Dept Of State send approved i-130 back to uscis

[Callina 1]

Y's_habibitk, to answer your question (sorry for the delay!):

The normal sequence of events after a US citizen files a I-130 form on behalf of a relative requires that USCIS informs the petitioner of any kind of decision that has been made in the case (not to mention, of any supplementary documents the former might have to submit). We simply were not communicated any sort of decision before we got the strange "petition mailed back from the Department of State" e-mail.

USCIS cannot forward files to the Department of State or the National Visa Center prior to making a decision in each case. If you read the Immigration-related information on the websites of the DoS and NVC, you will learn the same thing: USCIS releases the "yay" or "nay"; if their decision is positive, they forward the documents to NVC. I need to emphasize that at that stage or level, the petitions must have already been approved. Denied petitions cannot reach the Department of State or NVC. At the same time, approved petitions cannot be returned to USCIS. All these findings have caused me to conclude that the mysterious e-mails/letters we have recently received are a mistake. Of course, time will solve our situations and clear our worries. Good luck, everyone!

Thanks for letting us know that you also received the letter but can you please explain what research that you found that lead you to believe that is "definitely" a mistake?

I think it probably is as well but Im curious if you found something that I didnt while researching. Like, have you found any other instances of cases that got the letter after their case was already approved,interviewed,approved at the consul then adjusted, GC rec'd ect? like ours...

Edited December 10, 2010 by Callina

[Y's_habibitk 2]

Thanks. I know all of the steps in the process but I think what I was driving at is that our case HAS been approved(at multiple levels) and so it did go to the DOS...

Our situation seems to be the only one(that anyone is posting about) that received the letter where our case in NOT pending approval by USCIS.

Well, its probably the same issue/error that you guys are experiencing too but its a little alarming that our case has been approved, so it "could" be sent back to USCIS from DOS.

Just an FYI, petitions can be sent back by DOS at any stage after approval if they think that USCIS approved in error. Im not sure what you mean by "At the same time, approved petitions cannot be returned to USCIS" Maybe I misunderstood what you meant but just so you know..approved cases are returned all the time to USCIS after they are "denied" at the consulate level. They go to DOS/NVC and then they go back to USCIS for review. That means they were approved by USCIS, cleared NVC and then once interviewed the consul did not issue a visa and they sent it back to DOS with recomendation for review/denial. It then goes to USCIS and you have a chance to "prove your case" again.

Your research and deduction makes sense for you. I get what you are saying about YOUR case because you havent received an approval from the service center yet so it doesnt make sense that your case would have reached NVC or DOS but that doesnt apply to our sitch. I'd love to find someone else who does not have a pending case who recieved the email/NOA

thanks though and good luck!

Y's_habibitk, to answer your question (sorry for the delay!):

The normal sequence of events after a US citizen files a I-130 form on behalf of a relative requires that USCIS informs the petitioner of any kind of decision that has been made in the case (not to mention, of any supplementary documents the former might have to submit). We simply were not communicated any sort of decision before we got the strange "petition mailed back from the Department of State" e-mail.

USCIS cannot forward files to the Department of State or the National Visa Center prior to making a decision in each case. If you read the Immigration-related information on the websites of the DoS and NVC, you will learn the same thing: USCIS releases the "yay" or "nay"; if their decision is positive, they forward the documents to NVC. I need to emphasize that at that stage or level, the petitions must have already been approved. Denied petitions cannot reach the Department of State or NVC. At the same time, approved petitions cannot be returned to USCIS. All these findings have caused me to conclude that the mysterious e-mails/letters we have recently received are a mistake. Of course, time will solve our situations and clear our worries. Good luck, everyone!

[Callina 1]

Yes, that's what I meant when I said USCIS-approved petitions cannot simply be returned by the NVC: they must generally go through the visa interview process and be rejected at that particular stage. This is unless some kind of huge, significant USCIS error causes NVC to ask that those cases be looked into more thoroughly. It could be that TSC did make such a terrible procedure mistake that NVC had to return batches of petitions back to them. We'll see...

I am sorry you are going through a stressful situation. It is frustrating for us, too, not to understand what is happening. Yet, I am convinced we will find out in the following weeks. Best of luck to you, too, and let us keep in touch via this forum. Maybe we can help each other, at least from the perspective of sharing the information we will receive from USCIS. Take care!

Thanks. I know all of the steps in the process but I think what I was driving at is that our case HAS been approved(at multiple levels) and so it did go to the DOS...

Our situation seems to be the only one(that anyone is posting about) that received the letter where our case in NOT pending approval by USCIS.

Well, its probably the same issue/error that you guys are experiencing too but its a little alarming that our case has been approved, so it "could" be sent back to USCIS from DOS.

Just an FYI, petitions can be sent back by DOS at any stage after approval if they think that USCIS approved in error. Im not sure what you mean by "At the same time, approved petitions cannot be returned to USCIS" Maybe I misunderstood what you meant but just so you know..approved cases are returned all the time to USCIS after they are "denied" at the consulate level. They go to DOS/NVC and then they go back to USCIS for review. That means they were approved by USCIS, cleared NVC and then once interviewed the consul did not issue a visa and they sent it back to DOS with recomendation for review/denial. It then goes to USCIS and you have a chance to "prove your case" again.

Your research and deduction makes sense for you. I get what you are saying about YOUR case because you havent received an approval from the service center yet so it doesnt make sense that your case would have reached NVC or DOS but that doesnt apply to our sitch. I'd love to find someone else who does not have a pending case who recieved the email/NOA

thanks though and good luck!

[Callina 1]

While visiting this legal website earlier today, I found some interesting replies to someone who filed a I-130 in August and who, herself, just got that "weird message" from USCIS stating that their petition had been sent back to the respective service center. The case applies to persons with pending I-130 applications. So, the question was: "Why did DoS return the petition to USCIS?" and the answers were:

1. "This occasionally happens with USCIS. They will sometimes mistakenly forward the application to DOS without actually approving it, or with incomplete information. As a result, DOS has to send it back to USCIS for them to fill in the missing information or complete the process on their end. USCIS should finish their part and issue a decision on the I-130 before sending it on to DOS again. Once the I-130 gets to DOS (the National Visa Center), DOS will contact you for the next part of the process." (author: Regina Marie Jefferies)

2. "This is an error on the part of the uscis.

They will have to make a decision on the I-130 petition by either approving or denying the petition.

Hopefully this will be rectified.

Goodluck." (author: Ekaette Patty-Anne Eddings)

I hope the above opinions will make our wait a little less stressful. As for the ones with approved petitions, again, I believe it could be a plain mistake. Good luck, everyone!

[Y's_habibitk 2]

While visiting this legal website earlier today, I found some interesting replies to someone who filed a I-130 in August and who, herself, just got that "weird message" from USCIS stating that their petition had been sent back to the respective service center. The case applies to persons with pending I-130 applications. So, the question was: "Why did DoS return the petition to USCIS?" and the answers were:

1. "This occasionally happens with USCIS. They will sometimes mistakenly forward the application to DOS without actually approving it, or with incomplete information. As a result, DOS has to send it back to USCIS for them to fill in the missing information or complete the process on their end. USCIS should finish their part and issue a decision on the I-130 before sending it on to DOS again. Once the I-130 gets to DOS (the National Visa Center), DOS will contact you for the next part of the process." (author: Regina Marie Jefferies)

2. "This is an error on the part of the uscis.

They will have to make a decision on the I-130 petition by either approving or denying the petition.

Hopefully this will be rectified.

Goodluck." (author: Ekaette Patty-Anne Eddings)

I hope the above opinions will make our wait a little less stressful. As for the ones with approved petitions, again, I believe it could be a plain mistake. Good luck, everyone!

Ya! Hopefully so. I wish you guys a speedy answer!

I believe we got ours...

We got a notice from NVC saying that they received notice that Y became a legal perm resident and as a result they were sending the petition back to DOS's USCIS. Im sure thats what prompted our email/NOA. Its not that they are reviewing it again, but instead NVC sent it back to them since NVC was done with the 130(the AOS was approved).

Good luck you guys who are awaiting approvals

[Callina 1]

Very good news, Y's_habibitk! Congratulations on having regained your peace of mind! We hope to get our answers soon so we can focus on our families this holiday season and not on scary USCIS e-mails. Take care!

I believe we got ours...

We got a notice from NVC saying that they received notice that Y became a legal perm resident and as a result they were sending the petition back to DOS's USCIS. Im sure thats what prompted our email/NOA. Its not that they are reviewing it again, but instead NVC sent it back to them since NVC was done with the 130(the AOS was approved).

Good luck you guys who are awaiting approvals

[Path 2 USA 0]

I also received that weird letter from USCIS about my application has been returned by DOS. After doing some research I contacted USCIS and of course the 1st level customer representative does not have any more information other than what on their website. I was able to get through to a 2nd level of customer representative. She informed me that in the system my application shows as still pending and never been approved by USCIS. All she can do is ask Texas Service Center to send me a letter regarding my recent inquiry. When I told her I have few more question, she said “this is a call center and it’s all the information I have” and she hanged up on me. I am sure the letter I will receive from them is going to be standard letter and it has nothing to do with my recent enquiry.

This is very frustrating. It’s going to be six (6) months since I applied. USCIS processing time is 5 months.

I ask everyone in the same situation as me to call them. Maybe enough people calls we might get an answer from them.

[yaziedandlisa 0]

We have recieved a letter from the DOS says that ;

NVC recievd information from that the beneficiary - me - is now legal permanent resident or citizen of the united states ,

NVC returned the petition - i-130- to the homeland's dept USCIS ,

and that was it !!

i dunno if this was the deal or what!!

well thats our last update,,

thanx everyone and good luck