our case status update - no joy

[Jet]

Well, we gave BCIS the benefit of the doubt and trudged down to Miami once again. Back in January the BCIS website updated it's message to say:

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Fingerprints review completed.

Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you.

According to the Miami case worker we visited last year, this was the final hurdle, all other paperwork was in order and once we got the fingerprint results, the greencard issuance was imminent.

Apparently, this is not the case  . It seems there is yet another "name check" attached to the fingerprint processing which is incomplete, and although the woman refused to give any information regarding who was doing this new name check or why it was now required, it was most certainly being done by an outside agency and therefore was completely out of BCIS control  :burnedup:. Ohh, and her fingerprints expired AGAIN (but we were assured that they would not need to study this set for another 3 1/2 years - woopie!)

As much as I had hoped not to have to do so, we'll be consulting with a highly credentialed immigration attorney later this week...

[Gator]

My sympathy.  Does it ever end?

[catzenmouse]

Jet,

 My sympathies! It seems like the just pick a name out of a hat to screw with. That's the experience we've had so far with Sergei.

 Here's hoping the lawyer can have some positive results for you!

Ken

[ScottinCrimea]

For them it's just paperwork and checklists they are dealing with, not lives.

[MaxxumUSA]

Jet,

Sorry to hear about the delays.  I wonder what could cause such delays.

I am very new to the K-1 process so I don't know as much as others.  Have you tried congressman and senator?  I would exhaust this route before paying an attorney.

Having paid for an attorney for our K-1 I know it was the right course for my case - just in preparation.  But my attornies have little or no power to do anything other than prepare paperwork.

- David

[Jet]

I wonder what could cause such delays.

That's an easy one....INCOMPETENCE!

Have you tried congressman and senator?  I would exhaust this route before paying an attorney.

Yep, long ago found out that in our district they are virtually useless.
We've given them enough chances that the time seems right to proceed with forcing their hand. I expect it will be through a mandamus action in the immigration courts, but we'll see what the attorney says. Meanwhile we'll send off yet another $180 for yet another EAD renewal  .

So as not to scare you new guys, this may actually be a local problem with this particular office. I've been talking to a lot of people who've been processed through Miami on a wide variety of cases and the overwhelming majority have told me it took them between 6 and 11 years to receive their greencards. One of my project managers got his in only 2 1/2 years - but that was during the Carter administration! 

[Bruce]

Jet, as you know I am in a similar boat, albeit with not as long as a wait.  I think at this point you just need to get a good immigration attorney on your side pulling for your case.  It may or may not make a difference but the immigration attorney would give you peace of mind that you left no stone unturned.  It is unfortunate that you'll have to spend the extra dollars but I do not know what else you could try.  I am ready to try the same thing in September.

[Vaughn]

Ohh, and her fingerprints expired AGAIN (but we were assured that they would not need to study this set for another 3 1/2 years - woopie!)

Fingerprints expire? Never heard of this phenomenon....

[Jet]

Fingerprints expire? Never heard of this phenomenon....

Oh yeah man! Fingerprints are only good for 15 months  :selfharm:

[Vaughn]

As if they're going to change? Hilarious. The Miami office makes it
very clear as to why the government is perplexed with the solution
to illegal immigration....

 They cannot even handle the legal caseload. I agree that you and Bruce
have done about all that could be done, except bear arms. Time for
legal representation - BCIS hates that, but they have to pay attention.

Was speaking to a Georgia man yesterday. He reports three failed
attempts in Atlanta's fingerprint office, over several months. They
finally broke out the old ink pad to get past this step.

[William3rd]

Its not that the fingerprints expire, guys. Its the criminal check that the fingerprints trigger that expires. This is really routine stuff.

As I said before, most congressmen and senators are useless in general. Some few are very helpful.

In backlogged offices, USCIS has little to fear since they are going in order-supposedly- and that is fair.

A reasonable time is considered 6 months. If they are beyond that magic time, then mandamus is the proper approach. Remember, it only forces a decision, it does not force an approval.

[Jet]

Its not that the fingerprints expire, guys. Its the criminal check that the fingerprints trigger that expires. This is really routine stuff.

Three sets is routine? 

In backlogged offices, USCIS has little to fear since they are going in order-supposedly- and that is fair.

We are CLEARLY well outside the reported processing times, back logged or not.

If they are beyond that magic time, then mandamus is the proper approach. Remember, it only forces a decision, it does not force an approval.

Clearly understood

I do appreciate your input William, and wanted to exhaust all other possibilities short of waiting it out another 7 years before pursuing a legal remedy, but now it's time to follow the advice you gave me some time ago. We'll consult this attorney who has local knowledge and see what he has to say.

[William3rd]

Go for it. And please post what is the opinion in your area.

It is a Catch 22- they process the finger prints but the petition sits in a box. When they are reading to process, the fingerprints and related check have expired. SO it goes back in the box and new fingerprints are processed. But, by the time they look in the box again, the fingerprints are stale, so they cant process the case.

[catzenmouse]

Our lovely USCIS in action. Because of their misinformation and ineptitude we will end up paying them about 1200 more than we should have for processing just to get our son legal.

And many people wonder why someone would to "postal" on government workers...

Having worked for the Federal Reserve Bank for many years I was privy to seeing how worthless the people who make decisions are. I now thoroughly despise these people and have no sympathy for anything they complain about. Their jobs are not hard and they are not special. They are just lazy and pathetic in how they go about doing them.

Ken

[Bruce]

This is a good link for understanding the process:

http://www.visalaw.com/05feb3/2feb305.html

I assume it is best to find a local attorney who handles these matters who is certified in immigration law as I believe William III has previously recommended.

[William3rd]

doesnt have to be certified in immigration but should have federal practice in law and motion.

Out here the best one has been Robert Reeves and in San Diego it has been Robert Mautino. Both Reeves and Mautino have both.

These gentlemen put the fear of the lord into USCIS and use mandamus as a case management tool and frequently get the attorneys fees paid.

[Wayne B]

Why is the tax returns from e-file ie; turbo-tax good enough for her visa here to the U.S. but not accepted when filing the I-864 

[Jet]

OK, we've been to the lawyer's office 

For background, this is who we saw and a short list of credentials:

Jeffrey N. Brauwerman, formerly United States Immigration Judge, has served as Regional Counsel for the Southern region of the U.S. Immigration and Naturalization Service and Chief Legal Officer for its Miami District office.

He is admitted to practice before United States District Courts, United States Courts of Appeal for the Second, Fifth and Eleventh Circuits and the United States Supreme Court. A member of the Florida and New York Bars, he is Board Certified by the Florida Bar in Immigration and Nationality Law. A member of the American Immigration Lawyers Association, Mr. Brauwerman has served as a member of the Board of Directors of the South Florida Chapter.

He has lectured for the Florida Bar on immigration law and has authored several articles for the Florida Bar Journal and served as Vice-Chair of the first Florida Bar Immigration and Nationality Law Certification Committee, the committee that board certifies attorneys in immigration law. As a recognized expert in immigration law, Mr. Brauwerman has served on liaison panels with government agencies. He is listed in The Best Lawyers in America  , and he was named as one of South Florida's top attorneys in a 2001 survey by Miami Metro Magazine.  Attorney Brauwerman has a Florida Super Lawyers  award. (Super Lawyers are the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics.)

Our meeting with Mr. Brauwerman was short, less than 10 minutes, and he waived the fee once we explained our case and what we'd done so far on our own.
In short, we have *zero* options except to sit and wait. Writs of mandamus are being dismissed, out of hand, at time of filing. The immigration courts are refusing to hear the cases in this area.  Brauwerman has filed one writ of mandamus in the last 12 months, for an N-400 application the had been pending 4 1/2 years (which was ultimately successful). The reason that case gained a favorable decision was due to federal regulations requiring Citizenship petitions to be acted upon with 120 days. There are NO such provisions in adjustment cases, the FBI can take as much time as they feel they might need, and are accountable to no one. Jeff did mention that the FBI does also recognize there is a problem and is planning to *try* to do something about it soon, or so they reported at the AILA conference held in Orlando several weeks ago - I ain't holding my breath, and neither is he, apparently. We were also advised that Miami is notorious for *f--king* with people who visit too frequently and/or generally make pains-in-the-@sses of themselves, and told our bi-annual visits were fine, but don't get any notions of ramping up the frequency of visits to put pressure on them, it won't work.

[Sohkay]

Jet,
Obviously, you're doing everything you can do, including the accumulation of a vast amount of documentation proving your efforts and proving the government's incompetence. Let's hope you'll never need this to defend yourselves, but if you do, you've got your cache.

If in fact you and Lilya have done everything you can do at this point, let me suggest something ridiculously simple. Try and forget about it for awhile. Recognize all that you're blessed with, do something fun...live life. We all know how consuming these types of situations can become.

And remember that things often work out. Answers come, decisions are made, and before you know it, you'll be over this hurdle...and on to the next one!

The best of luck to you and your family.

[William3rd]

Jet-

Try this law office- they say the exact opposite.

www.rreeves.com. Robert Reeves & Associates

or

Carl Shusterman- I dont have his web address handy

[Jet]

Jet-

Try this law office- they say the exact opposite.

www.rreeves.com. Robert Reeves & Associates

or

Carl Shusterman- I dont have his web address handy

I've visited both sites and neither has anything posted to indicate "they say the exact opposite" but I will contact Robert Reeves by phone
 At Shusterman's site I found the info I've attached in a 12 page document here: http://shusterman.com/pdf/aytes122106-fbi.pdf
The attachment is cut/paste excerpts from the link, and It states pretty much what the lawyer we visited this morning said - even if there is a mandamus action filed, they're still going to take their sweet @ss time dealing with it, so in our case a writ of mandamus would literally have no effect on our processing time.

[Bruce]

Wow, sorry to hear the news Jet.  Maybe you'll open your mail box in the near future and something positive will arrive in the mail. 

[Maxx2]

5 years ago Jet and I were sweating the INS/BCIS/USCIS visa freeze of '2002. If there were any justice Lil should be a USC by now.


Maxx

[ScottinCrimea]

and people complain about the lack of justice in the FSU!

[Son of Clyde]

And many people wonder why someone would to "postal" on government workers...

Having worked for the Federal Reserve Bank for many years I was privy to seeing how worthless the people who make decisions are.

A GS-14 manager came out of training 8 weeks after me, threatened to file EEO grievances whenever someone attempted to charge him with an error. Needless to say he intimidated a lot of people. Did shabby work (but never received an error so he looked perfect on paper) and advanced within management to where he is today. I look at him and shake my head in disbelief. Our government at work.