem and re-enter on a h4.
Click to expand...
Hi, caldude,
Good to hear that your wife can travel...

However, your wife was not able to meet her grandfather while he had been alive due to the USCIS' inhuman decision.

Anyway, it's a good chance for you to appeal to Congressional members what exactly the U.S. government did against your family.
They should never repeat this kind of inhuman actions to us just because we are immigrants.
-kashmir
 
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