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Aguila's Case Update: Back from Newark USCIS

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  • Aguila's Case Update: Back from Newark USCIS

    I went to Newark USCIS today to inquiry about my case and I am glad I did. I had an appointment for 8:00am but was given a number and I was only called by 10:30am. The asian lady that was an immigration officer looked like she did not have a clue about her job since she said I could not travel because I have a waiver case pending (??).

    She could not find in the system my second and waiver filing. She went back and forth running checks on the IBIS system and call me to the window around 3 times. She said that although I have a NOA for the second filing is not showing up, but that the first and joint filing is showing and remains pending. She took my second NOA for the waiver filing and staple it to a referral sheet and send me to the 14th floor to speak to an actually adjudicator. I was sitted in the waiting room where they put couples that are interview either for AOS or for I-751's. After being there for 5 minutes I was called by very young guy and that was very sharply dress. He took me to his office and asked me to sat down. As soon as I was ready, he said: "so Mr. **** why are you here today?" I said: "Well my case is a little complex: I filed a Joint I-751 back in January of 2003, I got divorced in March of this year and immediately thereafter I re-file the I-751 based on waiver grounds. According to the last VSC report, they are working on I-751's from 6/1/04 and mine was received by them on 3/29/04 so I am worried about the status of my case" He listened to me respectfully and made eye contact all the time, he tried to intimidate me with his constant eye contact I guess he wanted to see if I would look down or something but I did not. I also wonder why he asked me why I was there...because he knew everything before I even walked into his office. He said: "Well your case has been here in Newark for quite a while now, it was sent to us based upon your first and joint filing and we had in the queue for an interview. The reason why the second and waiver filing is not showing up in the system is because VSC did not have the file to put it in. Today I will send your file back to VSC and ask them to put your waiver filing inside and have them return the file to Newark to schedule you for the interview. This will take betweeb 6-12 months" I told him that I had an exact copy of my second and waiver filing with me and if he wanted to make copies of it. He said no, but asked me for a copy of my divorce decree so he could attach it to the NOA and to the referral form. I asked him when did Newark got my file from VSC [I was curios to know if they sent it AFTER I filed the waiver, which would be ridiculous but knowing how this agency works...] and he said they the file has been in Newark since the end of May 2004. I was angry inside, asking to myself why did the VSC sent the file to Newark on May knowing that I had-refile and they had received my waiver at the end of March... I felt like asking him that question but since he did not have anything to do with it I kept to me. He gave me a new I-551 stamp valid for a year and assure me I could travel without a problem. I was able to bring my expired conditional green card back with me but they kept the original NOA for the second filing. The frustration will be carry over to 2005 and I might not even hear from the next year but I will be eligible to file N-400 at the beginning of 2006...sometimes I feel that my case will be all resolved then...

    Finally I asked him why I never got a transfer notice from VSC, he said maybe because of the change of address so I made sure they have my current address both Newark and VSC.

    I am glad I went today because otherwise I would be keep waiting and the only thing I was going to get was an interview notice based on the Joint filing.

    Always be proactive when it comes to USCIS, because they could screw your case and they will not be held responsible for it.

  • #2
    I went to Newark USCIS today to inquiry about my case and I am glad I did. I had an appointment for 8:00am but was given a number and I was only called by 10:30am. The asian lady that was an immigration officer looked like she did not have a clue about her job since she said I could not travel because I have a waiver case pending (??).

    She could not find in the system my second and waiver filing. She went back and forth running checks on the IBIS system and call me to the window around 3 times. She said that although I have a NOA for the second filing is not showing up, but that the first and joint filing is showing and remains pending. She took my second NOA for the waiver filing and staple it to a referral sheet and send me to the 14th floor to speak to an actually adjudicator. I was sitted in the waiting room where they put couples that are interview either for AOS or for I-751's. After being there for 5 minutes I was called by very young guy and that was very sharply dress. He took me to his office and asked me to sat down. As soon as I was ready, he said: "so Mr. **** why are you here today?" I said: "Well my case is a little complex: I filed a Joint I-751 back in January of 2003, I got divorced in March of this year and immediately thereafter I re-file the I-751 based on waiver grounds. According to the last VSC report, they are working on I-751's from 6/1/04 and mine was received by them on 3/29/04 so I am worried about the status of my case" He listened to me respectfully and made eye contact all the time, he tried to intimidate me with his constant eye contact I guess he wanted to see if I would look down or something but I did not. I also wonder why he asked me why I was there...because he knew everything before I even walked into his office. He said: "Well your case has been here in Newark for quite a while now, it was sent to us based upon your first and joint filing and we had in the queue for an interview. The reason why the second and waiver filing is not showing up in the system is because VSC did not have the file to put it in. Today I will send your file back to VSC and ask them to put your waiver filing inside and have them return the file to Newark to schedule you for the interview. This will take betweeb 6-12 months" I told him that I had an exact copy of my second and waiver filing with me and if he wanted to make copies of it. He said no, but asked me for a copy of my divorce decree so he could attach it to the NOA and to the referral form. I asked him when did Newark got my file from VSC [I was curios to know if they sent it AFTER I filed the waiver, which would be ridiculous but knowing how this agency works...] and he said they the file has been in Newark since the end of May 2004. I was angry inside, asking to myself why did the VSC sent the file to Newark on May knowing that I had-refile and they had received my waiver at the end of March... I felt like asking him that question but since he did not have anything to do with it I kept to me. He gave me a new I-551 stamp valid for a year and assure me I could travel without a problem. I was able to bring my expired conditional green card back with me but they kept the original NOA for the second filing. The frustration will be carry over to 2005 and I might not even hear from the next year but I will be eligible to file N-400 at the beginning of 2006...sometimes I feel that my case will be all resolved then...

    Finally I asked him why I never got a transfer notice from VSC, he said maybe because of the change of address so I made sure they have my current address both Newark and VSC.

    I am glad I went today because otherwise I would be keep waiting and the only thing I was going to get was an interview notice based on the Joint filing.

    Always be proactive when it comes to USCIS, because they could screw your case and they will not be held responsible for it.

    Comment


    • #3
      Aguila,
      I know it's tough to be in between two chairs. I just want to wish you all the best, I am sure that everything will be sorted out.
      With BCIS all that matters is time/patience, I am learning it myself with my own case. I also believe that, you going to Newark today and actually talking to a DAO will reflect positively when decision-making time will be around the corner.

      Good luck!

      Comment


      • #4
        Kalla,

        Thank you very much for your support. I am a month away of my 2 year anniversary from my first I-751 filing, and hearing today that it could take yet another year is extremely discouraging.

        This pending matter does not only reflect the material side of it, getting full permanent residency, but it means a lot spiritually and emotionally by putting behind my back forever my marriage... this matter is a constant reminder that does not bring pleasant memories.

        It is like a huge stone on my back and I need to get rid of it. I guess will forget about it for now, at least until July or so of next year. By then hopefully customer will be able to reach VSC and I could check then if my file remains there or was sent back to Newark.

        The USCIS people at Newark had nothing to do with it, they never knew about my divorce and I-751 re-filing but I can't say the same about the adjudicators at VSC, it is beyond my understanding how they fowarded my file to Newark in May when they had received at the end of March a new I-751. If they were going to forward it they should have done it based on the merits of the second petition that never made it to the file, I wonder where it is now, where they put it between getting it and fowarding my file to Newark.

        I will start with the regressive counting (just like cisse) to file the N-400, I have 13 months left...

        Comment


        • #5
          Well at least you know that it is somewhere and that you should not have problems with your I-551...

          It would appear that you may have lots of time to prepare for that interview. Perhaps your N-400 will flow nicely thereafter..

          I am still checking the mail and now I'll be moving again. Another round of Ar-11's and so on...

          Take Care,

          ARQU

          Comment


          • #6
            I told that lady on the third floor that I was concerned that I might have missed some correspondence to USCIS due to the fact that I always had a hard time having VSC update my address. She replied: "You are the problem that keep moving and we cannot track you down".

            She was at window # 20.

            The Adjudicator was a bit intimidating, I know he asked me why I was there making eye contact to see which would be my reaction, in fact my english began coming out a little broken but because he doesn't know me under pressure he wouldn't notice that. When I was leaving I gave him my hand for a handshake and I wished him happy holidays, he was not kind enough to wish the same back.

            Comment


            • #7
              IF YOU DON'T LIKE OUR SYSTEM AND OUR ADJUDICATORS THEN GET OUT !!!!



              WHAT ABOUT THE DRUG AND BASKETBALL CRAZED NEGROES?

              Comment


              • #8
                Michael:

                Walking in Newark with a big briefcase that portrayed me as a big business man was not fun...but for your information, the only time I felt I was going to get in trouble and get to use my newly acquired karate skills was with one white guy I came across in Franklin Street. He thought it twice because I look at him straight into his eyes that were saying "don't you try anything"...

                At least I know I won't have to visit that part of Newark anytime soon, however, I love the brazilian side of Newark - ARQU you should definitely try 'The Brazilian Grill" a superb restaurant with the best of brazilian cuisine. Fridays and Saturdays there is a nightclub in the basement which gets pretty fun.

                Comment


                • #9
                  Aguila,
                  Look at the bright side, you found something, I have a friend who filed for the I-485 2 years ago and he doesn't know where his case is!

                  At least you can travel, spend time with your family and friends, try to stay as much as you can.

                  Good luck

                  Comment


                  • #10
                    Can I see the hot Brazilian women too? I hear they love to go to the beach topless!!! Lets go Aguila !!!!! My Amigo !

                    Comment


                    • #11
                      Aguila,

                      It's good that you could know more about your case. I think you should ask a friend to keep checking your mail while you are traveling. If you get any notice from CIS your friend should call you.

                      Here in CA USCIS sends notices two weeks before the interview date. Although they said it will take 6 months, this may not be what will happen.

                      When I travelled last summer, I didn't put my mail on hold, I asked my friend to get my mail every week.

                      It seems that you filed the first I-751 almost at the same time I did, which was at the end of December 2002.

                      I am not sure, but I think I read that we can get the citizenship with I-751 pending. Would they adjudicate everything at the same time?

                      Cheers,

                      Comment


                      • #12
                        JohnDoe:

                        I think it will take at least 6 months, the reason why is because Newark has a lot of pending cases to interview. They had my file there since May and they never sent the interview appointment notice! If my file goes back to VSC and back to them again, it will be put at the end of the queue for interviews!

                        Injoy:

                        I will be spending two weeks with my family. I can't take more days for now. It will be good and will try to enjoy the most!

                        It was good for me to now what was going on with my case, waiting for months and months without answers was driving me crazy. At least now I know what went on... and I can now stop speculating.

                        Michael:

                        Yeah they go to the beach topless! but is winter time I might spend some days in Brazil if I get bored in my home country...

                        Luma:

                        I will have my roomate which is my best friend to keep an eye on my mail.

                        My first I-751 had a receipt date of 1/17/03...almost two years ago.

                        You could still apply for citizenship with I-751 pending but USCIS must FIRST approve the I-751 to grant you citizenship. They could either adjudicate the case before the n-400 interview or they could adjudicate both petitions the same day.

                        Comment

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