Fiancé(e) I-129F Petitions Recalled by DHS

[juicyboots 0]

So, I have a received date of March 1, 2006, a Notice date of March 7, 2006, and a blank priority date. From what I read of your post, aussie, that means that this petition doesn't fall under the new law and therefore won't be recalled for a security check, is that correct? Gotta ask just to make sure.

[GaryC 7]

So, if we received an NOA1 on March 7, but have already gotten a NOA2, and an email from the NVC stating that they have forwarded the case to the Consulate, will our case STILL be recalled and an RFE sent?

I am not a lawyer so take this with a grain of salt. But it looks like anyone that has a NOA1 date after March 5 will get sent back. I guess we will just have to wait and see. Good luck!

Yours is before so it looks like your OK.

[aussiewench 9]

So, I have a received date of March 1, 2006, a Notice date of March 7, 2006, and a blank priority date. From what I read of your post, aussie, that means that this petition doesn't fall under the new law and therefore won't be recalled for a security check, is that correct? Gotta ask just to make sure.

As with Gary, I am not a lawyer, but petitions that are received before the act came into practice will not be affected. Imagine the law suits if that happened. A different kettle of fish if the act was retroactive...which it isnt.....there is nothing in the act from what I can see that makes it retroactive...nor is there anything on any of the immigration lawyer sites that would give this notion.

Lorelle

[Jaylen Brit 0]

This is exactly what I thought the reason for the recalls was - but Im glad they've actually put it out there so its 'official' and people have an article they can reference.

It doesn't surprise me in the least that the depts involved didn't meet the deadlines - I doubt very much any of them were alotted extra staff to deal with this situation - although as others have said, why they then sent the cases to NVC (when they hadn't gone thru the USC security checks) is beyond me. That part of it seems quite insane - did they think no-one would NOTICE?

Or were VSC worried they'd lose their 'fastest processing center' status??

I'm sure many of the people affected, while being annoyed at any delays for an NOA2, would have been happier with a delay at THAT stage than a recall after they thought things were moving.

Seems like a 0/10 for customer relations - and common sense - there.

[Ladylethal 12]

We did see some approvals from Nebraska after IMBRA law. There were two approvals last week. Did they have to send in any new form? Maybe they just mean they need to make new notes on the forms, like they said "some cases were processed after March 5

using the old forms and procedures and sent to posts for

processing." What I mean is, they wouldn't be accepting any new petitions before changing the I-129F form, so maybe it's something they were supposed to do at USCIS, and we won't ALL get an RFE.

I could be just dreaming, but really, 5 months to do this like, sounds way more than anyone can bear with. I'm sure they can come up with something that goes faster, like an e-form the petitioners can fill and send, especially for those with a NOA1, they can just use their case number to send the info online. That would be reasonable.

[Ladylethal 12]

Sorry for the double post but with this new memo, are they saying EVERYONE needs the extra check? Or just those under IMBRA?

[Jaylen Brit 0]

As I read it, the law changed on march 5/6th and all petitions rec;vd from then onwards fall under the USC criminal history checking requirements

[Karen_L 1]

I am SO pissed - how stupid can they be?

Rather stupid.

My mother works for the government (not with immigration though -- Social Security Admin.) and she always tells me about the ridiculous incompetence of her co-workers -- how much misinformation they give out to people and all the mistakes they make while processing claims, etc. The problem is that government workers can't lose their jobs for practically any reason or any number of hideous mistakes, so it doesn't motivate them to do their jobs attentively. My mother happens to do her job very well and she cares about it, but maybe half her office does NOT feel like that. I'm sure USCIS is the same way -- people ignoring or never bothering to learn new procedures. And instead of punishing the workers (or officer managers, or whoever) they punish us for their mistake.

[Karen_L 1]

"No cases in issued status will be recalled."

What does that mean? Cases received before March 6th? They already have recalled cases received by USCIS in January, February and earlier in March. Maybe that means that if the consulate sent back a case with a NOA1 before March 6th, those cases will get bumped back to the consulate?

Or does that mean cases where the visa has already been issued?

[kitkat1 5]

We did see some approvals from Nebraska after IMBRA law. There were two approvals last week. Did they have to send in any new form?

I think one of the approvals last week was post RFE

The other, one of my friends, came from a petition with a receipt date of March 3 I believe. So it looks like they aren't moving.

If anyone is using an attorney, it would be great to hear from advice on how we can voice our complaints and complete dissatisfaction with how, once again, the USCIS has totally botched something that could have been easily managed. It doesn't seem like emailing congressmen would be very effective but if anyone's lawyer has an idea, I'm open to shooting some wicked letters all of the country - just tell me who to send them to.

[gtigiant 0]

this is definately TEH SUCK. I know I had looked at IMBRA implications when I filed in April and made sure I had all the newest forms. I had hoped that would save me this kind of hassle.....

[TracyTN 237]

That's a question. When are the 'new forms' supposed to be out?

[Jaylen Brit 0]

"No cases in issued status will be recalled."

What does that mean? Cases received before March 6th? They already have recalled cases received by USCIS in January, February and earlier in March. Maybe that means that if the consulate sent back a case with a NOA1 before March 6th, those cases will get bumped back to the consulate?

Or does that mean cases where the visa has already been issued?

Again, just by looking at the article, and with no 'inside info' I would imagine this means that visas that are already issued (as in PHYSICALLY PRESENT IN THE PASSPORT) are not being recalled.

[jen&darcy 0]

I could be just dreaming, but really, 5 months to do this like, sounds way more than anyone can bear with.

Well think of it this way it has already been 2 1/2 months since this law went in effect and we are just now seeing people being recalled, etc.

[Jenn! 918]

"No cases in issued status will be recalled."

What does that mean? Cases received before March 6th? They already have recalled cases received by USCIS in January, February and earlier in March. Maybe that means that if the consulate sent back a case with a NOA1 before March 6th, those cases will get bumped back to the consulate?

Or does that mean cases where the visa has already been issued?

Yes, I believe that means they can't take back the visa if it's already been issued. They do mention cases with 221g, which means people who are in AR or AP (that is post-interview, pre-visa) may be affected.