New processing times - is the USCIS lying?

[James 2]

Maybe a Federal writ of mandamus is the way to go. By filing such a document in a Federal court it would force the USCIS to make a decision on your pending case provided that a reasonable amount of time has passed.

28 USC § 1361 :

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

.

This doesn't guarantee a yes or no on the case but merely compels the USCIS to make a decision one way or the other.

Sure, but it will take time and money. I would guess you would be approved by the time all the preliminaries are gotten out of the way. And even if you're willing to do it pro se (i.e., not hire an attorney), who wants to pony up the $300 just to file the petition for writ of mandamus in federal court?

[NickD 203]

Strikes against us, only 140K I-751 applications in the USA per year with most not running into difficulties, we are the minority. Already discussed this with my senator as in 1988 was over a reported, and I use the word reported by the INS that many false applications that was around 2 million. Two things were done, much stricter background checking on the initial applications that apparently did work as no longer 2 million applications per year, just 140K, and not all those 2 million applications were just to bring aliens into this country. There is really no need for the I-751 anymore!

Effective action can be of one of two forms, the legally correct way to form a large movement, a lobby if you may, central headquarters, staff, mailings, etc, hardly worth it for, what are we talking here, a hundred, a thousand, maybe 20 thousand people? Have no idea, but certainly not any kind of majority. The crazy way, where an individual depressed by some imposed hardship, gets a gun, goes into a business or federal office, shoots a bunch of innocent people than takes his own life. Certainly not an ideal situation, but has been done that created media attention and laws have been altered. Certainly not my idea of a solution.

Somehow, our government has to realized the sacrifice a person has to make to come to this country, a culture shock, and leaving everything behind, but still left in a limbo state in that everything in their lives was left behind, and when you leave things behind, like a job, possessions, etc., they are no longer there to go back to. Perhaps the reason for the hardship clause on the I-751, already met a person that had to use this. The question of family or friends left behind is solved by having a valid passport to visit them occasionally, with having problems in maintaining a foreign passport while you have given allegiance to a new country is something we didn't consider. And how can the USA government expect a person to give allegiance to this country when they have to depend on their old country for that passport? Forming an allegiance to a new country is tantamount to breaking that allegiance with your old country.

In bringing my wife her we considered the K1 visa that is not only difficult to get, but with a totally stupid time frame, have to get married within 90 days or go back home. Not nearly long enough to plan a wedding let alone to help you decide if that person even wants to stay in this country. Ha, met a couple of people that tried that only to let their marriage end up in a divorce, 90 days is not enough time. Far more important things in a permanent relationship than the USCIS, neither my wife or I wanted our marriage to end up in a divorce and both of us needed that time to decide, that was far and foremost in our minds, than the law. In working closely with our immigration attorney, our best bet was to have her and her daughter come here on a I-94 and extend it if necessary, her daughter at 14 years of age also has a say. But with the I-751 okay to have a divorce provided that divorce was due to abuse and not just to bring that person into this country, try and prove that in court especially in a state where abuse is not even considered a legal reason for a divorce, but then there is the hardship clause that really seems to defeat any logical reasoning for this I-751 burden placed upon us.

What our goals are is to get US citizenship for my wife, that only has two major advantages, the first permitting that person to vote which seems to be the key reason for rushing through these latest 600k, 1.6M or 3M N-400 applications. Ha, voting may be a key issue for some, in my dinky state, the primaries were already determine even before they got here, and the parties concentrate on those big winner take all states so my state never makes a difference in the outcome of the election, even the candidate with the most popular votes loses with our ancient electoral system, but this is a subject for a different discussion.

Key advantage for us is to get that USA passport, so my wife will be free to visit her family, and that cannot be done until this stupid I-751 application is over with, she could have been a US citizen eight months ago by law. This is affecting our family life, and really beginning to tee me off.

One thing the USCIS will never be able to prove, is that I have a long history of marrying immigrants just to bring them into this country, they can dig as deep as they want, I only married one and intend to spend the rest of my life with her, we took our time. What I find disturbing is that the burden of proof is on my shoulders and not theirs, a complete contradiction to what is written in our US Constitution, if they ever took the time to read it. I am on trial here, but my wife has to pay the price, that is not right!

[Illinois77 0]

GC received today ...it took five days !

The good news is :

http://www.nysun.com/article/72897?page_no=2

Good luck everyone !

Holy cow - that's awesome! Congrats!

I just scheduled my next infopass to get my passport stamped before all expires. The saga continues...

[NickD 203]

Claudia (Bogotá, Colombia)

Cool James, we have something in common, my wife is also from Bogotá, Colombia, she was working for Johnson & Johnson, (the BandAid people, but they make more than that), but was transferred to Venezuela. Guess they like to move their people around. Practically all of her family lives in Bogotá and finally got to meet them last June, she has a wonderful family and her nephew took us for a long tour of the city and up that mountain that I can't recall the name of. But do recall it was raining.

Ha, couldn't quite get use to that watchman blowing his whistle all night long and all the people parking their cars inside of their houses was rather new to me. Yes on the inside of their homes right next to the kitchen table, LOL. No heat, no air conditioning, climate was wonderful and literally thousands of little shops. When I commented on that was taken to a mall like place with the bubble packs, but much preferred those little shops.

Wife and mother-in-law were concerned about my urge to wander alone, afraid that I may be kidnapped or something, don't like living in fear, and just had a wonderful time. People are nice as long as you don't pose a threat to them. Can't wait to go back.

James, your wife is very beautiful, but so is mine, worth fighting for. Hope it doesn't turn out to be a ten year Helen of Troy thing, but if that is what it takes....

[Cassie 8]

Somehow, our government has to realized the sacrifice a person has to make to come to this country, a culture shock, and leaving everything behind, but still left in a limbo state in that everything in their lives was left behind, and when you leave things behind, like a job, possessions, etc., they are no longer there to go back to.

To be quite frank with you Nick, the US government doesn't give a flying leap what is sacrificed in coming here. They only care about the fact that we are petitioning for the privilege of coming, staying, and perhaps becoming a citizen here, and whether or not it is a legitimate petition.

[Peter T 0]

Table reformatted, with danutuke's information.

List of I-751 to NSC, ordered by date on NOA, after the last known approval in 2007 (NOA 06-Dec-06)

and before the first known transfer to CSC (NOA 05-Aug-07)

UserName...........Date of I-751.....Date on NOA...Biometrics......Approved.....RFE, Service Request, etc.

haozi101...........11/27/06..........12/06/06......01/03/07........09/14/07.....

Bertrand...........12/19/06..........12/27/06......01/20/07........01/29/08.....N-400

sandeepb...........12/26/06..........01/04/07......02/05/07........--/--/--.....I-551 stamp for 12 months, service request, N-400

coloradogirl.......12/27/06..........01/04/07......01/30/07........--/--/--.....

echostorm..........12/--/06..........01/05/07......02/16/07........--/--/--.....

mew5280(CAPG)......01/06/07..........01/16/07......02/15/07........--/--/--.....I-551 stamp for 6 months, interview scheduled

jennybirgitta......01/13/07..........01/18/07......02/14/07........--/--/--.....service request, congressman, N-400

traversm...........01/14/07..........01/18/07......02/14/07........--/--/--.....

MDandZJ............01/21/07..........01/25/07......02/14/07........--/--/--.....

Ruari..............--/--/--..........01/25/07......02/23/07........--/--/--.....congressman

ron&nadine.........01/07/07..........01/22/07......02/27/07........--/--/--.....

dee................01/25/07..........01/29/07......02/20/07........--/--/--.....

Peter T............01/27/07..........02/01/07......03/09/07........--/--/--.....I-551 stamp for 12 months

drawbridgep........01/11/07..........02/02/07......02/15/07........--/--/--.....I-551 stamp for 12 months

danutuke...........01/29/07..........01/31/07......03/06/07........--/--/--.....I-551 stamp for 2 months, Service Request, N-400

Illinois77.........01/31/07..........02/02/07......03/02/07........--/--/--.....

chus...............01/26/07..........02/03/07......02/23/07........--/--/--.....

STBM04.............01/31/07..........02/05/07......03/02/07........--/--/--.....I-551 stamp for 12 months

ives_damian........01/31/07..........02/06/07......03/12/07........--/--/--.....

winterpassing......02/06/07..........02/12/07......03/09/07........--/--/--.....

MonicaT............02/08/07..........02/14/07......03/10/07........--/--/--.....I-551 stamp for 12 months

iansig40...........02/02/07..........02/16/07......03/23/07........03/17/08.....

grenoble38.........02/01/07..........02/20/07......03/03/07........--/--/--.....I-551 stamp for 12 months

Illinois...........02/19/07..........02/23/07......04/18/07........--/--/--.....I-551 stamp for 12 months

onur ............. 06/26/06..........03/15/07......04/13/07........--/--/--.....

Tammi..............02/23/07..........03/23/07......04/05/07........--/--/--.....

decharte...........02/28/07..........03/26/07......04/10/07........--/--/--.....

ace13..............03/22/07..........03/27/07......04/17/07........--/--/--.....

NickD..............03/27/07..........04/--/07......05/01/07........--/--/--.....congressman

Lyuba..............--/--/--..........04/17/07......05/07/07........--/--/--.....

gyuwono............04/17/07..........04/20/07......05/18/07........--/--/--.....

Kearinne...........04/09/07..........04/30/07......06/02/07........--/--/--.....

charlie & yeng.....4/27/07(resubm.)..05/01/07......06/02/07........--/--/--.....

Frances............04/02/07..........05/05/07......05/24/07........--/--/--.....

Kanadka............05/12/23..........05/23/07......06/11/07........--/--/--.....

Badgerbabe.........05/10/07..........05/24/07......06/11/07........--/--/--.....

debeselizz.........05/24/07..........05/31/07......06/21/07........--/--/--.....

sandy2000..........06/--/07..........06/12/07......07/13/07........--/--/--.....

laura19angel.......--/--/--..........06/15/07......07/13/07........--/--/--.....

pkmk...............06/18/07..........07/02/07......07/13/07........--/--/--.....

wifiman............06/29/07..........08/05/07......08/15/07........08/25/07.....NSC > CSC

NSC claimed accomplishments for processing I-751s:

Posting date......Processing timeframe

12/14/07..........02/09/07

01/15/08..........02/10/07

02/15/08..........07/05/06 (yes, they went backwards)

[deesam 0]

I got my infopass today but was denied with the I-551 extension stamp. The lady said I just have to show the expired green card and the I-751 letter and that I am valid until April 15, 2008. She said if I am planning to leave the country which I intend to do this August that I should come back one month before which would be July and that is the only time she is going to stamp my passport. So I ask her what is going to be my status from April to July 2008, she said it would be pending. I even show her the memo but she refuse to stamp my passport for the reason that its not expired yet.

She also said, that last month they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere so they have to go back and processed those. And that I have to be PATIENT. (Like I am not patient enough). This is sooo frustrating....

Table reformatted, with danutuke's information.

List of I-751 to NSC, ordered by date on NOA, after the last known approval in 2007 (NOA 06-Dec-06)

and before the first known transfer to CSC (NOA 05-Aug-07)

UserName...........Date of I-751.....Date on NOA...Biometrics......Approved.....RFE, Service Request, etc.

haozi101...........11/27/06..........12/06/06......01/03/07........09/14/07.....

Bertrand...........12/19/06..........12/27/06......01/20/07........01/29/08.....N-400

sandeepb...........12/26/06..........01/04/07......02/05/07........--/--/--.....I-551 stamp for 12 months, service request, N-400

coloradogirl.......12/27/06..........01/04/07......01/30/07........--/--/--.....

echostorm..........12/--/06..........01/05/07......02/16/07........--/--/--.....

mew5280(CAPG)......01/06/07..........01/16/07......02/15/07........--/--/--.....I-551 stamp for 6 months, interview scheduled

jennybirgitta......01/13/07..........01/18/07......02/14/07........--/--/--.....service request, congressman, N-400

traversm...........01/14/07..........01/18/07......02/14/07........--/--/--.....

MDandZJ............01/21/07..........01/25/07......02/14/07........--/--/--.....

Ruari..............--/--/--..........01/25/07......02/23/07........--/--/--.....congressman

ron&nadine.........01/07/07..........01/22/07......02/27/07........--/--/--.....

dee................01/25/07..........01/29/07......02/20/07........--/--/--.....

Peter T............01/27/07..........02/01/07......03/09/07........--/--/--.....I-551 stamp for 12 months

drawbridgep........01/11/07..........02/02/07......02/15/07........--/--/--.....I-551 stamp for 12 months

danutuke...........01/29/07..........01/31/07......03/06/07........--/--/--.....I-551 stamp for 2 months, Service Request, N-400

Illinois77.........01/31/07..........02/02/07......03/02/07........--/--/--.....

chus...............01/26/07..........02/03/07......02/23/07........--/--/--.....

STBM04.............01/31/07..........02/05/07......03/02/07........--/--/--.....I-551 stamp for 12 months

ives_damian........01/31/07..........02/06/07......03/12/07........--/--/--.....

winterpassing......02/06/07..........02/12/07......03/09/07........--/--/--.....

MonicaT............02/08/07..........02/14/07......03/10/07........--/--/--.....I-551 stamp for 12 months

iansig40...........02/02/07..........02/16/07......03/23/07........03/17/08.....

grenoble38.........02/01/07..........02/20/07......03/03/07........--/--/--.....I-551 stamp for 12 months

Illinois...........02/19/07..........02/23/07......04/18/07........--/--/--.....I-551 stamp for 12 months

onur ............. 06/26/06..........03/15/07......04/13/07........--/--/--.....

Tammi..............02/23/07..........03/23/07......04/05/07........--/--/--.....

decharte...........02/28/07..........03/26/07......04/10/07........--/--/--.....

ace13..............03/22/07..........03/27/07......04/17/07........--/--/--.....

NickD..............03/27/07..........04/--/07......05/01/07........--/--/--.....congressman

Lyuba..............--/--/--..........04/17/07......05/07/07........--/--/--.....

gyuwono............04/17/07..........04/20/07......05/18/07........--/--/--.....

Kearinne...........04/09/07..........04/30/07......06/02/07........--/--/--.....

charlie & yeng.....4/27/07(resubm.)..05/01/07......06/02/07........--/--/--.....

Frances............04/02/07..........05/05/07......05/24/07........--/--/--.....

Kanadka............05/12/23..........05/23/07......06/11/07........--/--/--.....

Badgerbabe.........05/10/07..........05/24/07......06/11/07........--/--/--.....

debeselizz.........05/24/07..........05/31/07......06/21/07........--/--/--.....

sandy2000..........06/--/07..........06/12/07......07/13/07........--/--/--.....

laura19angel.......--/--/--..........06/15/07......07/13/07........--/--/--.....

pkmk...............06/18/07..........07/02/07......07/13/07........--/--/--.....

wifiman............06/29/07..........08/05/07......08/15/07........08/25/07.....NSC > CSC

NSC claimed accomplishments for processing I-751s:

Posting date......Processing timeframe

12/14/07..........02/09/07

01/15/08..........02/10/07

02/15/08..........07/05/06 (yes, they went backwards)

[Peter T 0]

I got my infopass today but was denied with the I-551 extension stamp. The lady said I just have to show the expired green card and the I-751 letter and that I am valid until April 15, 2008. She said if I am planning to leave the country which I intend to do this August that I should come back one month before which would be July and that is the only time she is going to stamp my passport. So I ask her what is going to be my status from April to July 2008, she said it would be pending. I even show her the memo but she refuse to stamp my passport for the reason that its not expired yet.

I feel your anger:

- They should have given you the I-551 stamp for 12 month. If they don't next time either, demand to speak to a supervisor.

- Your status is NOT "pending" but "permanent legal resident" (until the USCIS adjucates your case, see memo).

- Next time you go, tell them that you are thinking about getting another job (and who doesn't sometimes) and that you need the stamp for starting one.

- The whole thing is only necessary because of the delay the USCIS has generated - they should accomodate you.

I feel your anger.

[NickD 203]

"they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere"

June 2006 infers that infamous date of July 05, 2006 and were processing in January 2007 would be more accurately described as Febuary 10, 2007 in which both dates infer the Nebraska Service Center.

I and one other board member were told by our senator's office all of the I-751 applications were transferred to California with a August 19, 2007 date as of last February 15, 2008, so we were left far back in the dust. So who exactly is telling the truth?

Was advised my attorney to always get the name of the interviewer, did you know that? And did your US citizen go with you? I would never send my wife and daughter alone, just from observations, they tend to walk all over the applicants, a US citizen does make a big difference. And if I have to drive 400 miles just to get a partial stamp, that interviewer would get a mean face our US government taught me how to do. Taught me a couple of other things as well, but will leave it at the mean face.

Instead walk in there with a big smile on my face, hello, my name is NickD, this is my precious wife, Gloria (while giving her a hug, and my step daughter, Jessica, shake hands with the interviewer, then when we sit down, start off by saying, my attorney would like your name for the records, and go from there, that sets the pace.

[MDZJ 0]

Really? My card expires on 4/19/2006, with the one year extension expiring on 4/19/2008. My infoPass appointment will be on 3/28/2008. Does that mean they won't give me that damn I-551 stamp? What the hell? I thought people get the stamp within 30 days before the extension expires. How annoying!!! How dare she implying that you are "IMPATIENT"! Guess if I don't get that stamp on Friday, I will have to go back a second time because I plan to go travel, too, in May. And also why are different USCIS offices giving contradicting information on why the processing dates are going back?!!! IDIOTS!!!

I got my infopass today but was denied with the I-551 extension stamp. The lady said I just have to show the expired green card and the I-751 letter and that I am valid until April 15, 2008. She said if I am planning to leave the country which I intend to do this August that I should come back one month before which would be July and that is the only time she is going to stamp my passport. So I ask her what is going to be my status from April to July 2008, she said it would be pending. I even show her the memo but she refuse to stamp my passport for the reason that its not expired yet.

She also said, that last month they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere so they have to go back and processed those. And that I have to be PATIENT. (Like I am not patient enough). This is sooo frustrating....

[iansig40 1]

"they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere"

June 2006 infers that infamous date of July 05, 2006 and were processing in January 2007 would be more accurately described as Febuary 10, 2007 in which both dates infer the Nebraska Service Center.

I and one other board member were told by our senator's office all of the I-751 applications were transferred to California with a August 19, 2007 date as of last February 15, 2008, so we were left far back in the dust. So who exactly is telling the truth?

Was advised my attorney to always get the name of the interviewer, did you know that? And did your US citizen go with you? I would never send my wife and daughter alone, just from observations, they tend to walk all over the applicants, a US citizen does make a big difference. And if I have to drive 400 miles just to get a partial stamp, that interviewer would get a mean face our US government taught me how to do. Taught me a couple of other things as well, but will leave it at the mean face.

Instead walk in there with a big smile on my face, hello, my name is NickD, this is my precious wife, Gloria (while giving her a hug, and my step daughter, Jessica, shake hands with the interviewer, then when we sit down, start off by saying, my attorney would like your name for the records, and go from there, that sets the pace.

I agree, last time when I called USCIS I asked for the agent ID Number and I told that lady (agent) that the conversation will be recorded .She did not show any kind of opposition to that and she was the one that send a Service Request to Nebraska .She even provided a Case Service Request # and I was told that I should here from them in seven day . Five days later I got he e-mail saying that the GC was ordered

[iansig40 1]

Really? My card expires on 4/19/2006, with the one year extension expiring on 4/19/2008. My infoPass appointment will be on 3/28/2008. Does that mean they won't give me that damn I-551 stamp? What the hell? I thought people get the stamp within 30 days before the extension expires. How annoying!!! How dare she implying that you are "IMPATIENT"! Guess if I don't get that stamp on Friday, I will have to go back a second time because I plan to go travel, too, in May. And also why are different USCIS offices giving contradicting information on why the processing dates are going back?!!! IDIOTS!!!

I got my infopass today but was denied with the I-551 extension stamp. The lady said I just have to show the expired green card and the I-751 letter and that I am valid until April 15, 2008. She said if I am planning to leave the country which I intend to do this August that I should come back one month before which would be July and that is the only time she is going to stamp my passport. So I ask her what is going to be my status from April to July 2008, she said it would be pending. I even show her the memo but she refuse to stamp my passport for the reason that its not expired yet.

She also said, that last month they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere so they have to go back and processed those. And that I have to be PATIENT. (Like I am not patient enough). This is sooo frustrating....

No ,what you have to do is ...don't give them a specific date when you expect to travel but tell them that your job requires a few trips to Canada at the end of the month .They will have to put the stamp in your passport way in advance of those 30 days

Good luck !

[deesam 0]

The infopass office is very close to my workplace, so I am going back next week to try again. I will be more persistent this time. I went there alone, I cannot expect my husband to take a day off just because USCIS cannot get their job done. But I will call the customer rep tomorrow and will try what you did 'iansig40'.

Really? My card expires on 4/19/2006, with the one year extension expiring on 4/19/2008. My infoPass appointment will be on 3/28/2008. Does that mean they won't give me that damn I-551 stamp? What the hell? I thought people get the stamp within 30 days before the extension expires. How annoying!!! How dare she implying that you are "IMPATIENT"! Guess if I don't get that stamp on Friday, I will have to go back a second time because I plan to go travel, too, in May. And also why are different USCIS offices giving contradicting information on why the processing dates are going back?!!! IDIOTS!!!

I got my infopass today but was denied with the I-551 extension stamp. The lady said I just have to show the expired green card and the I-751 letter and that I am valid until April 15, 2008. She said if I am planning to leave the country which I intend to do this August that I should come back one month before which would be July and that is the only time she is going to stamp my passport. So I ask her what is going to be my status from April to July 2008, she said it would be pending. I even show her the memo but she refuse to stamp my passport for the reason that its not expired yet.

She also said, that last month they were processing January 2007 petitions but they found out that some June 2006 petitions was left behind somewhere so they have to go back and processed those. And that I have to be PATIENT. (Like I am not patient enough). This is sooo frustrating....

No ,what you have to do is ...don't give them a specific date when you expect to travel but tell them that your job requires a few trips to Canada at the end of the month .They will have to put the stamp in your passport way in advance of those 30 days

Good luck !

[tammiandtom 0]

Really? My card expires on 4/19/2006, with the one year extension expiring on 4/19/2008. My infoPass appointment will be on 3/28/2008. Does that mean they won't give me that damn I-551 stamp? What the hell? I thought people get the stamp within 30 days before the extension expires. How annoying!!! How dare she implying that you are "IMPATIENT"! Guess if I don't get that stamp on Friday, I will have to go back a second time because I plan to go travel, too, in May. And also why are different USCIS offices giving contradicting information on why the processing dates are going back?!!! IDIOTS!!!

I know someone whose letter expires on May 20th (same as my husbands by chance) and he got his stamp a few weeks ago in Cleveland. So that was well in advance.

[NickD 203]

"Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me.

I lift my lamp beside the golden door."