NSC lost my file

npnjan02

Registered Users (C)
One thing for sure I conclude over and over: People at USCIS are incompetent and not qualified for their duties. Their process is simplified, timely stretched and still they can't find the pace to fulfill their responsibilities. When things are unusual, they don't know what to do except being rude and /no surprise/ issue and RFE.

My case is one of the many examples. With the help of a Senator, it was communicated to me that NSC doesn't have my original paperwork. They've sent it somewhere, misplaced it, or simply - lost it. They say they can't adjudicate the case without it. I was not given details on what exactly was missing, but on what they currently have - only my I-485 application. Of course I checked the US Consulate overseas, the National Visa Center, and they don't have a record of me.

I was advised that the case can be adjudicated on the bases of the original I-140 approval (I-797), which my attorney possesses. Apparently NSC has another course of action - they are trying to locate the file first. Meanwhile I can only wait.

:mad: :mad: :mad:
 
It's unbelievable but believe it! How sucks they are!

npnjan02,

Hope they could locate your files or your attorney could find some solutions for you.

Best wishes!
 
so sorry to hear that.
did they have no clue that you application was missing when you would call them earlier to check status? this is frustrating. I hope it works out for you.
 
betsy said:
so sorry to hear that.
did they have no clue that you application was missing when you would call them earlier to check status? this is frustrating. I hope it works out for you.

I wasn't able to call them until recently when the processing dates moved to May 31st. And when I did it, they replied "your case processing time has been extended" - the standard message. I don't know if they held my case because paperwork was missing or what, but looking at the LUD it only changed when I updated my address, and when I issued an inquiry.
 
I would suggest that you inform your case to Rajiv. Check if this can be taken up in our ongoing litigation as a proof of USCIS lack of coordination.
 
npnjan02.....

Sorry to hear that. Hopefully, they will approve you case based on your I140. The same thing happened to my cousin about four years back. After five bitter years since filing labor, I140 and I485, NSC finally admitted that they could not locate their file. NSC generated an RFE and asked them to submit employment and educational documents. They also asked them to submit their marriage certificate and other relevant documents. Within weeks their case was approved.

I hope for your approval soon. You had your share of long wait and I hope NSC recognizes the same. My best wishes with you and your family.
 
sorry to hear that. I hope you will get through this soon.

Is there any possibility that NSC lose files for more applications? If a pile of files is missing, chance are more people could become victim. let's hope this is not happening.
 
file lost club

If you have the following on your case ;
1) No update to online status from day1
2) Done FP1, no update to LUD or online status or phone status
3) Did not receive FP2 even after the expiry of FP1
4) Receipt dates near or after yours get approved
5) The officer on phone sounds surprised when you call to ask about your status and no response from NSC to repeated reminders
Then gentlemen, welcome to the 'FILE LOST CLUB' . My case fulfills all the above criteria and have decided that it is time to 'give up'

I485 RD nov 2002
 
npnjan2002,

I guess, your salary are much higher than the farmer who is processing your case, I think he got angry, frustrated and felt how come in the earth an indian or chinees guy can get 5 times what I get, I will distroy his life... :mad:

I think thats what happened :D ...be sure your new file not to go to the same farmer...
 
npnjan02 , put your information in Vermont service center forum,

that is very active forum, may be you will get some valuable information there.
 
Thank you everybody for your support and suggestions!

I am twisted myself and don't know what exactly is going on. I have heard of "lost" cases in a previous occasion. They can't really lose it, but what they do is they transfer the paperwork somewhere else. In my case they started checking with the National Visa Center and the US Consulate. I suspect that they also may put the paperwork in a closed cases "shelf", this way they will never find it.

What I've done so far about this:

1. Have contacted the US Consulate and National Visa Center and they don't have a record of me.
2. Have asked the Chicago local office, and they say the case is with Nebraska.
3. Have contacted an alternative Senator just to see if they will have the same response.

What is frustrating here is that I haven't heard from CIS for so long, and I don't know what exactly is the case, and how I can help, RFE reply, whatever.

Most of all, I don't want to speculate further, I secretly believe that the papers are NOT really lost, but maybe the neighbor IO/cube mate has them and they will be looked at shortly.

There's too many factors here and I can't really blame NSC, could be just my attorney that misspelled something... who knows!
 
npnjan02 said:
Thank you everybody for your support and suggestions!

I am twisted myself and don't know what exactly is going on. I have heard of "lost" cases in a previous occasion. They can't really lose it, but what they do is they transfer the paperwork somewhere else. In my case they started checking with the National Visa Center and the US Consulate. I suspect that they also may put the paperwork in a closed cases "shelf", this way they will never find it.

What I've done so far about this:

1. Have contacted the US Consulate and National Visa Center and they don't have a record of me.
2. Have asked the Chicago local office, and they say the case is with Nebraska.
3. Have contacted an alternative Senator just to see if they will have the same response.

What is frustrating here is that I haven't heard from CIS for so long, and I don't know what exactly is the case, and how I can help, RFE reply, whatever.

Most of all, I don't want to speculate further, I secretly believe that the papers are NOT really lost, but maybe the neighbor IO/cube mate has them and they will be looked at shortly.

There's too many factors here and I can't really blame NSC, could be just my attorney that misspelled something... who knows!

npnjan02,
Since they lost your file and you don't know what is missing, do you think you can ask your lawyer to send a photocopy of all the documents that he sent out to NSC for the application? (If he make copies). I don't know how well this will work but worth a try.
 
Possible. Except they haven't asked me for anything - no RFE so far. As I said earlier, according to the US Consulate they can adjudicate the case based on the I-797 original notice only!.
 
Forgot to include - I will never send them the original, and it is not in my possesion. My attorney wouldn't either, nor he would send any papers that NSC hasn't asked for. On top, lawyers don't like it when you work with Senators etc.
 
npnjan02,
Very sorry to hear this bad news. Per my knowledge, there is electronics file of every case besides the paper file, after the data is entered in the data base (it's usually entered in the very begining), it can be reviewed at any stage. It may also contains all the security check records which I believe it's the key for your case approval. Do you know if USCIS has that file or not? What did USCIS or the senator tell you exactly so far? What's the USCIS or senator's action list?
Also have you ever received any FP requests?
Hang in there, you will get through this.
SS_01
 
Just some words of support

npnjan02,
Not sure if I have any different suggestions for your problem. But if I put myself in your shoes, I can sense the immense frustration you feel. I do hope things work out for you.
Write to any and all senators and congressman and try pursuing that route. They are a good source of help. Regarding your lawyer not liking the fact that you touch base with congressmen, it might be a better strategy to let go of him and get a lawyer who is willing to work with you more proactively in this area. Afterall, NSC is supposed to be working on post-May 02 cases as per their website and it is the lawyer's duty to pursue your case vigorously now that the deadline is past your RD/ND.
Easier said than done given the time and expenses involved, but this might be something worth considering at this point.
Again, do hope things work out for you.

Regards.
 
No need to worry..

npnjan02,

No need to worry, but you need to be prepared to fight back with all your documents. Don't give up.

Good Luck !

.........................
Every thing is possible with CIS(INS)...


The INS Black Hole Legends Are True

Wow. I'm still speechless and left trying to even fathom this one.

Ten years from now this may be regarded as an urban legend, but...

The official story is that a couple INS managers lost it one day and started having incoming INS mail professionally shredded because there was just too much of it. (A new variation on going postal!)


I.N.S. Shredder Ended WorkBacklog, U.S. Says
By John M. Broder for the NY Times.


Tens of thousands of pieces of mail come into the huge Immigration and Naturalization Service data processing center in Laguna Niguel, Calif., every day, and as at so many government agencies, it tends to pile up. One manager there had a system to get rid of the vexing backlog, federal officials say. This week the manager was charged with illegally shredding as many as 90,000 documents.

Among the destroyed papers, federal officials charged, were American and foreign passports, applications for asylum, birth certificates and other documents supporting applications for citizenship, visas and work permits.

The manager, Dawn Randall, 24, was indicted late Wednesday by a federal grand jury, along with a supervisor working under her, Leonel Salazar, 34. They are accused of ordering low-level workers to destroy thousands of documents from last February to April to reduce a growing backlog of unprocessed paperwork...

By the end of March, the backlog had been cut to zero, and Ms. Randall ordered her subordinates to continue destroying incoming paper to keep current, the government says.

"There was no I.N.S. policy that required this, nor was she ordered to do it by any superior, as far as we know," said Greg Staples, the assistant United States attorney handling the case. "The only motive we can think of is just the obvious one of a manager trying to get rid of a nettlesome problem."

Ms. Randall and Mr. Salazar were each charged with conspiracy and five counts of willfully destroying documents filed with the I.N.S. The conspiracy charge carries a maximum penalty of five years in federal prison. Each of the other counts can bring three years in prison.

Their subordinates were not charged because they were low-level workers acting on instructions, the government said.

After the shredding was discovered, the immigration service opened a hotline for people who suspected their paperwork had been destroyed. Agency officials helped petitioners reconstruct their files and gave applicants the benefit of the doubt if they could not replace the documents they had submitted, said Lori Haley, a spokeswoman for the I.N.S.'s western regional office.

She said the agency made an effort last year to publicize the problem and was confident that it had rebuilt most of the lost files. She also said that additional staff members had been hired at the center and that oversight had been tightened...

The four document processing centers are operated under a $325 million contract with JHM Research and Development of Maryland, which in turn subcontracts the operations to two other companies. John Macklin, president of JHM, was unavailable for comment.

Mr. Staples, the federal prosecutor, said the contractors were cooperating with the investigation and would not be charged unless more evidence against them was developed.

"If we had found criminal liability, we would have indicted the companies," he said.

Here is the full text of the article in case the link goes bad:

http://www.nytimes.com/2003/01/31/national/31FILE.html


I.N.S. Shredder Ended WorkBacklog, U.S. Says

By JOHN M. BRODER


OS ANGELES, Jan. 30 — Tens of thousands of pieces of mail come into the huge Immigration and Naturalization Service data processing center in Laguna Niguel, Calif., every day, and as at so many government agencies, it tends to pile up. One manager there had a system to get rid of the vexing backlog, federal officials say. This week the manager was charged with illegally shredding as many as 90,000 documents.

Among the destroyed papers, federal officials charged, were American and foreign passports, applications for asylum, birth certificates and other documents supporting applications for citizenship, visas and work permits.

The manager, Dawn Randall, 24, was indicted late Wednesday by a federal grand jury, along with a supervisor working under her, Leonel Salazar, 34. They are accused of ordering low-level workers to destroy thousands of documents from last February to April to reduce a growing backlog of unprocessed paperwork.

Ms. Randall was the file room manager at the I.N.S. center. Mr. Salazar was her file room supervisor. The Laguna Niguel center handles paperwork for residents ofCalifornia, Arizona, Nevada, Hawaii and Guam and is one of four immigration service centers around the country operated by private contractors under I.N.S. supervision.

According to the federal indictment, Ms. Randall ordered her subordinates last January to count the number of unprocessed papers in the filing center. They reported that about 90,000 documents were waiting to be handled. In February, the government says, she ordered at least five night-shift workers to begin shredding many boxes of papers.

By the end of March, the backlog had been cut to zero, and Ms. Randall ordered her subordinates to continue destroying incoming paper to keep current, the government says.

"There was no I.N.S. policy that required this, nor was she ordered to do it by any superior, as far as we know," said Greg Staples, the assistantUnited States attorney handling the case. "The only motive we can think of is just the obvious one of a manager trying to get rid of a nettlesome problem."

Mr. Staples said one frustrating thing about the case was that most of the evidence had been carted out with the trash and that it was impossible to identify all of the victims.

"It's like a murder case without a body," he said. "We will never really know what was destroyed."

The shredding was discovered in April by an agency supervisor who witnessed what appeared to be unauthorized destruction of documents. The I.N.S. office of internal audit, the Justice Department's inspector general and theUnited States attorney's office for Southern California conducted the investigation that led to this week's indictments.

Ms. Randall and Mr. Salazar were each charged with conspiracy and five counts of willfully destroying documents filed with the I.N.S. The conspiracy charge carries a maximum penalty of five years in federal prison. Each of the other counts can bring three years in prison.

Their subordinates were not charged because they were low-level workers acting on instructions, the government said.

After the shredding was discovered, the immigration service opened a hotline for people who suspected their paperwork had been destroyed. Agency officials helped petitioners reconstruct their files and gave applicants the benefit of the doubt if they could not replace the documents they had submitted, said Lori Haley, a spokeswoman for the I.N.S.'s western regional office.

She said the agency made an effort last year to publicize the problem and was confident that it had rebuilt most of the lost files. She also said that additional staff members had been hired at the center and that oversight had been tightened.

"Monitoring of the activities of the support services contractor has been enhanced at the service center," Ms. Haley said. "All materials to be shredded or destroyed are reviewed first by I.N.S. personnel to make sure that no unauthorized materials are destroyed."

Ms. Randall's lawyer, Joseph G. Cavallo, said today that he had not read the charges and would not comment. He said, however, that Ms. Randall would plead not guilty at her arraignment on Monday. Mr. Salazar's lawyer, Tom Brown, did not return calls seeking comment.

The four document processing centers are operated under a $325 million contract with JHM Research and Development of Maryland, which in turn subcontracts the operations to two other companies. John Macklin, president of JHM, was unavailable for comment.

Mr. Staples, the federal prosecutor, said the contractors were cooperating with the investigation and would not be charged unless more evidence against them was developed.

"If we had found criminal liability, we would have indicted the companies," he said.
Posted by Lisa at January 31, 2003 03:25 PM

arcs said:
npnjan02,
Not sure if I have any different suggestions for your problem. But if I put myself in your shoes, I can sense the immense frustration you feel. I do hope things work out for you.
Write to any and all senators and congressman and try pursuing that route. They are a good source of help. Regarding your lawyer not liking the fact that you touch base with congressmen, it might be a better strategy to let go of him and get a lawyer who is willing to work with you more proactively in this area. Afterall, NSC is supposed to be working on post-May 02 cases as per their website and it is the lawyer's duty to pursue your case vigorously now that the deadline is past your RD/ND.
Easier said than done given the time and expenses involved, but this might be something worth considering at this point.
Again, do hope things work out for you.

Regards.
 
You don't have to wait for them to ask you. I think it's fine you send in photocopies on your own, and they'll just put it in your file folder. But it's important to find out what's missing. I agree you should contact Rajiv. Don't just wait.
 
If you a written conformation of the case being lost, as stated to your senator, you have a powerful tool for filing lawsuit for incompetence and negligence. Who is your senator? Is he a demo or repub?
 
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