Were we taken advantage of? Lied to? USCIS Phone Call.

[B&E 0]

I'm going to start by saying that I hope I'm wrong in this case and that it was just a bad misunderstanding, both for our sake (my wife and I) and the sake of the people we spoke to today via the USCIS 1-800 number. I'm going to make it as short and sweet as possible.

Called today around 10am, spoke with a rep, who's name and ID I wrote down. Asked about the fact we had still not received a biometrics appointment for the I765 or I485, and it's been like 110 days now. She stated she did not have any information for me and I needed to schedule an appointment with a local office, which is 2.5 hours away from us. I expressed that I was not happy to have to drive 5 hours round trip because they made a mistake, and yes I probably said it a little more angrily than I wanted, but I was frustrated. I then asked if she had a manager or supervisor I could speak with. She just said, yes, hold please.

I was then in contact with someone who stated their name (no employee number) and to hold. Later she came back on the line. I first asked what her employee ID was. She said she did not have one, that she was an immigration officer. I believed her and continued with my story, explaining that we had not gotten the biometrics appointment. She asked for the case number, which I gave and she looked it up. She asked for our address and once given stated that the EAD card had been issued and sent on Jan 15th. I asked her to verify the case number I gave her, because that didn't sound right. When I check the uscis.gov system right now the last status shown is Jan 16 2009, Application Pending. She verified the case number. I then stated we had not received the card. She said it must have been lost in the mail and asked if my wife was on file as being at the address. I stated yes, she is. She'd been here many months, our bank account gets here just fine and she's received numerous letters. I asked why the other people I'd talked to, 3 people via 1-800 number, since Jan 15th have not told me it was issued and sent. She stated that she looks at a different system than them. I then asked if it was possible that her system showed it as issued, but there was an error somewhere between when it was updated to "Issued" and it actually being put into the mail. She said that was not possible. (this is the one thing so far she said that I completely did not believe or agree with.) I then asked if it could be re-issued since we didn't get it. She said, no. We have to resubmit the application and $340 to process it since, "we've already done our job." I was again upset and asked her if anything in what she just said sounded wrong. She said, "It sucks, I know." After a little more question asking, without luck, I finally asked her if she could verify my I485 case status, as I didn't want that to end up in the same situation with that. At that point she told me the system was down. I stated I would wait, as I didn't want to risk anything happening to the I485. She then said, "that can take 12 months or more to go through". I asked again if the system was still down and she said yes. So, I believed her, thanked her for her time and hung up, very upset.

When I got home today from the office, we had in our mail a biometrics appointment with both the I485 and I765 listed on the appointment letter. After spending the evening thinking about this I have a theory and questions.

#1) Are there immigration officers who work answering questions via the 1-800 number that you can be elevated too AND Would there be a reason they don't have an employee ID?

#2) Would said IO have access to a different database than the initial representatives? Has anyone else had that?

#3) Would USCIS ever be almost 3 months behind in updating their online system to reflect the card was issued? I know that for her K-1 petition and AP approvals, I got the email and online status updated about a week or 10 days before we got the actual paperwork in the mail.

#4) Would USCIS really not re-issue an EAD card if it was truly lost in the mail? Do they not keep a record of the paperwork all approved and they'd just literally need to see, yes, this was approved in Jan, re-issue, or would they really expect someone to pay another $340 and resubmit paperwork?

#5) Was anyone on the phone with the 1-800 number yesterday around 10:30 or 11:00 and the system was down?

Here is my, admittedly disheartening, theory. The first rep did not like that I got upset and decided to transfer me to her buddy, who sits next to her. I am transfer and the new person states she has no ID, so she can't get in trouble. Goes through the whole process of telling that, because she's bored or just a nasty person. Then at the end, decides she's done having her fun and states the system is down so I'd hang up and let her go.

Here is my second, less conspiracy theory. The second lady really was an IO and everything she said was true, except her system had a gross error and I was about to resubmit and pay $340. Now, it could also be that her system is correct, but based on my previous paperwork experience and the online status, as well as receiving the bio appointment today, I'd say the EAD was not issued. I guess we'll know for sure in a month or two after the appointment.

I have decided to call the 1-800 again tomorrow and ask them the questions above. Not explaining what I'm after, I'll ask them in ways that they don't realize I'm probing.

Why:

Theory 1: I want to make sure those two ladies aren't allowed to do that to anyone else. If they did what I think they did, that's a horrible, nasty thing to do.

Theory 2: Ask why we got the biometric for the I765 and I485 if the EAD was already issued. Ask if it really was issued or if there could be a mistake and state they should train the IO about the possibility of a mistake if that's the case.

I would love some input to contrast my theory one. Please tell me I'm being paranoid and that the IO was real.

Thanks,

Ben

[anitacastillo 0]

I would be happy for the biometric appt letters and move on. USCIS is frustrating - we all agree!!

[map1map 3]

I understand you did not had the biometrics taken yet. It is not completely wacky to think the card was issued, since it needs your photo as identification, and you sent in photos with the application. However, I never heard of an EAD card under AOS issued without the fingerprint (the EAD under AOS has both your picture and the fingerprint of the right index finger).

It is possible that the second person you spoke with had a different system, or different rights to operate in the same system, and perhaps they have higher access to your filed data (that is not available to the first person because of privacy of information concerns, the first person being probably an employee in the call center, hired to have standard/scripted answer to standard questions, for further questions pertaining to personal details they do transfer the call to an immigration officer). I think it is true the second was indeed an immigration officer.

If I were you, I would probably setup an InfoPass in the same day you have the fingerprints taken (I really hope here that the application support center where you'll have the biometrics taken is a city with an immigration office). Have your paperwork with you for the EAD, including the check, and depending on what is the IO at the InfoPass telling you, you can decide ad-hoc to sent it or not.

It is not entirely out of order for the system to be down or lack exact information. I had my EAD and AP in hand as of February 13 (AP) and February 23 (EAD), and the system was last updated on January 31, 2009 showing pending applications, and then, all of a sudden on March 8, 2009, it was updated on all aplications..

[Kez/JWolf 6]

I don't think you were taken advantage off or even lied to. The 1-800 line is well known for giving out wrong and misleading information, the people who answer the phones are not immigration officers and they have very limited access to your case info, they can see about the same amount of information as you can on the case status on line.

The immigration officer you were escalated too will have access to a totally different system and will be able to give more information. Will that information be correct? That I can not say!

As for the Case Status updates you get on line at the USCIS website, they are well known for not being updated. My late wife's case to this day has never been updated and she was approved for AOS and got her Greencard back in Nov 2005, the case still shows as pending!

I would make an infopass appointment for the same day as your biometrics and get the officer to check the status of your EAD application before you pay $$$ to replace it.

[Cino 5]

FIRST OF, YOU CAN NOT HAVE YOUR EAD WITHOUT BIO. THAT IS IMPOSSIBLE !.....

SOME CASES TAKE MORE TIME, WE KNOW THAT BUT NOT THAT LONG.

FYI, EVEN YOUR EAD WOULD HAVE BEEN LOST IN MAIL, YOU WOULD STILL APPLY

I-765 AGAIN ON-LINE WITHOUT A FEE BASED ON I-485 PENDING & EXPLAINING THAT

EAD HAS BEEN LOST IN MAIL.

I HOPE THIS INFO HELPS YOU, GOOD LUCK !....

[Tessa In NJ 0]

I'm going to start by saying that I hope I'm wrong in this case and that it was just a bad misunderstanding, both for our sake (my wife and I) and the sake of the people we spoke to today via the USCIS 1-800 number. I'm going to make it as short and sweet as possible.

Called today around 10am, spoke with a rep, who's name and ID I wrote down. Asked about the fact we had still not received a biometrics appointment for the I765 or I485, and it's been like 110 days now. She stated she did not have any information for me and I needed to schedule an appointment with a local office, which is 2.5 hours away from us. I expressed that I was not happy to have to drive 5 hours round trip because they made a mistake, and yes I probably said it a little more angrily than I wanted, but I was frustrated. I then asked if she had a manager or supervisor I could speak with. She just said, yes, hold please.

I was then in contact with someone who stated their name (no employee number) and to hold. Later she came back on the line. I first asked what her employee ID was. She said she did not have one, that she was an immigration officer. I believed her and continued with my story, explaining that we had not gotten the biometrics appointment. She asked for the case number, which I gave and she looked it up. She asked for our address and once given stated that the EAD card had been issued and sent on Jan 15th. I asked her to verify the case number I gave her, because that didn't sound right. When I check the uscis.gov system right now the last status shown is Jan 16 2009, Application Pending. She verified the case number. I then stated we had not received the card. She said it must have been lost in the mail and asked if my wife was on file as being at the address. I stated yes, she is. She'd been here many months, our bank account gets here just fine and she's received numerous letters. I asked why the other people I'd talked to, 3 people via 1-800 number, since Jan 15th have not told me it was issued and sent. She stated that she looks at a different system than them. I then asked if it was possible that her system showed it as issued, but there was an error somewhere between when it was updated to "Issued" and it actually being put into the mail. She said that was not possible. (this is the one thing so far she said that I completely did not believe or agree with.) I then asked if it could be re-issued since we didn't get it. She said, no. We have to resubmit the application and $340 to process it since, "we've already done our job." I was again upset and asked her if anything in what she just said sounded wrong. She said, "It sucks, I know." After a little more question asking, without luck, I finally asked her if she could verify my I485 case status, as I didn't want that to end up in the same situation with that. At that point she told me the system was down. I stated I would wait, as I didn't want to risk anything happening to the I485. She then said, "that can take 12 months or more to go through". I asked again if the system was still down and she said yes. So, I believed her, thanked her for her time and hung up, very upset.

When I got home today from the office, we had in our mail a biometrics appointment with both the I485 and I765 listed on the appointment letter. After spending the evening thinking about this I have a theory and questions.

#1) Are there immigration officers who work answering questions via the 1-800 number that you can be elevated too AND Would there be a reason they don't have an employee ID?

#2) Would said IO have access to a different database than the initial representatives? Has anyone else had that?

#3) Would USCIS ever be almost 3 months behind in updating their online system to reflect the card was issued? I know that for her K-1 petition and AP approvals, I got the email and online status updated about a week or 10 days before we got the actual paperwork in the mail.

#4) Would USCIS really not re-issue an EAD card if it was truly lost in the mail? Do they not keep a record of the paperwork all approved and they'd just literally need to see, yes, this was approved in Jan, re-issue, or would they really expect someone to pay another $340 and resubmit paperwork?

#5) Was anyone on the phone with the 1-800 number yesterday around 10:30 or 11:00 and the system was down?

Here is my, admittedly disheartening, theory. The first rep did not like that I got upset and decided to transfer me to her buddy, who sits next to her. I am transfer and the new person states she has no ID, so she can't get in trouble. Goes through the whole process of telling that, because she's bored or just a nasty person. Then at the end, decides she's done having her fun and states the system is down so I'd hang up and let her go.

Here is my second, less conspiracy theory. The second lady really was an IO and everything she said was true, except her system had a gross error and I was about to resubmit and pay $340. Now, it could also be that her system is correct, but based on my previous paperwork experience and the online status, as well as receiving the bio appointment today, I'd say the EAD was not issued. I guess we'll know for sure in a month or two after the appointment.

I have decided to call the 1-800 again tomorrow and ask them the questions above. Not explaining what I'm after, I'll ask them in ways that they don't realize I'm probing.

Why:

Theory 1: I want to make sure those two ladies aren't allowed to do that to anyone else. If they did what I think they did, that's a horrible, nasty thing to do.

Theory 2: Ask why we got the biometric for the I765 and I485 if the EAD was already issued. Ask if it really was issued or if there could be a mistake and state they should train the IO about the possibility of a mistake if that's the case.

I would love some input to contrast my theory one. Please tell me I'm being paranoid and that the IO was real.

Thanks,

Ben

[gatita 0]

I think that the people you spoke with on the phone were misinformed or lied. When I ahve called them, two different operators couldn't help me and told me two differnt things. I wouldn't trust them. Sorry you are having such bad luck, but I bet you will get the EAD soon after the biometrics.

[JeremyR 8]

Since stating "I am an immigration officer" when you are not would almost certainly be a felony and given that the calls to the misinfo line are recorded/monitored, I think you can be confident that you did indeed speak to a bona fide IO. I'd also believe anything the IO told me over the first-level customer service operators every time. Not unquestioningly, of course, but an IOs word is worth more than the script readers

[B&E 0]

Thanks for all the comments.

It turns out that the IO I spoke with was just really bad at their job.

I received a reply to my letter to my senator within 24 hours stating that the EAD was approved on Jan 15th, but not made or sent because no biometrics had been done. The biometrics is scheduled for the 18th of March now and as soon as it's completed and in the system the EAD card will be issued and sent.

We DO NOT have to resubmit an I765.

The DO NOT was also bolded on the email from my senator (actually someone working for them).

So, we are still ok, though the bio should have been made months ago, at least we don't have to resubmit or anything.

I was so astonished and happy with the reply I got from the senator's office that I called that person and thanked them, explaining how much I appreciated someone who was willing to do their job well and help us.

[Old Dominion 26]

All's well that ends well. The IO probably didn't have access to any info that your biometrics was still needed. As to the online case update system, it is a nice idea when it works.

It's a complex operation, this immigration business. Unlike some federal operations, it has no way to anticipate how many people it will try to serve in any given month or year. Except for protecting our national security, the government ought to simplify the whole process and stop trying to make it all so complicated.