Conversation with my Lawyer

[hurryup 1]

Talked to my lawyer and had a lengthy conversation. Following is a high level summary. Not sure if you will find anything new here, but thought to post anyway. Enjoy!

Q1. How are they processing?

A1. As per their liaison, USCIS is processing based on 'Notice Date' in NOA1 and not 'Received Date' in NOA1 [sarah is right; good analysis!].

Q2. Based on filings from their office, which dates are they processing for I-130 in VSC?

A2. Dec 21, 2007 Notice Date

Q3. For I-129F (K-3)?

A3. Nov 14, 2007 Notice Date

Q4. How is that so many applications filed after me are getting approved?

A4. Not so for this lawyer's clients. It is going in order. There are applications before me waiting to be processed. The lawyer strongly said that there is no way USCIS will go out of order; they cannot because there will be outrage if this happens [right!].

Q5. My colleague at work sitting next to me filed I-130 after me, for his father. He got approved before me. How is this possible?

A5. Father-son relation is different than spouse and they are handled by different people, different line.

Q6. Is VSC only approving I-130 and not K-3?

A6. Yes it seems like, but for some clients, the lawyer is getting both approvals from VSC and there is no consistency. Clients who filed K-3, but got only I-130 are pursing I-130, so the lawyer hasn't really asked their liaison in USCIS regarding the matter. But they agreed that the purpose of K-3 is defeated by only approving I-130; USCIS shouldn't be doing it [duh!].

Q7. How come K-1s filed after me are approved quicker?

A7. They expressed their surprise too. They said spouses must be given priority and didn't know why K-1's are approved so quickly.

Q8. Should I contact my congressman?

A8. I could, but it is a 50-50 chance and sometimes it could backfire. Based on congressional inquiry, they would pull out my file from the current line and it goes to a new line. Sometimes they are not careful and they don't put you back in the same position you were pulled out from. In fact sometimes they put you further back in the line. Of course sometimes they pull out the file and approve it right away. It all depends on who pulls your file.

Q9. Is it possible to know from VSC how many applications are ahead of me?

A9. No.

Q10. Do you think I might have hit a name check?

A10. The lawyer didn't think so, because there are applications in front of me in their office. If I fell behind, then they will take action by reaching out to their contacts in USCIS. There is no way they can help me jump line, but if there was even one case approved that is filed after me, then they have a reason to take it up with USCIS.

Q11. How is their liaison in USCIS different from the USCIS customer service?

A11. It is a real person with whom they can talk with and discuss cases, unlike customer service who have no information, no authority.

[pushbrk 13,084]

Talked to my lawyer and had a lengthy conversation. Following is a high level summary. Not sure if you will find anything new here, but thought to post anyway. Enjoy!

Q1. How are they processing?

A1. As per their liaison, USCIS is processing based on 'Notice Date' in NOA1 and not 'Received Date' in NOA1 [sarah is right; good analysis!].

Q2. Based on filings from their office, which dates are they processing for I-130 in VSC?

A2. Dec 21, 2007 Notice Date

Q3. For I-129F (K-3)?

A3. Nov 14, 2007 Notice Date

Q4. How is that so many applications filed after me are getting approved?

A4. Not so for this lawyer's clients. It is going in order. There are applications before me waiting to be processed. The lawyer strongly said that there is no way USCIS will go out of order; they cannot because there will be outrage if this happens [right!].

Q5. My colleague at work sitting next to me filed I-130 after me, for his father. He got approved before me. How is this possible?

A5. Father-son relation is different than spouse and they are handled by different people, different line.

Q6. Is VSC only approving I-130 and not K-3?

A6. Yes it seems like, but for some clients, the lawyer is getting both approvals from VSC and there is no consistency. Clients who filed K-3, but got only I-130 are pursing I-130, so the lawyer hasn't really asked their liaison in USCIS regarding the matter. But they agreed that the purpose of K-3 is defeated by only approving I-130; USCIS shouldn't be doing it [duh!].

Q7. How come K-1s filed after me are approved quicker?

A7. They expressed their surprise too. They said spouses must be given priority and didn't know why K-1's are approved so quickly.

Q8. Should I contact my congressman?

A8. I could, but it is a 50-50 chance and sometimes it could backfire. Based on congressional inquiry, they would pull out my file from the current line and it goes to a new line. Sometimes they are not careful and they don't put you back in the same position you were pulled out from. In fact sometimes they put you further back in the line. Of course sometimes they pull out the file and approve it right away. It all depends on who pulls your file.

Q9. Is it possible to know from VSC how many applications are ahead of me?

A9. No.

Q10. Do you think I might have hit a name check?

A10. The lawyer didn't think so, because there are applications in front of me in their office. If I fell behind, then they will take action by reaching out to their contacts in USCIS. There is no way they can help me jump line, but if there was even one case approved that is filed after me, then they have a reason to take it up with USCIS.

Q11. How is their liaison in USCIS different from the USCIS customer service?

A11. It is a real person with whom they can talk with and discuss cases, unlike customer service who have no information, no authority.

I think some of this is just blowing smoke and some is ignorance even though most is correct.

USCIS begins adjudicating petitions in order but does not approve them in order. Some get hung up in the process for various reasons. They don't hold everybody else up too. Once a petition is out of the wait stack and begins the adjudication process, it procedes at its own speed through the multiple steps.

Q7 above shouldn't be a surprise. The answer is the same as the one for Q 5.

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

[Ilya R. 0]

interesting,

good info

[bnm 0]

Interesting conversation.

But if he follows the VJ the lawyer will have to reconsider what he said. They are calming u down. Just my thought. Or the satastics from the VJ might not represent well. It might not be scientfic but a clear pattern is seen. You can see blogs of delica and Eresh.

Edited May 6, 2008 by bnm

[Catt 6]

Thanks for sharing, Hurry

This also helps the rest of us "Vermonters".

Cat

[rebeccajo 14]

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

Yes they do have access to individuals at the service center that self-petitioners do not have.

[Ilya R. 0]

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

Yes they do have access to individuals at the service center that self-petitioners do not have.

My buddy is an immigration lawyer, and he has to call the same number I call.

hmmmmmm

[rouguewave 7]

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

Yes they do have access to individuals at the service center that self-petitioners do not have.

I agree with Rebeccajo with a little more specificity. During the processing of my ex-wife's paperwork (AOS) we hired an Immigration Attorney. During periods for extended delays and/or problems, he occasionally referred to discussions he'd had with the AILA liason to USCIS. I was convinced that there was a special person, if not "back door" for AILA members to get information, at least. They probably couldn't speed up the process any, but might get a human to discuss things with.

I also found this link on the AILA website, which would suggest the same thing. http://www.aila.org/content/default.aspx?docid=10309

[Army_Wife 2]

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

Yes they do have access to individuals at the service center that self-petitioners do not have.

My buddy is an immigration lawyer, and he has to call the same number I call.

hmmmmmm

Ilya, there is no way that your buddy would call the same number you call unless he is very new and wet behind the ears.

[LotofPatience 65]

Q's 10 and 11. Your lawyer may have a contact at USCIS that has more access than the misinformation line folks do but there is no "attornies only" phone line to call or trick to use.

Yes they do have access to individuals at the service center that self-petitioners do not have.

My buddy is an immigration lawyer, and he has to call the same number I call.

hmmmmmm

Ilya, there is no way that your buddy would call the same number you call unless he is very new and wet behind the ears.

Ilyaaaaaaa and Sarahhhhhhhhhhhhhhhhhh, Does lawyer or congressperson have diff. lines to contact USCIS ???

[hurryup 1]

As rougewave pointed out above, since our lawyer is a member of AILA, they have access to the USCIS liason.

[LotofPatience 65]

As rougewave pointed out above, since our lawyer is a member of AILA, they have access to the USCIS liason.

Cooooooooooool hurryup !!!

[000 0]

If what your laywer said is true that has to be some of the worst news I have heard in a long time. Makes me sick to my stomach.

[ad345 0]

Can I know the name of your lawyer? Iam expecting NOA2 soon and would like to use his service for the NVC process.

Edited May 6, 2008 by ad345

[rmusic 0]

Thanks hurryup for posting your update that would help other understand which date they go by and which date VSC are processing now. Thanks..