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Our kids have had I-130 (adult children of Permanent Residents) petition's pending in Texas since May 1998. We were notified in October that their cases had been transferred to Nebraska to "speed processing". Nebraska is processing I-130's with receipt dates of April 2001. As this is 3 years past our receipt date of 1998, we took it to mean that their cases would be processed immediately. As we had not heard anything, I called the National Customer Service last week to check on the status. I was told by an immigration officer (rude)that because the cases had been transferred from Texas, the October 2003 transfer date is what will be used for processing (the receipt date). In other words, cases that were filed years after ours will be processed first! Texas is now processing I-130's with a notice date of October 4, 1998. Presumably,if our kids cases had remained in Texas, they would have been processed by now. How could moving them to Nebraska possibly speed processing if they now have to wait an additional 5 years to be processed! Is it possible to get any information on how this could have happened? The immigration officer merely told me to write to Nebraska, but as I have never had a reply to any of my letters to the INS/CIS over the past 6 years, I have no reason to believe that they would respond to me this time.
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Our kids have had I-130 (adult children of Permanent Residents) petition's pending in Texas since May 1998. We were notified in October that their cases had been transferred to Nebraska to "speed processing". Nebraska is processing I-130's with receipt dates of April 2001. As this is 3 years past our receipt date of 1998, we took it to mean that their cases would be processed immediately. As we had not heard anything, I called the National Customer Service last week to check on the status. I was told by an immigration officer (rude)that because the cases had been transferred from Texas, the October 2003 transfer date is what will be used for processing (the receipt date). In other words, cases that were filed years after ours will be processed first! Texas is now processing I-130's with a notice date of October 4, 1998. Presumably,if our kids cases had remained in Texas, they would have been processed by now. How could moving them to Nebraska possibly speed processing if they now have to wait an additional 5 years to be processed! Is it possible to get any information on how this could have happened? The immigration officer merely told me to write to Nebraska, but as I have never had a reply to any of my letters to the INS/CIS over the past 6 years, I have no reason to believe that they would respond to me this time. -
What you all should do file a case against the INS/BCIS, like some of the other members had already taken them to the court of law.
Many times, I have said that their is no system at most of the Government Department.
INS/BCIS will never respond to any of your letters. One of my friend is already consulting an Attorney in this regards.Comment
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PLEASE STOP CALLING THE NATIONAL CUSTOMER SERVICE CENTER AND START CALLING YOUR CONGRESSMEN TO COMPLAIN ABOUT THE NATIONAL CUSTOMER SERVICE CENTER!!!! First off, you did not speak to an Immigration Officer.....you spoke to a contractor who knows as much about CIS as your next-door neighbor. They work off of scripts and FREQUENTLY give the wrong information (see the survey of the NCSC conducted by AILA on www.aila.org). The powers that be in Washington are attempting to phase out the competent people who USED to do this job and have it staffed completely by contractors. Now, back to your situation, the application will NOT be processed by the transfer date. These petitions have not been processed yet because they are not a priority. There is a minimum 6/7 year wait for the priority date to become current for the adult child of an LPR (longer if the child is from Mexico or the Phillipines). What happens is that the service centers process those petitions that confer immediate relative status first (spouse of a USC, minor child of a USC, parent of a USC, etc.) because those are the ones that can be used right away. Your petition cannot so it's not worked on right away. As long as you received your receipt there is no need to be concerned.Comment
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I am in a similar situation with my pending I-130; my LPR spouse filed the petition back in 1999 with TSC, then we relocated to Michigan and the I-130 was transferred to NSC. Although at that time NSC was adjudicating I-130s filed after my priority date, mine got transferred to the Detroit district office! Go figure! The following is from CASE STATUS ONLINE:
"Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN
Current Status:
On September 9, 2002, we transferred your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN to an office in DETROIT, MI for processing. Our office in DETROIT, MI will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office. Please call the National Customer Service Center at (800) 375-5283 to receive information about local office processing times."
Of course talking to national custome service (yeah right) center did not yield any result. Then I tried contacting people at the Detroit office, but to no avail. Then I sent an inquiry letter, no reply to this day. Why would NSC transfer unadjudicated I-130 to the district office is above and beyond my limited understanding of the process. My spouse will become USC sometime this year, and what do I do then? File I-130 again alongside I-485/AOS? Or exhaust all possibilities fishing up the original I-130 that is still pending? So here I am, panting and venting...Comment
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Although I first spoke to a contractor at the National Customer Service, she transferred my call to an immigration officer (or so she said) because she was unable to answer my question. I also asked the "officer" about the Child Status Protection Act as I thought it might apply to our case. My husband's PR was through an employment visa (I-140) and our kids were listed on the original petition. They aged out 3 months before the petition was approved. She was no help whatsoever. We have spoken to a Congress person but although the office is sympathetic they don't seem able to do anything more than e-mailing a standard inquiry to the CIS.
I too don't understand why the I-130's were transferred in the first place, supposedly to speed processing, if no such thing is intended.
My husband & I filed our N-400's almost a year ago, but nothing much seems to be happening with them either.Comment
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Dane, in one of your old posts you had asked about traffic violations.
did you disclose it ?
I am about to fill out N400, I do have 3 speeding tickets. I will be disclosing it.
If you disclosed it, was it on N400 ?
can you give me some details.Comment
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Fairplay,
did you or your spouse have any past traffic tickets ? did you disclose on N400 ?
Any info would be helpful for me, since I will be filing N400 in may 2004.Comment
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No, no traffic tickets.Comment
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Any advice for me?!Comment
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writ of mandamus to force them to adjudicate...Comment
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Y'all legal eagles, in english please! Thanks.Comment
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1. Don't worry.
a. Your petition will be processed according to the original filing date.
b. This is directly from the director.
c. If you are an LPR, don't hold your breath.
2. Don't believe anything you hear from NCSC.
a. They are idiots.
b. In case you missed that, they are idiots.
c. OK, you can believe the things that pop up directly on their computers such as processing dates and file locations. Once you get beyond that, hang up since they are idiots.
d. If you are an employee of the NCSC, it's not your fault if you are under contract. You have been set up for failure, and I apologize for calling you an idiot. If you are in management, you are an idiot. Read the INA and 8 CFR for crine-out-laud.
3. Don't call your congressional representatives to complain about the NCSC.
a. Your congressman either knows they are idiots, but can not do anything about it because a senior member is backing the NCSC.
b. Your congressman is a senior member and the NCSC is providing jobs in his district or providing a nice fat contract to his campaign contributors.
c. Your call will only annoy the staff.
4. Do call your congressional representative...
a. If your receipt date is older than the processing time.
b. If you become a US citizen to get the category of the petition changed.
c. If you have other problems. Real problems, not complaints about how slow Immigration is. See 3. c. above.
5. Other answers
a. The Service Center transfers a percentage of the applications to the District office for quality control. It is not to "speed processing". No one will admit how that got on the notice. (They also transfer cases flagged for fraud.)
b. Traffic tickets do not have to be reported on the N-400 except if you went to jail. Not some offenses involve driving, but are not traffic offenses (DUI, vehicular manslaughter, reckless endangerment, etc.)Comment
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BronzeLady, it appears you were correct about petitions being processed according to the original filing date, even when they are transferred. According to "case status" on the CIS website, our kids I-130 petitions were approved a few days ago.
Not sure if this helps us though. They were filed in 1998 and I think they are only processing I-130's for "unmarried adult children" with a 1995 priority date. Our children were originally listed on my husband's I-140, but aged out 3 months before it was approved - hence the I-130's. Does anyone know if the Child Status Protection Act is retroactive in this type of case?
One of our daughters is currently visiting us on a B2 visa. Now that her I-130 is approved, is it possible for her to apply for change of status and employment authorization?
I'll be very grateful for any constructive assistance.Comment
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