terrible report from USCIS via senator

[ninjarocket 1]

Thanks for the links. On reading stuff relating to Writ of Mandamus, several other steps are required before it will be considered seriously: i.e. one needs to show that one has taken as many as possible reasonable steps to attempt to resolve the matter with USCIS before taking legal action. If there is no response to these steps, then it makes your case much stronger. First I'm going to make an INFOPASS appointment. It seems one can do that if one doesn't hear anything back after submitting service requests after 45 days. I have three that were never responded to. Of course, they are not going to do anything or tell me anything I don't already know, but it's a necessary step to take in order to show that I've taken action. The next thing I will do is write a letter to some prominent person in USCIS enquiring about my case and explain that I need to make such an enquiry before taking legal action. I don't expect to learn anything useful from that either, but at least if they don't respond or respond only with generic mumbo jumbo unspecific to my case, then it will be something more to include in a Writ of Mandamus package, should that be necessary.

you can do it alone for about $385.. something like that.. but I don't want to mess mine up even more, so I got a lawyer (or a group who does just immigration law).. and they have a lot of successful "campaigns" against USCIS.. they charge pretty high though (about $5k, I paid).. but it will be worth it for the peace of mind.. they are real good with their emails and phone calls so far..

www.rreeves.com

a tidbit from them..

"Once we received the above, we will issue the demand letter. The demand letter will instruct CIS to adjudicate your application within 30 days. If no response is received within 30 days, we will prepare to file the mandamus. The government has 60 days from the receiving the lawsuit to file their response. They are entitled to a 30 days extension. Basically it is at least 3-4 months to complete the process. "

My demand letter has expired, and we are preparing the official lawsuit now..

here's a good website if you want to do it yourself..

http://boards.immigrationportal.com/showthread.php?t=216772

other info about writ of mandamus..

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

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

[rebeccajo 14]

............ My personal opinion is that all spouses should be handled in a VWP type process (immediate admission to the USA upon marriage and adjust status after SO is here). We allow millions of people into the USA each year on a VWP without six months of background checks. A spouse is treated like a greater threat than a random individual with the right passport...I don't agree with that logic.

Hope you hear something soon!

John

Those VWP entrants are visitors, not immigrants.

Actually, K-1 to K-4's are non-immigrants. A "VWP type" process would provide a much faster re-union of families. We admit more than 30 million people into the USA every year. Approximately 50,000 of these are K-1 to K-4's. Over 50% (more than 15 million) enter on the VWP. Security decisions on these individuals happen virtually instantaneously (or at least within the time it takes a trans-oceanic flight to get here). My question is: Why is a spouse or child married to an american citizen more of a security risk than the 15 million random visitors admitted without a visa?

http://www.dhs.gov/xlibrary/assets/statist...06/table26d.xls

John

John -

Not to be arrogant, but check my 'join date' and some of my writings - I'm not new to the process and I'm fully aware K visas are technically non-immigrant. However, for all intents and purposes the visa is considered a 'hybrid' by our government because immigrant intent is very likely. There are a few components of adjustment of status that K beneficiaries get to 'skip' due to the method of their US entry.

Visiting is different than immigrating. There's just no way the two are the same and our nation will and should offer a simple means for the citizens of friendly nations to transit our borders. It's good for foreign policy; it's good for trade; and it's good for our economy.

Here's a link to the upcoming ESTA requirement for VWP entrants which relates to security:

http://www.dhs.gov/xnews/releases/pr_1212498415724.shtm

[Thai family 0]

............ My personal opinion is that all spouses should be handled in a VWP type process (immediate admission to the USA upon marriage and adjust status after SO is here). We allow millions of people into the USA each year on a VWP without six months of background checks. A spouse is treated like a greater threat than a random individual with the right passport...I don't agree with that logic.

Hope you hear something soon!

John

Those VWP entrants are visitors, not immigrants.

Actually, K-1 to K-4's are non-immigrants. A "VWP type" process would provide a much faster re-union of families. We admit more than 30 million people into the USA every year. Approximately 50,000 of these are K-1 to K-4's. Over 50% (more than 15 million) enter on the VWP. Security decisions on these individuals happen virtually instantaneously (or at least within the time it takes a trans-oceanic flight to get here). My question is: Why is a spouse or child married to an american citizen more of a security risk than the 15 million random visitors admitted without a visa?

http://www.dhs.gov/xlibrary/assets/statist...06/table26d.xls

John

I have to agree with John here. Spouses of USCs should be in a different category and not held to the extreme bar of proof that many embassies require. The law has to change. Truly upfront processing would also help. My DIL was forced to apply for a K-3 or CR-1 if she wanted to come to this country at all. She doesn't even know if she wants to live here! My son would move back over there in a heartbeat if he could get a decent job and not being stuck with teaching English. His education and background are perfect for working for the Department of State, but he can't do that because he can't get the right security clearance being married to a foreign national - even though she checks out just fine. Thailand has been friends with the US for 175 years. This very intelligent lovely young lady was treated like a liar and a terrorist until proven otherwise. She couldn't come for her own wedding reception because she couldn't prove sufficient ties to Thailand. This is not right. Please, please, please write your congress people.

Thanks,

Thai Mom

John -

Not to be arrogant, but check my 'join date' and some of my writings - I'm not new to the process and I'm fully aware K visas are technically non-immigrant. However, for all intents and purposes the visa is considered a 'hybrid' by our government because immigrant intent is very likely. There are a few components of adjustment of status that K beneficiaries get to 'skip' due to the method of their US entry.

Visiting is different than immigrating. There's just no way the two are the same and our nation will and should offer a simple means for the citizens of friendly nations to transit our borders. It's good for foreign policy; it's good for trade; and it's good for our economy.

Here's a link to the upcoming ESTA requirement for VWP entrants which relates to security:

http://www.dhs.gov/xnews/releases/pr_.shtm

[rebeccajo 14]

Thai Family -

Spouses of USC's are already in a different category of immigrants.

But that doesn't mean you are incorrect in your thinking that the system could indeed improve.

[rin and john 71]

............ My personal opinion is that all spouses should be handled in a VWP type process (immediate admission to the USA upon marriage and adjust status after SO is here). We allow millions of people into the USA each year on a VWP without six months of background checks. A spouse is treated like a greater threat than a random individual with the right passport...I don't agree with that logic.

Hope you hear something soon!

John

Those VWP entrants are visitors, not immigrants.

Actually, K-1 to K-4's are non-immigrants. A "VWP type" process would provide a much faster re-union of families. We admit more than 30 million people into the USA every year. Approximately 50,000 of these are K-1 to K-4's. Over 50% (more than 15 million) enter on the VWP. Security decisions on these individuals happen virtually instantaneously (or at least within the time it takes a trans-oceanic flight to get here). My question is: Why is a spouse or child married to an american citizen more of a security risk than the 15 million random visitors admitted without a visa?

http://www.dhs.gov/xlibrary/assets/statist...06/table26d.xls

John

John -

Not to be arrogant, but check my 'join date' and some of my writings - I'm not new to the process and I'm fully aware K visas are technically non-immigrant. However, for all intents and purposes the visa is considered a 'hybrid' by our government because immigrant intent is very likely. There are a few components of adjustment of status that K beneficiaries get to 'skip' due to the method of their US entry.

Visiting is different than immigrating. There's just no way the two are the same and our nation will and should offer a simple means for the citizens of friendly nations to transit our borders. It's good for foreign policy; it's good for trade; and it's good for our economy.

Here's a link to the upcoming ESTA requirement for VWP entrants which relates to security:

http://www.dhs.gov/xnews/releases/pr_1212498415724.shtm

I don't find you arrogant (at least no more than I am ), most of your posts are informative.

It is very frustrating to see a visitor get a visa in less than two weeks;

http://travel.state.gov/visa/temp/wait/tem...;x=102&y=17

and have a spouse from the same country that takes six months (in my case) to over a year in recent cases. The State Department can issue a tourist or business visa (almost 14 million last year) and provide security checks. Why not do the K1-K4's the same way? Another 50,000 added to the 14 MM is insignificant. It would free up time at USCIS for AOS processing.

Visiting and subsequently applying for AOS is not that different from entering on a non-immigrant visa and applying for AOS (and it is quite common).

If I read it correctly, Table 2 from this report:

http://www.dhs.gov/xlibrary/assets/statist...LPR_FR_2007.pdf

shows 300,000 to 400,000 individuals per year receive LPR status as the spouse or child of a US citizen. If only 50,000 are coming in as K1 to K4, the rest (over 80%) are entering under some other method (either a visa or the VWP). It is a system that is flawed and penalizes those individuals that make up a small minority of cases at both the State Dept and USCIS that play by the rules.

I agree the VWP is good foreign policy, and is good for the economy and trade. It is very "business friendly". We need more "family friendly"

John

[rebeccajo 14]

............ My personal opinion is that all spouses should be handled in a VWP type process (immediate admission to the USA upon marriage and adjust status after SO is here). We allow millions of people into the USA each year on a VWP without six months of background checks. A spouse is treated like a greater threat than a random individual with the right passport...I don't agree with that logic.

Hope you hear something soon!

John

Those VWP entrants are visitors, not immigrants.

Actually, K-1 to K-4's are non-immigrants. A "VWP type" process would provide a much faster re-union of families. We admit more than 30 million people into the USA every year. Approximately 50,000 of these are K-1 to K-4's. Over 50% (more than 15 million) enter on the VWP. Security decisions on these individuals happen virtually instantaneously (or at least within the time it takes a trans-oceanic flight to get here). My question is: Why is a spouse or child married to an american citizen more of a security risk than the 15 million random visitors admitted without a visa?

http://www.dhs.gov/xlibrary/assets/statist...06/table26d.xls

John

John -

Not to be arrogant, but check my 'join date' and some of my writings - I'm not new to the process and I'm fully aware K visas are technically non-immigrant. However, for all intents and purposes the visa is considered a 'hybrid' by our government because immigrant intent is very likely. There are a few components of adjustment of status that K beneficiaries get to 'skip' due to the method of their US entry.

Visiting is different than immigrating. There's just no way the two are the same and our nation will and should offer a simple means for the citizens of friendly nations to transit our borders. It's good for foreign policy; it's good for trade; and it's good for our economy.

Here's a link to the upcoming ESTA requirement for VWP entrants which relates to security:

http://www.dhs.gov/xnews/releases/pr_1212498415724.shtm

I don't find you arrogant (at least no more than I am ), most of your posts are informative.

It is very frustrating to see a visitor get a visa in less than two weeks;

http://travel.state.gov/visa/temp/wait/tem...;x=102&y=17

and have a spouse from the same country that takes six months (in my case) to over a year in recent cases. The State Department can issue a tourist or business visa (almost 14 million last year) and provide security checks. Why not do the K1-K4's the same way? Another 50,000 added to the 14 MM is insignificant. It would free up time at USCIS for AOS processing.

Visiting and subsequently applying for AOS is not that different from entering on a non-immigrant visa and applying for AOS (and it is quite common).

If I read it correctly, Table 2 from this report:

http://www.dhs.gov/xlibrary/assets/statist...LPR_FR_2007.pdf

shows 300,000 to 400,000 individuals per year receive LPR status as the spouse or child of a US citizen. If only 50,000 are coming in as K1 to K4, the rest (over 80%) are entering under some other method (either a visa or the VWP). It is a system that is flawed and penalizes those individuals that make up a small minority of cases at both the State Dept and USCIS that play by the rules.

I agree the VWP is good foreign policy, and is good for the economy and trade. It is very "business friendly". We need more "family friendly"

John

John -

When I refer to AOS being 'different' for K immigrants, I mean USCIS dispenses with a medical exam (if the panel physicians report is less than a year old); producing certain documents again such as divorce decrees; and filing the I130. Yes the procedure is otherwise similar than those adjusting from other visa types, but there are special excemptions for K non-immigrants because USCIS recognizes some work has already been done - hence the 'hybrid' status of these visas and implied immigrant intent.

I agree with you that there is inequity in family processing. But I believe the reason you can't compare processing times is the immigrant intent of K visas. You may disagree and there are valid arguments that visitors can be 'just as dangerous' as a true immigrant, but I think we can expect to see our nation always process 'true' non-immigrant classes somewhat faster than immigrant classes simply because someone who will live here should be more fully vetted than someone visiting. As you can see though from the new ESTA regulations, the background of visitors is not being taken lightly.

True, adjustees for permanent status apply from many visa categories. But that process is the same for them (time-wise) as it is for any K entrant. If you want the advantages of a K visa (speedier reunificaiton than a CR1) then you will enter the same timeline adjustment pool as everyone else adjusting. Again, there is immigrant intent with a K visa - there is no such declared intent with work visas, student visas, etc. You cite your own case and I will now cite ours - my husband's adjustment of status found itself bogged in security checks just the same as any stateside applicant. His application for adjustment was boggled up with 400,000 or so other people caught past 12 months awaiting a decision on his greencard (his case ultimately took 17 months). There was no 'special' category for him as a K entrant, or as a VWP entrant for that matter.

John - why the delay for these visas? Fraud through marriage. That's your bottom line answer. Until that issue goes away you can expect to see longer processing times for those individuals seeking admission to our country via a relationship to a US citizen. Remember there is NO limit to the number of these visas our country will issue - other categories have numerical limits. So if you are looking for the government to balance the scales, they will tell you the equity has already been levied. Since USCIS and DOS will admit as many spouses, fiances and children of these unions as they receive applications for, they have the right to fully inquire as to the validity of those relationships.

On a side note but not an unimportant one - family unity of USC's and foreign spouses isn't the number one goal of DHS. It's national security. That is their mission and the reason the Department was created. Their efforts will always be more focused in that regard.

Edited June 15, 2008 by rebeccajo

[rin and john 71]

John -

When I refer to AOS being 'different' for K immigrants, I mean USCIS dispenses with a medical exam (if the panel physicians report is less than a year old); producing certain documents again such as divorce decrees; and filing the I130. Yes the procedure is otherwise similar than those adjusting from other visa types, but there are special excemptions for K non-immigrants because USCIS recognizes some work has already been done - hence the 'hybrid' status of these visas and implied immigrant intent.

All immigrants eventually have to have a medical, produce the necessary documents, etc (and K-3's do have to file both a I-130 and I-129F). Whether it is prior to getting a visa (as a K visa does) or after arrival in the USA/prior to adjusting status (as other applicants) is immaterial. I would agree that a K visa being a probable immigrant should have a medical and provide the necessary docs (divorce decree, marriage cert, police clearance, etc) prior to getting the visa, but this could be handled at the embassy level.

I agree with you that there is inequity in family processing. But I believe the reason you can't compare processing times is the immigrant intent of K visas. You may disagree and there are valid arguments that visitors can be 'just as dangerous' as a true immigrant, but I think we can expect to see our nation always process 'true' non-immigrant classes somewhat faster than immigrant classes simply because someone who will live here should be more fully vetted than someone visiting. As you can see though from the new ESTA regulations, the background of visitors is not being taken lightly.

I agree that an immigrant should be "fully vetted". But we admit individuals with a tourist or business visa (with some receiving 10 yr visas) and others with a VWP that allows substantial presence in the US with far less security clearance than what is applied to a K visa. I am only suggesting that they be held to the same standard for admission. The security risk would be no different than a 50,000 person increase in the 29 million who currently visit the USA with the security clearance applied to VWP and tourist/business visas. Fully vetting the immigrant would occur during the AOS process. I just cannot accept the security of this country is compromised by admitting K visas within the same guidelines as tourist/business visa holders. Of course, some would still end up with delays just as some tourist/business visas get delayed or denied. But a substantial number of K visas would be cleared at the consulate level and re-unite families much faster than the current process.

True, adjustees for permanent status apply from many visa categories. But that process is the same for them (time-wise) as it is for any K entrant. If you want the advantages of a K visa (speedier reunificaiton than a CR1) then you will enter the same timeline adjustment pool as everyone else adjusting. Again, there is immigrant intent with a K visa - there is no such declared intent with work visas, student visas, etc. You cite your own case and I will now cite ours - my husband's adjustment of status found itself bogged in security checks just the same as any stateside applicant. His application for adjustment was boggled up with 400,000 or so other people caught past 12 months awaiting a decision on his greencard (his case ultimately took 17 months). There was no 'special' category for him as a K entrant, or as a VWP entrant for that matter.

I agree that AOS applicants come from many categories. The significance of the statistics I cited was that roughly 50,000 individuals enter under K visas; over 300,000 apply for AOS as a spouse or child of a USC. The vast majority are not on the same AOS path as most of here on VJ. I don't want the advantages of a K-visa; I want the advantage (quicker entry into USA with comparable security clearance) of the VWP or tourist/business visa.

With regards to your case - At least you were together for those 17 months; my original opinion was on expediting re-unification of families - not on AOS approval. Issuing a GC should take as much time as required to make sure the applicant is "fully vetted".

John - why the delay for these visas? Fraud through marriage. That's your bottom line answer. Until that issue goes away you can expect to see longer processing times for those individuals seeking admission to our country via a relationship to a US citizen. Remember there is NO limit to the number of these visas our country will issue - other categories have numerical limits. So if you are looking for the government to balance the scales, they will tell you the equity has already been levied. Since USCIS and DOS will admit as many spouses, fiances and children of these unions as they receive applications for, they have the right to fully inquire as to the validity of those relationships.

I agree there is fraud through marriage. But again, based on DHS statistics, 50,000 enter on K visas, another 250,000 plus file AOS as a spouse or child having entered the USA not on a K visa. Are you suggesting the 50,000 have a significantly higher fraud rate than the 250,000 plus not on a K-visa?

On a side note but not an unimportant one - family unity of USC's and foreign spouses isn't the number one goal of DHS. It's national security. That is their mission and the reason the Department was created. Their efforts will always be more focused in that regard.

I agree that security is the number one goal of DHS. The thing I don't agree with is that 50,000 receive their full dose of security prior to getting their visa and a significant group (the same 250,000 plus mentioned above) get their's afterwards. By allowing the State dept to "partially vette" K visas in the same manner as tourist and business visas, the DHS's workload would be reduced - freeing up time for conducting the business of national security within our borders.

[pushbrk 12,827]

I agree that security is the number one goal of DHS. The thing I don't agree with is that 50,000 receive their full dose of security prior to getting their visa and a significant group (the same 250,000 plus mentioned above) get their's afterwards. By allowing the State dept to "partially vette" K visas in the same manner as tourist and business visas, the DHS's workload would be reduced - freeing up time for conducting the business of national security within our borders.

I expect this is a pipe dream and if something were to change, it would be adding time and difficulty to visitor visa process. I don't see that happening either though.

I recognize the difficultly and frustration involved because, of course, my family has been through it. However, I've learned in my years that often my agenda isn't the one that best matches the big picture. Bureaucracies change slowly and even more slowly when the change is to add efficiency rather than layers of complication.

[ninjarocket 1]

It would be nice if there was some statistics from others who received similar letters from their senators or congressmen. Are there any out there who received such a notice and an approval shortly thereafter? My suspicion is that in sending such a report they intend for you to wait for a very long time...... months or years, maybe.

[rebeccajo 14]

I agree there is fraud through marriage. But again, based on DHS statistics, 50,000 enter on K visas, another 250,000 plus file AOS as a spouse or child having entered the USA not on a K visa. Are you suggesting the 50,000 have a significantly higher fraud rate than the 250,000 plus not on a K-visa?

Yes of course.

[rin and john 71]

I agree that security is the number one goal of DHS. The thing I don't agree with is that 50,000 receive their full dose of security prior to getting their visa and a significant group (the same 250,000 plus mentioned above) get their's afterwards. By allowing the State dept to "partially vette" K visas in the same manner as tourist and business visas, the DHS's workload would be reduced - freeing up time for conducting the business of national security within our borders.

I expect this is a pipe dream and if something were to change, it would be adding time and difficulty to visitor visa process. I don't see that happening either though.

I recognize the difficultly and frustration involved because, of course, my family has been through it. However, I've learned in my years that often my agenda isn't the one that best matches the big picture. Bureaucracies change slowly and even more slowly when the change is to add efficiency rather than layers of complication.

I couldn't agree with you more. It's a pipe dream. I was only offering an opinion on what would be logical. The reality being that the process will likely become more complex over time; that is what bureaucracies do.

[rin and john 71]

I agree there is fraud through marriage. But again, based on DHS statistics, 50,000 enter on K visas, another 250,000 plus file AOS as a spouse or child having entered the USA not on a K visa. Are you suggesting the 50,000 have a significantly higher fraud rate than the 250,000 plus not on a K-visa?

Yes of course.

Data? For the 250,000+ the pond in which they are fishing for their "fraud" target is much bigger. Their incentive to remain in the USA is much stronger than for someone who has never been here. Marriage fraud occurs in both groups. I am just not convinced that it is a bigger problem in the K-visa category than in the "already here and filing AOS" group (especially in terms of absolute numbers given the size of the two groups in question).

[Mt. Salem Queen 0]

Today I received a letter from my senator. What it states is not very encouraging. It seems they can take how ever long they like to process applications using a perceived security threat as an excuse. Here's the report from USCIS. Sounds like some sort of standard boiler plate that is not specific to my case but gives them unlimited time to delay. Here's the contents of the message from USCIS.

"The processing of the petitions you are enquiring about, ....... and ....... has been delayed. The petitions have been forwarded for completion of a detailed review and, until further notice, adjudication may not be expedited nor may premium processing be requested.

The ...... (USCIS) is committed to adjudicating immigration benefits in a timely, efficient manner that ensures public safety and national security.

Toward that end, USCIS requires extensive background checks for very application or petition it adjudicates. While background checks for most applications or petitions are completed quickly, a small percentage of cases involve unresolved background check issues that result in adjudication delays.

Background checks involve more than just initial submission of and response related biographical information and fingerprints. When checks and/or a review of an administrative record reveal an issue potentially impacting an applicant's eligibility for the requested immigration benefit, further enquiry is needed. The enquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible.

We have checked into your constituent's case and have been assured that the agency is aware of your enquiry, and is monitoring progress related to it. However, unresolved issues in your constituent's case require thorough review before a decision can be rendered. Unfortunately we cannot speculate as to when this review process will be completed.

We realize that your constituent may feel frustrated by delays related to his or her case. As an agency, we must weigh individual inconvenience against the broader concerns of public safety and national security."

Good Day NinjaRocket,

I received this letter verbatim from a Texas congressman when I made an inquiry into the delay of my k-3 processing. To be brief, my case was under so-called 'Administrative Review' and I was told that a security check was being done. When I contacted the FBI, there was no record of any inquiry on my behalf. When I requested a copy of my entire k-3 file under the Freedom of Information Act, at least 40 pages had been blacked out. Both my Texas congressman and congresswoman and my lawyer were told that I did not have a legal right to know what those documents contained. After 3.5 years, yes, 3 and a half years, my filing was denied. I lost my sanity and my marriage in the process.

I hope that you will find the courage to stay strong. I pray that you will not be one of the victims of the process - good people with honest intentions who are falling through the cracks of an otherwise good governmental system.

Read all you can. Retain a lawyer if that will make you feel better. Rely on your strongest relationships - you will need them. Pray everyday, even when you don't feel like it or know what to say. Stay strong. This will work out for you and your loved one.

Good Luck!

[gogo 6]

I'm only one step behind you mrseze.. :crying: now my only shot is for the writ of mandamus (lawsuit).. if that doesn't go through, then I'll have to move back with her.. it's sad because she couldn't come to live here with me.. :crying:

Edited June 16, 2008 by gogo

[Ilya R. 0]

Today I received a letter from my senator. What it states is not very encouraging. It seems they can take how ever long they like to process applications using a perceived security threat as an excuse. Here's the report from USCIS. Sounds like some sort of standard boiler plate that is not specific to my case but gives them unlimited time to delay. Here's the contents of the message from USCIS.

"The processing of the petitions you are enquiring about, ....... and ....... has been delayed. The petitions have been forwarded for completion of a detailed review and, until further notice, adjudication may not be expedited nor may premium processing be requested.

The ...... (USCIS) is committed to adjudicating immigration benefits in a timely, efficient manner that ensures public safety and national security.

Toward that end, USCIS requires extensive background checks for very application or petition it adjudicates. While background checks for most applications or petitions are completed quickly, a small percentage of cases involve unresolved background check issues that result in adjudication delays.

Background checks involve more than just initial submission of and response related biographical information and fingerprints. When checks and/or a review of an administrative record reveal an issue potentially impacting an applicant's eligibility for the requested immigration benefit, further enquiry is needed. The enquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible.

We have checked into your constituent's case and have been assured that the agency is aware of your enquiry, and is monitoring progress related to it. However, unresolved issues in your constituent's case require thorough review before a decision can be rendered. Unfortunately we cannot speculate as to when this review process will be completed.

We realize that your constituent may feel frustrated by delays related to his or her case. As an agency, we must weigh individual inconvenience against the broader concerns of public safety and national security."

Good Day NinjaRocket,

I received this letter verbatim from a Texas congressman when I made an inquiry into the delay of my k-3 processing. To be brief, my case was under so-called 'Administrative Review' and I was told that a security check was being done. When I contacted the FBI, there was no record of any inquiry on my behalf. When I requested a copy of my entire k-3 file under the Freedom of Information Act, at least 40 pages had been blacked out. Both my Texas congressman and congresswoman and my lawyer were told that I did not have a legal right to know what those documents contained. After 3.5 years, yes, 3 and a half years, my filing was denied. I lost my sanity and my marriage in the process.

I hope that you will find the courage to stay strong. I pray that you will not be one of the victims of the process - good people with honest intentions who are falling through the cracks of an otherwise good governmental system.

Read all you can. Retain a lawyer if that will make you feel better. Rely on your strongest relationships - you will need them. Pray everyday, even when you don't feel like it or know what to say. Stay strong. This will work out for you and your loved one.

Good Luck!

Wow, I imagine would lose my sanity too if would be in that same situation. *Correction, there is a chance I might be....