My husband and I are now both US citizens and we thought that maybe we could finally experience "The American Dream" - but the nightmare continues! In 1998 my husband filed an I-130 application for our daughter (unmarried child of PR), who had aged out while we were waiting for his I-140 petition to be approved. This I-130 petition was finally approved in January 2004. The priority date on this I-130 is May 1998. When the Child Status Protection Act (CSPA) was signed into law, Section 6 provided for the automatic transfer of preference categories when the parent of an unmarried son or daughter naturalizes. This means automatic transfer from second preference to first preference.
On the strength of this, as soon as my husband became a citizen, our daughter filed an I-485 application to adjust status to that of a Permanent Resident. She also filed an application for Work Authorization. Her application was based on the approved I-130 with a priority date of May 1998. According to the Visa Bulletin first preference visa's are available for priority dates prior to 22 Oct. 2000.
Today, three weeks after filing the application, we were stunned to get a Rejection Notice based on her priority date not being current. How can that possibly be right when her priority date is 2 YEARS PRIOR to those being processed and her I-130 has been approved?
All I can think is that the USCIS didn't examine the application fully. We had included copies of all the approval notices, my husband's Certificate of Naturalization and included a detailed cover letter and lists of enclosures and supporting documents. We were even more convinced of the USCIS inattention to detail, when we discovered somebody else's application was mixed in with our daughter's. This person's petition had also been rejected and his check was returned to us!! His papers were all mixed in with our daughter's. So much for confidentiality - wouldn't the newspapers love to get hold of that story! This poor person was rejected because he used a discontinued form. His material also appears to be time sensitive and he must be wondering what has happened to his application. If he calls USCIS they will of course say they have no record of it!
BronzeLady or anyone else - what do we do now? My daughter is fast running out of time (not to mention the other person). My daughter has a job offer which she is going to lose if she doesn't get work authorization soon. The USCIS has never responded to any of our correspondence, the Customer Service Center is useless, so how do we get the USCIS to realize their mistake and review the application? Maybe we should try contacting the newspapers or TV stations. Imagine how many other applications are probably mixed up together. Not good publicity for the USCIS!
You need to contact a congressperson ASAP. They may be able to assist you. They seem to be able to speak directly to the service centers as opposed to that crummy 800#.
Took your advice, but was told by the Sen. office it will take them a few days to get to it as they have so many cases to work on. Have we missed something in calculating our daughter's eligibility for Adjustment of Status as the unmarried daughter of a Citizen (first preference)? 1. I-130 - Filed 1998 (adult child of PR) 2. Priority date May 1998 3. I-130 approved Jan. 2004 4. Father now a Naturalized citizen - 5. CSPA allows for automatic transfer from 2nd preference to 1st preference 6. As per Visa Bulletin - Family 1st Preference visa's are being processed for priority dates prior to Oct 22, 2000 7. Our daughter's priority date is May 1998
So, what is the reason for a rejection based on the priority number not being current?
I am also concerned about the person whose petition was mixed in with our daughter's. We have his rejected application, the rejection notice and his check. His case appears to be very time sensitive. Do I mail his paperwork back to the USCIS who may or may not send it on to him. Or do I try to call him and let him know what has happened and ask if he wants me to mail it directly to him? Am I legally allowed to do this? Either way, the time he has lost could be critical.
How many other applications containing confidential information, are there floating around, mixed in with other petitioners? Do all you people know where your paperwork is?
It is very tempting to contact the press, but I know if I do, the USCIS is bound to be vindictive and will probably make sure my daughter never gets her adjustment of status approved.
Does anyone know of a contact number for the Chicago USCIS office? They are the ones who messed up, and I would like to try and contact them about the petiton mixed up with our papers. I could just mail it back to them, but that lets them off the hook and won't help the person concerned. Doesn't he have a right to know what happened? He could lose his chance to appeal because of the delay. I don't think we have his complete package, so who knows where the rest of it is.
My daughter's application contained our tax records, copies of birth certificates, social security numbers, photos and numerous confidential details. What a gift for anyone planning an identity theft!
I would suggest contacting your local Congressperson as opposed to the Senators office. I am from Indy and when I had a problem with an application I submitted, I tried the senate as well, but they weren't nearly as expediant as the congressperson's office that I spoke with. It may take them a few days to give you an answer....but they seem to get answers that we ordinary citizens can't get through the 800#(trust me, they will give you 7 different answers to the same question, if they can answer you at all). As for the info in your package. I would make copies of the entire package that they sent you as well as the envelope. Fax these copies to your local congressperson with a written explanation of your situation and any time ramifications involved. Keep copies of everything and also sent the package back to the service center with the originals or copies in addition to an inquiry as to why they sent you another persons information and the reason for denying your request and if maybe this could have been done in error. Word your letter as nicely as possible. Then call to follow up with your Congressperson's office after you have faxed them the info. To be totally safe, you may want to go into your local office as well and explain the situation and bring the copies with you there too. I have learned the hard way that it is better to overact and have info in several different places than wait and wait and wait (and with the BCIS, that can be months) for any action you might receive from simply mailing a letter. As for the press, I would only use that as a last resort if you cannot get granted assistance in any other way. You are right and they could be vindictive and state the old stand by of "security reasons"...best to try to handle it diplomatically at first. I hope everything works out for you! Keep us updated on your progress.
I would personnaly take them there to the BCIS office, or send them back by certified mail and keep a copy of the mail.
I would find out the HEAD (see below) of that center and specifically address 'TO THE PERSONAL ATTENTION OF MR MICHAEL COMFORT' because I know that the other person whose papers you received is dying to hear from the office regarding their application.
The big problem with trying to contact the person directly is that you dont know how they would react, and you may end up regretting it.Here in the U.S,please dont try to do something you dont know the outcome,coz it may backfire on you.
There are enough crazy people, and you dont want to learn the hard way.
Below is info from the USCIS website about Illinois Ditrict office, fromhttp://uscis.gov/graphics/fieldoffices/chicago/aboutus.htm#anchor1621545 . ===================================================================
Who Are We? U.S. Citizenship and Immigration Services (USCIS) Overview
District Director: Michael Comfort
Service Area: The Chicago District includes the states of Illinois, Indiana, and Wisconsin. The Chicago Office serves the state of Illinois and the following counties in Northwest Indiana: Lake, Porter, LaPorte and St. Joseph.
Where Are We? Chicago District Office Location: Street Address: Chicago District Office 10 West Jackson Boulevard Chicago, Illinois 60604
Mailing Address: Chicago District Office 10 West Jackson Boulevard Chicago, IL 60604
Chicago Adjudications Office: USCIS Adjudications Office 230 S. Dearborn, 23rd floor Chicago, IL 60604
Chicago Citizenship Office: USCIS Citizenship Office 539 S. LaSalle Chicago, IL 60605
Please note that the entrance to the citizenship office is handicapped accessible by using the ramp at the northeast corner of Harrison Street and LaSalle Street.
How to Find Us: The Chicago District Office is located at the corner of Jackson Boulevard and State Street.
Directions by car: From the Northwest: Kennedy Expressway east (I-90) to Chicago Loop Exit east Jackson Blvd. East to 10 W. Jackson Blvd.
From North: Edens expressway south (I-94 east) to Chicago Loop (I-94 will merge onto the Kennedy Expressway East) Exit east on Jackson Blvd. (Exit 51G) East to 10 W. Jackson Boulevard
From North Lake Shore Drive: Exit West on Monroe Street West to Michigan Avenue Turn left on Michigan Avenue going south Drive one block to Adams Street Turn right on Adams going west to State Street Left turn on State Street going south to Jackson Boulevard
From West: Dwight D. Eisenhower east (I-290 west) to Chicago Loop North on Dearborn Street East on Jackson Boulevard East to 10 W. Jackson Blvd.
From South: Dan Ryan Expressway North (I-94-West) Exit Congress Expressway East North on Dearborn Street East on Jackson Blvd East to 10 W. Jackson
From South Lake Shore Drive: Exit on Balbo Drive West to State Street North on State Street to Jackson Blvd.
Get Directions, Find Maps on the Internet
Parking:
Public parking is available at several facilities in the area. Rates range from $10 to $20 per day.
Indy, thank you for what appears to be sound advice.
BronzeLady, I don't see MSC or NBC at the lower left hand corner of the notice, but the receipt number starts with MSC. The address is Box 805887, Chicago, but the application was sent to Charlotte. The other persons application is also from NC.
That's the MSC. I will try to find out what you need to do to get them to accept the filing. You have to understand the people taking in the applications do not know immigration law and are not allowed to read the information.
Thank you BronzeLady. It is so difficult to know who to contact when there is no access to competent immigration officials. As you have previously confirmed, the customer service number is useless - they have no clue. Can you confirm that my daughter should be eligible for AOS? Adult daughter of citizen, with approved I-130 with a priority date of May 1998. Am I correct in believing that the CSPA provides for the automatic transfer of preference categories when the parent of an unmarried son or daughter naturalizes?
I am also concerned about the person whose application was mixed in with ours. His pages were separated, mixed with ours, and his check stapled to our Rejection Notice! Isn't it a breach of the Privacy Act or something? What do I do with his paperwork? If I return it to the USCIS who knows what will happen to it. Does he have a right to know so that he can follow up? His appeal will probably be denied because the 30 day period will have lapsed.
Absolutely a breach. You can do either one of 2 things: 1) return the information to the applicant directly with a note 2) take it to your local office (if they already have INFOPASS up and running you need to make an appointment first).
BronzeLady, I am correct about my daughter's eligibility for AOS, aren't I?
Maybe I should take yet another day off work to make the long trek to the Charlotte USCIS to see if I can find anyone there who will help. (I can't get a phone number for their office, for love or money.) I could hand in this person's application and try to get an assurance that he won't be penalised for the loss of time. I could then drop him a note advising him of what had happened. At the same time, perhaps I could get the Charlotte office to understand that an error was made with my daughter's application and that they have cost us a month of precious time. Maybe they would agree to review it and issue her work authorization within 3 months of when the application was first submitted. Pipe dreams? What do you think?
BronzeLady, were you able to find out what I would need to do to get Chicago or Charlotte to accept the filing? I called the customer service center yesterday, inspite of previous bad experiences. Got the usual script reader, but when I mentioned "breach of Privacy Act" he quickly transferred me to an immigration officer. The officer strongly recommended I go to the Charlotte office, and insist on seeing a supervisor. He said I should "stick to my guns" and not hand over the other person's application to anyone except a supervisor. He said it would also give us the opportunity to prove that an error had been made in rejecting of my daughter's AOS. He said INFOPASS went on line for Charlotte for the first time yesterday.
The USCIS says on their website that the "Case Status Online" tool is updated everyday. I have checked the receipt number my husband received for his Naturalization application. It still says "Your N400 Application for Naturalization has been received. We will mail you a decision as soon as processing is complete". Well, he was Naturalized over a month ago! Could this be the reason why the USCIS said my daughter's priority date isn't current? Do they just pull up the receipt number and ignore the copies of approval notices, Naturalization Certificate etc. that were included with her application for AOS. How long does it take them to update their files?
I've done all I can on this without the MSC number on the reject notice. If you give me the receipt number on the reject notice (it starts with MSC-04-***-***xx) I can go further. I checked the case status online with another receipt number to make sure that your personal information wouldn't be displayed with this information.....it won't. I would, however be able to get more information from CIS internal systems. The ball is in your court. Whatever you decide to do is okay.
Thanks BronzeLady, for taking the time and trouble. Do you need the full number or just the numbers where you have asterisks? I'll have to get the number when I get home from work. Do you think our local office will be able to do anything when we go there on Friday?
Yes, I need the full number. No, the local office will not be able to resolve it. I just saw an e-mail today indicating that MSC has a mechanism for resolving these issues so they should be sent back by mail (with a copy of the rejection notice) to MSC. I will tell you that so far it doesn't seem that this has helped but with a concrete example (i.e., your case) maybe we can get some action for you.
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