Question regarding attempted expedite with USCIS

[RichiJenny 14]

I dont expect you to put your reasons for expediting, as thats personal, and I respect that, but I am intrigued as to the USCIS criteria for Financial expedite. We qualified, my wife made the calls, but I dont know what qualifies the financial aspect, if you dont mind, coudl you let me know the uscis criteria for financial grounds, if you can remember any of them, please.

[RichiJenny 14]

Oh this attorney has offices in NOttingham England as well as Orland and Miami....their website make them out to be saviours....I just think he doesnot give a HOot about our case....

I will not say how angry I am at this situation with our attorney until I have my husband legally in the country...

Basically if you have no aggravating factors in your case, its very easy money for an attorney to charge what they like and have you over a barrell. its wrong. As ive said, many can do this visa without the aid of a lawyer. If you have no problems and have a straight forward case - then Id have a long hard chat with their office.

[RichiJenny 14]

Im aware of your lawyers office if its one of the ones Im thinkin of.

Edited November 17, 2010 by RichiJenny

[pushbrk 12,611]

I dont expect you to put your reasons for expediting, as thats personal, and I respect that, but I am intrigued as to the USCIS criteria for Financial expedite. We qualified, my wife made the calls, but I dont know what qualifies the financial aspect, if you dont mind, coudl you let me know the uscis criteria for financial grounds, if you can remember any of them, please.

Any expedite request will be considered based on the totality of circumstances. Financial is one of them if applicable but seldom will a case be expedited simply because the US Citizen has a financial problem. If the financial problem is connected to the US Citizen's serious medical condition, then it's part of the totality.

The kind of "details" I was thinking of was clarity on who has the problem and the general nature of the problem. An answer like, "I have a serious medical condition and need my foreign spouse to both care for me and support our family." would be details enough. On the other hand, if the answer were something along the lines of, "My foreign husband is sick and lost his job, so WE need him to come here ASAP, so I can take care of him." there would be little chance.

If the attorney is aware of the totality of circumstances and you actually do qualify for an expedite then shame on the attorney. If he's right though and you don't qualify, then he's advised you correctly. Without knowing enough about your circumstances, we simply don't know whether you're wasting your time or the attorney is being lazy, or ignorant.

[Val and Gary 29]

Some 'so called immigration specialists / attorneys' have no knowledge of expedited procedure.

Call the USCIS, put in a service request again, with a level 2. Do not take no for an snswer from the CSR as sometimes they dont want to put you through to a T2 - as I presume that this makes them look like inept idiots who cannot adequately cope with standard USCIS requests.

make a note of every name and agent number you speak to.

You will be given a expedite referral id number unique to your case.

In a day or two if you havent received any paperwork requesting further info re the expedite, email the service center that is dealing with your case. You will be emailed back and also receive a name and fax number to forward your evidence to. I advise also fed ex'ing it too.

The wait then begins, could be a day or two, could be a month at worst. But keep on top of it, and call every so often, dont bother speaking with CSR's when it comes to your Service request. Its a complete waste of time, and more often than not they will give you conflicting info.

IN the E-mail I am sending to the USCIS, how detailed should I get regarding our situation. Should I tell them our hardships or should I just ask if they have gotten our request? NOT sure what to do.....my husband thinks it should be brief and just a request to see if they got the request.

[Paloma&Adam 1]

Thanks for the help!

Yes, it's my wife's psychiatric doctor who is chinese (my wife is the US petitioner). We're already getting a good letter from her bone marrow transplant doctor.

[RichiJenny 14]

IN the E-mail I am sending to the USCIS, how detailed should I get regarding our situation. Should I tell them our hardships or should I just ask if they have gotten our request? NOT sure what to do.....my husband thinks it should be brief and just a request to see if they got the request.

The more detailed the better, in my experience. If you leave it brief, you run the risk of it being declined.

Not sure where it stands after that, if its declined, I dont think you can appeal for 60 days. I MAY be wrong there. Ive read it somewhere, what I do know is I did a lot of research into the expedite procedure before it happened and whilst it was happening. If approved, you will then have to expedite request at the NVC level and Consulate too.

[RichiJenny 14]

Thanks for the help!

Yes, it's my wife's psychiatric doctor who is chinese (my wife is the US petitioner). We're already getting a good letter from her bone marrow transplant doctor.

In my limited experience your case sounds like it is in good stead for an approval. Thats just my opinion, so dont shoot me if Im wrong, but Id be more confident than not.

Ive said a few times Ive spoken to a very good lawyer indeed, who worked for the uscis at the embassy, and he said to me, that in the world of immigration - if you can prove your case is both unique and serious, the better your odds are. I dont think our case sounds as serious as yours could be - and if Id mentioned it to him re your case, I know id have gotten the same answer I had from him, so I shouldnt worry too much. Just remember to keep on top of it. If you let it slide, theres a chance it gets put on the back burner momentarily. Dont let than happen.

My wifes letters were all between 1 and 2 pages per subject matter, and supporting med. docs. we included about six pages.

I do know of a member on here who had a recent expedite approved and his request was 5 lines or 5 sentences from the petitioner and the petitioners specialist, though.

[Val and Gary 29]

The more detailed the better, in my experience. If you leave it brief, you run the risk of it being declined.

Not sure where it stands after that, if its declined, I dont think you can appeal for 60 days. I MAY be wrong there. Ive read it somewhere, what I do know is I did a lot of research into the expedite procedure before it happened and whilst it was happening. If approved, you will then have to expedite request at the NVC level and Consulate too.

OK....THANK YOU SO VERY MUCH ......I"ve sent my detailed E-mail out to USCIS and am crossing everything..lol...I am so prepared to expedite at NVC level and consulate level, you have no idea!! Take care.....

[RichiJenny 14]

Any expedite request will be considered based on the totality of circumstances. Financial is one of them if applicable but seldom will a case be expedited simply because the US Citizen has a financial problem. If the financial problem is connected to the US Citizen's serious medical condition, then it's part of the totality.

The kind of "details" I was thinking of was clarity on who has the problem and the general nature of the problem. An answer like, "I have a serious medical condition and need my foreign spouse to both care for me and support our family." would be details enough. On the other hand, if the answer were something along the lines of, "My foreign husband is sick and lost his job, so WE need him to come here ASAP, so I can take care of him." there would be little chance.

If the attorney is aware of the totality of circumstances and you actually do qualify for an expedite then shame on the attorney. If he's right though and you don't qualify, then he's advised you correctly. Without knowing enough about your circumstances, we simply don't know whether you're wasting your time or the attorney is being lazy, or ignorant.

Agreed. When we expedited, we were 'allowed' or allocated up to 3 categories to add, by the T2. I wouldnt have been confident had it just been financial. I am intrigued as to what the uscis use this factor regarding an expedite, if it is the only given factor and approved.

Ive not heard of specific cases myself that have been expedited due to the predicament of the beneficiary. I imagine the crisis in Haiti may be one consideration, and there may well be others.

[RichiJenny 14]

Getting professional notes isnt easy in my experience, so if you have the chance to get them to print out their requests for all 3 levels, just in case, to save time, that helps matters. AT the NVC level, as soon as you get your case number email the expedite request to the NVC. That will be then forwarded to London for adjudication, if approved, it goes straight to London virtually by-passing the NVC

[Paloma&Adam 1]

Getting professional notes isnt easy in my experience, so if you have the chance to get them to print out their requests for all 3 levels, just in case, to save time, that helps matters. AT the NVC level, as soon as you get your case number email the expedite request to the NVC. That will be then forwarded to London for adjudication, if approved, it goes straight to London virtually by-passing the NVC

So am I right in thinking that if USCIS approves an expedite, once transferred to the NVC we have to request for an expedite there too?

[Val and Gary 29]

So am I right in thinking that if USCIS approves an expedite, once transferred to the NVC we have to request for an expedite there too?

I'm no expert but from everything I"ve read, YES.....you have to expedite at every port of call.....

[Val and Gary 29]

Getting professional notes isnt easy in my experience, so if you have the chance to get them to print out their requests for all 3 levels, just in case, to save time, that helps matters. AT the NVC level, as soon as you get your case number email the expedite request to the NVC. That will be then forwarded to London for adjudication, if approved, it goes straight to London virtually by-passing the NVC

THis is good information to have.....thanks!!! I wonder how many doctors are approached to write a letter to the USCIS and NVC telling them about medical issues so that you can get your spouse into the country....this worries me a bit.....well...everything worries me until it's taken care of and DONE!!

[RichiJenny 14]

Its all relative really, I was referring to the fact the situation we were in, the dr's are extremely busy, so getting info was easy enough, and they were more than willing, but not at the drop of a hat!