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Husband's status unknown - entered U.S. on 3/15/72 at age 1 1/2

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  • Husband's status unknown - entered U.S. on 3/15/72 at age 1 1/2

    For two years, my husband has been desparately trying to update his status to permanent resident. His parents brought him to the U.S. when he was 1 1/2 years old and during the late 80's filed paperwork to legalize the entire family. My husband found out two years ago when he lost his social security card and tried to apply to for a replacement, that he is out of status. My husband is 32 years old. We have been married for 12 years and we are just now made aware of his "unknown" status. ???

    During our inquries to the BCIS (f/k/a "INS")District Office, we have found out first hand just how inefficent the BCIS really is. The first inquiry resulted in the wrong application being filed (but did not find out until a year and a half after the application had been filed. Turned out the person responding to our inquiry did not research my husband's file before responding with instructions on how to proceed. After finding out the wrong application had been submitted, the BCIS discovered that there were three separate files on my husband. It took the agency almost six months to consolidate all the files. Now that it s supposedly pieced together, there is a document missing, the I698, which he filed in the late 80's. This is the most crucial document in his file and it cannot be found. The BCIS requested the files of both his parents in the hopes that the form is in one of the two files. The files were requested almost six weeks ago and when I went to inquire about the files, they had the files, but not my husband's file. It had apparently been sent back for refiling. So now I wait, who knows how long, for the BCIS to retrieve my husband's file again. I feel like this matter will never be resolved.

    We have consulted with two different attorneys and they both said it is a "wait and see" issue and that there is nothing they could do to speed up the process. We also asked about starting the process all over and filing to adjust his status based on our marriage since I am a U.S.-born citizen, but we are told "No, let's wait and see what the files contain."

    Is there an intermediatary within the BCIS that can take control and make a decision on the spot? Or do we just sit back and pray that eventually the matter will be resolved. We are fustrated and helpless. Any suggestions out there?

  • #2
    For two years, my husband has been desparately trying to update his status to permanent resident. His parents brought him to the U.S. when he was 1 1/2 years old and during the late 80's filed paperwork to legalize the entire family. My husband found out two years ago when he lost his social security card and tried to apply to for a replacement, that he is out of status. My husband is 32 years old. We have been married for 12 years and we are just now made aware of his "unknown" status. ???

    During our inquries to the BCIS (f/k/a "INS")District Office, we have found out first hand just how inefficent the BCIS really is. The first inquiry resulted in the wrong application being filed (but did not find out until a year and a half after the application had been filed. Turned out the person responding to our inquiry did not research my husband's file before responding with instructions on how to proceed. After finding out the wrong application had been submitted, the BCIS discovered that there were three separate files on my husband. It took the agency almost six months to consolidate all the files. Now that it s supposedly pieced together, there is a document missing, the I698, which he filed in the late 80's. This is the most crucial document in his file and it cannot be found. The BCIS requested the files of both his parents in the hopes that the form is in one of the two files. The files were requested almost six weeks ago and when I went to inquire about the files, they had the files, but not my husband's file. It had apparently been sent back for refiling. So now I wait, who knows how long, for the BCIS to retrieve my husband's file again. I feel like this matter will never be resolved.

    We have consulted with two different attorneys and they both said it is a "wait and see" issue and that there is nothing they could do to speed up the process. We also asked about starting the process all over and filing to adjust his status based on our marriage since I am a U.S.-born citizen, but we are told "No, let's wait and see what the files contain."

    Is there an intermediatary within the BCIS that can take control and make a decision on the spot? Or do we just sit back and pray that eventually the matter will be resolved. We are fustrated and helpless. Any suggestions out there?

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