Response from Senator's Immigration Director

[TimS 0]

Hi

I have a couple of question and would really appreciate some feedback.

I got my NOA1 November 10. I recently emailed my Senator and asked for intervention because I have been waiting for 4.5 months now and I still get an error message when I enter my case number on the Status Check at the USCIS website. The Senator's immigration director made several inquiries and kept digging until she found out that my case has been with an adjudicator at VSC since February 26. She said that this means that I would get a decision within a couple of weeks. Does anyone have any sense about this statement, I of course want to believe her.

Also, I have been reading some threads about CBP and how they have impacted some petitions adversely when individuals were denied entry. I am not sure if this is relevant, but I had an unfriendly encounter with the customs people last summer when returning from visiting my fiancee in Thailand (I had not yet submitted the petition). I was walking off the jetway in Minn/St Paul to connect to NY after 20 hours of plane travel when an officer immediately called me over and asked to see my ticket and passport. A bunch of questions followed about my relationship and it was civil but not a friendly encounter. At some point in the questioning I revealed that I would be submitting a fiance visa petition. I was sent to the line where bags were opened and checked. This officer was also a real jerk and I almost came unglued when he threw all my stuff back into one of my bags and I didn't notice that he didn't zip it so when I lifted it off the table all the stuff spilled out on the floor. He just ignored what happened. I went up to him and asked him for his name. He was a real smart #### and I asked if I could speak with his supervisor. I talked to his supervisor who just smirked at me. I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people. So now I am really wondering if this incident or some untruthful rendering of it was passed on to USCIS and may now be prolonging my approval. Does anyone have an opinion?

Thanks in advance for your comments.

Edited March 26, 2009 by TimS

[Minya's wife 25]

Hi

I have a couple of question and would really appreciate some feedback.

I got my NOA1 November 10. I recently emailed my Senator and asked for intervention because I have been waiting for 4.5 months now and I still get an error message when I enter my case number on the Status Check at the USCIS website. The Senator's immigration director made several inquiries and kept digging until she found out that my case has been with an adjudicator at VSC since February 26. She said that this means that I would get a decision within a couple of weeks. Does anyone have any sense about this statement, I of course want to believe her.

Not being able to see your case status online is not really a reason to involve your senator, because the online system sometimes does not update correctly. When our I-129F was approved, it was about 4 months before the date changed to reflect the date of our approval....by that time my fiancee was already here w/ me...go figure.

Also, I have been reading some threads about CBP and how they have impacted some petitions adversely when individuals were denied entry. I am not sure if this is relevant, but I had an unfriendly encounter with the customs people last summer when returning from visiting my fiancee in Thailand (I had not yet submitted the petition). I was walking off the jetway in Minn/St Paul to connect to NY after 20 hours of plane travel when an officer immediately called me over and asked to see my ticket and passport. A bunch of questions followed about my relationship and it was civil but not a friendly encounter. At some point in the questioning I revealed that I would be submitting a fiance visa petition. I was sent to the line where bags were opened and checked. This officer was also a real jerk and I almost came unglued when he threw all my stuff back into one of my bags and I didn't notice that he didn't zip it so when I lifted it off the table all the stuff spilled out on the floor. He just ignored what happened. I went up to him and asked him for his name. He was a real smart #### and I asked if I could speak with his supervisor. I talked to his supervisor who just smirked at me. I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people. So now I am really wondering if this incident or some untruthful rendering of it was passed on to USCIS and may now be prolonging my approval. Does anyone have an opinion?

Thanks in advance for your comments.

wait, are you the USC, or the beneficiary? either way, a 'grilling' by CPB would make no difference on the adjudicaition of your petition.

[beans 7]

Not being able to see your case status online is not really a reason to involve your senator, because the online system sometimes does not update correctly. When our I-129F was approved, it was about 4 months before the date changed to reflect the date of our approval....by that time my fiancee was already here w/ me...go figure.

wait, are you the USC, or the beneficiary? either way, a 'grilling' by CPB would make no difference on the adjudicaition of your petition.

Agreed

[Ning 619]

Hi

I have a couple of question and would really appreciate some feedback.

I got my NOA1 November 10. I recently emailed my Senator and asked for intervention because I have been waiting for 4.5 months now and I still get an error message when I enter my case number on the Status Check at the USCIS website. The Senator's immigration director made several inquiries and kept digging until she found out that my case has been with an adjudicator at VSC since February 26. She said that this means that I would get a decision within a couple of weeks. Does anyone have any sense about this statement, I of course want to believe her.

Also, I have been reading some threads about CBP and how they have impacted some petitions adversely when individuals were denied entry. I am not sure if this is relevant, but I had an unfriendly encounter with the customs people last summer when returning from visiting my fiancee in Thailand (I had not yet submitted the petition). I was walking off the jetway in Minn/St Paul to connect to NY after 20 hours of plane travel when an officer immediately called me over and asked to see my ticket and passport. A bunch of questions followed about my relationship and it was civil but not a friendly encounter. At some point in the questioning I revealed that I would be submitting a fiance visa petition. I was sent to the line where bags were opened and checked. This officer was also a real jerk and I almost came unglued when he threw all my stuff back into one of my bags and I didn't notice that he didn't zip it so when I lifted it off the table all the stuff spilled out on the floor. He just ignored what happened. I went up to him and asked him for his name. He was a real smart #### and I asked if I could speak with his supervisor. I talked to his supervisor who just smirked at me. I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people. So now I am really wondering if this incident or some untruthful rendering of it was passed on to USCIS and may now be prolonging my approval. Does anyone have an opinion?

Thanks in advance for your comments.

The on line info is never current & is a waste of time. So is contacting your Senator. Her rep has No way of knowing when they will actually adjudicate your case. She is trained to placate you & has done so. There are thousands of people that have waited & are waiting longer than you have. That is why your case is taking so long. I have zero faith in any of these politicians based on my own experiance & that of many VJ members. Let us know if your experiance with them has any actual affect on your case.

I had problems on 3 trips with the entry process. None were like yours when it came to the officers. They were just doing thier job & only stopped me because of some incorrect info in the computer.

You dont describe what the questions were so its hard to understand what the problem was. They must have has some info about you & were waiting for you. I have never heard of them asking questions about a relationship just because someone was out of the USA. I have made over 15 trips outside of the USA & have never been questioned.

Whatever took place would have no affect on your later petition. What happened to me had no affect on mine & the info they had was much worse than an encounter with a tired traveler.

[Ed+Cindy 1]

wait, are you the USC, or the beneficiary? either way, a 'grilling' by CPB would make no difference on the adjudicaition of your petition.

That's not quite true. While it should not affect approval, every single person I have found with CBP issues (you are the 6th?) had or are having much longer NOA2 times. Kim and Russ were the only ones with normal processing times.

See another post I have about doing a FOIA request on your CBP file, or PM me for a sample letter and info. CBP put a lot of untrue items in my file to cover their rears when they treated me badly. I am sure this is why I am still waiting and I am starting to file charges against CBP. I am trying to get a copy of my fiance's record now.

[TimS 0]

Thank you all for your replies. First I would like to say that I disagree respectfully with the opinions that my case did not warrant involving my Senator. I would say this in counterpoint: (1) the USCIS explicitly states on their website that once we have a receipt number that we can check the status of our case online: I have never been able to do this (I even spoke with USCIS and they asked me if I would like to file a corrective action email to have my case entered online, the woman said it would take up to 30 days, that was over 60 days ago); (2) The USCIS explicitly states that they process applications in the order in which they receive them. With cases with NOA1s from December and January currently being processed, this claim clearly is not truthful (and this assumes that my case has not yet been given any attention). The USCIS and Department of State operate with near total insulation from us. The only probes we have are our congressional representatives. Someone has to hold these agencies accountable to the people they serve. There is much talk in the current new administration about more government accountability and I see no reason why that should not extend to our situations. I also recall the testimony on this website from the former USCIS adjudicator who worked at the NSC. He said congressional inquiries generally yielded prompt action. Once again, I am only trying to help myself, and I have a strong conviction reflected by what I said above. With regard to what my Senator's Deputy Immigration Director said, I quote:

"After numerous calls to get through to someone with hands-on authority over your case at the Vermont USCIS, I have learned that it is currently with an adjudicating officer. It has been there since February 26, 2009. This means it will be resolved within the next couple of weeks."

To me, her words have a measure of certainty to them, and that was why I was asking for feedback on whether she could really be so certain.

Regarding the interaction with the CPB at Minn/St Paul. I have no idea what would have provoked their interest in me, I think I was selected randomly for questioning as I came off the jetway. I don't think I am above suspicion but as a professor at a major state university, I am a public figure and would have a hard time running under the radar. It was kind of aggressive questioning and I was tired. There was no shouting but I wasn't in good humor and my responses became terse in reaction to the agent's tone. Then the incident with my luggage spilling out at the inspection table and my politely asking the inspector for his name and supervisor. If that put me over the CPB threshold and got me flagged at USCIS, I have no idea.

[Dakine 26]

Our senators immigration specialist without a doubt has helped numerous people here. NOT speeding things up but correcting errors that USCIS did which resulted in getting the petitions moving again. Example correcting USCIS when they had sent needless RFEs for documents already submitted.

[Lupy 0]

Thank you all for your replies. First I would like to say that I disagree respectfully with the opinions that my case did not warrant involving my Senator. I would say this in counterpoint: (1) the USCIS explicitly states on their website that once we have a receipt number that we can check the status of our case online: I have never been able to do this (I even spoke with USCIS and they asked me if I would like to file a corrective action email to have my case entered online, the woman said it would take up to 30 days, that was over 60 days ago); (2) The USCIS explicitly states that they process applications in the order in which they receive them. With cases with NOA1s from December and January currently being processed, this claim clearly is not truthful (and this assumes that my case has not yet been given any attention). The USCIS and Department of State operate with near total insulation from us. The only probes we have are our congressional representatives. Someone has to hold these agencies accountable to the people they serve. There is much talk in the current new administration about more government accountability and I see no reason why that should not extend to our situations. I also recall the testimony on this website from the former USCIS adjudicator who worked at the NSC. He said congressional inquiries generally yielded prompt action. Once again, I am only trying to help myself, and I have a strong conviction reflected by what I said above. With regard to what my Senator's Deputy Immigration Director said, I quote:

"After numerous calls to get through to someone with hands-on authority over your case at the Vermont USCIS, I have learned that it is currently with an adjudicating officer. It has been there since February 26, 2009. This means it will be resolved within the next couple of weeks."

To me, her words have a measure of certainty to them, and that was why I was asking for feedback on whether she could really be so certain.

Regarding the interaction with the CPB at Minn/St Paul. I have no idea what would have provoked their interest in me, I think I was selected randomly for questioning as I came off the jetway. I don't think I am above suspicion but as a professor at a major state university, I am a public figure and would have a hard time running under the radar. It was kind of aggressive questioning and I was tired. There was no shouting but I wasn't in good humor and my responses became terse in reaction to the agent's tone. Then the incident with my luggage spilling out at the inspection table and my politely asking the inspector for his name and supervisor. If that put me over the CPB threshold and got me flagged at USCIS, I have no idea.

I can understand your frustration with the situation. You are obviously within your rights to contact your senator or rep. at any point during the process as everyone else is. That being said, your case is (was) still within the normal processing timeframes listed by USCIS, so I don't see why you would have been inordinately alarmed by the length of time you have been waiting. Just because someone has neglected to key your case status into their system online doesn't mean they've forgotten your paper file.

Your assertion that they process cases out of order is not necessarily true. Some cases deserve expedited processing. Some cases require much longer adjudication. Some people do not respond to RFE's as fast as others. Seeing cases being processed faster than yours does not mean anything, because we have no way of knowing the totality of the situation on each individual case. Perhaps some adjudicators are more adept than others.

Best of luck getting your petition approved as soon as possible.

[Gary and Alla 3,694]

Hi

I have a couple of question and would really appreciate some feedback.

I got my NOA1 November 10. I recently emailed my Senator and asked for intervention because I have been waiting for 4.5 months now and I still get an error message when I enter my case number on the Status Check at the USCIS website. The Senator's immigration director made several inquiries and kept digging until she found out that my case has been with an adjudicator at VSC since February 26. She said that this means that I would get a decision within a couple of weeks. Does anyone have any sense about this statement, I of course want to believe her.

Also, I have been reading some threads about CBP and how they have impacted some petitions adversely when individuals were denied entry. I am not sure if this is relevant, but I had an unfriendly encounter with the customs people last summer when returning from visiting my fiancee in Thailand (I had not yet submitted the petition). I was walking off the jetway in Minn/St Paul to connect to NY after 20 hours of plane travel when an officer immediately called me over and asked to see my ticket and passport. A bunch of questions followed about my relationship and it was civil but not a friendly encounter. At some point in the questioning I revealed that I would be submitting a fiance visa petition. I was sent to the line where bags were opened and checked. This officer was also a real jerk and I almost came unglued when he threw all my stuff back into one of my bags and I didn't notice that he didn't zip it so when I lifted it off the table all the stuff spilled out on the floor. He just ignored what happened. I went up to him and asked him for his name. He was a real smart #### and I asked if I could speak with his supervisor. I talked to his supervisor who just smirked at me. I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people. So now I am really wondering if this incident or some untruthful rendering of it was passed on to USCIS and may now be prolonging my approval. Does anyone have an opinion?

Thanks in advance for your comments.

My wife has been here since September, has had her green card since January and our I-129f case on the website says "Received and Pending". The online system is useless and wish everyone would boycott it so they could not justufy confiscating our earnings to pay for it!

I do not believe your Senator. I live within sight of the VSC. A friend's wife works there. As she explains, cases are assigned to adjudicators shortly after they arrive. If your NOA1 is November, an adjusicator has had it in a stack in his/her cubicle since November. "Clean" I-129f petitions are approved in 15 minutes.

Sounds to me your Senator's staff got the same kind of happy horsesqueeze anyone else gets when they call the USCIS.

It doesn't sound like anything happened at the airport that would affect your petition. Our officials in government do not always present a good face, my guess is they don't care. We never had anything but the usual lazy, surly "don't-bother-me-I'm-on-the-clock" attitude at JFK. I will note that despite traveling the world, the ONLY place I have had a language barrier in ordering a hot dog was O'Hare airport in Chicago!!!!!!!

[baron555 934]

language barrier in ordering a hot dog was O'Hare airport in Chicago!!!!!!!

Sorry about that Gary, but a Chicago hot dog does not have ketchup on it!!!

[rsn 135]

Sorry about that Gary, but a Chicago hot dog does not have ketchup on it!!!

amen!

[daboyz 36]

Hi

I have a couple of question and would really appreciate some feedback.

I got my NOA1 November 10. I recently emailed my Senator and asked for intervention because I have been waiting for 4.5 months now and I still get an error message when I enter my case number on the Status Check at the USCIS website. The Senator's immigration director made several inquiries and kept digging until she found out that my case has been with an adjudicator at VSC since February 26. She said that this means that I would get a decision within a couple of weeks. Does anyone have any sense about this statement, I of course want to believe her.

Also, I have been reading some threads about CBP and how they have impacted some petitions adversely when individuals were denied entry. I am not sure if this is relevant, but I had an unfriendly encounter with the customs people last summer when returning from visiting my fiancee in Thailand (I had not yet submitted the petition). I was walking off the jetway in Minn/St Paul to connect to NY after 20 hours of plane travel when an officer immediately called me over and asked to see my ticket and passport. A bunch of questions followed about my relationship and it was civil but not a friendly encounter. At some point in the questioning I revealed that I would be submitting a fiance visa petition. I was sent to the line where bags were opened and checked. This officer was also a real jerk and I almost came unglued when he threw all my stuff back into one of my bags and I didn't notice that he didn't zip it so when I lifted it off the table all the stuff spilled out on the floor. He just ignored what happened. I went up to him and asked him for his name. He was a real smart #### and I asked if I could speak with his supervisor. I talked to his supervisor who just smirked at me. I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people. So now I am really wondering if this incident or some untruthful rendering of it was passed on to USCIS and may now be prolonging my approval. Does anyone have an opinion?

Thanks in advance for your comments.

My case still shows pending on the USCIS website. My wife has been here with me since March 7.

[rsn 135]

I was exhausted but really upset, basically I encountered 3/3 jerks inside 30 minutes after arriving back in my own country, having just spent 2 months in Thailand with nothing but respectful pleasant interactions with people.

I just recently finished a 7 week trip visiting my finacee in Thailand, and had a similar experience (not the first time though). There is definitely an "I hate my job, my life, and you" attitude with some of the customs/border patrol people that I have never seen in Thailand. I try to remember that Thailand is the "land of smiles" not the U.S. though. Different cultures, different attitudes I guess.

[KimandRuss 0]

I agree with the first couple of posters. Not being in the system isn't really an 'issue' it is a coutesy only. Also, being 'allowed to withdraw your petition to enter the US' normally has no affect on wait times.

I'm not sure how 6 petitions that took over 4 months means there is a delay in processing for certain people(?). I know of dozens of couples in the past couple of years who were 'denied entry' and who had completely normal processing times. Our processing time was average for when we filed (last April). The average is over that right now.

There are security checks done at every stage of the process, any one of which can hold the case up. Not to mention the fact that every adjuticator is very different and where your file lies in the que / 'wait' box can vary greatly.

There is nothing that can be done on your behalf to speed up your petition at this point unless you meet expidite criteria listed on the uscis website. You must be well past the processing times listed on the site to even consider asking for an inquiry.

wait, are you the USC, or the beneficiary? either way, a 'grilling' by CPB would make no difference on the adjudicaition of your petition.

That's not quite true. While it should not affect approval, every single person I have found with CBP issues (you are the 6th?) had or are having much longer NOA2 times. Kim and Russ were the only ones with normal processing times.

See another post I have about doing a FOIA request on your CBP file, or PM me for a sample letter and info. CBP put a lot of untrue items in my file to cover their rears when they treated me badly. I am sure this is why I am still waiting and I am starting to file charges against CBP. I am trying to get a copy of my fiance's record now.

[Minya's wife 25]

wait, are you the USC, or the beneficiary? either way, a 'grilling' by CPB would make no difference on the adjudicaition of your petition.

That's not quite true. While it should not affect approval, every single person I have found with CBP issues (you are the 6th?) had or are having much longer NOA2 times. Kim and Russ were the only ones with normal processing times.

See another post I have about doing a FOIA request on your CBP file, or PM me for a sample letter and info. CBP put a lot of untrue items in my file to cover their rears when they treated me badly. I am sure this is why I am still waiting and I am starting to file charges against CBP. I am trying to get a copy of my fiance's record now.

i still stand by my original claim. I said "a CPB grilling would make no difference on the adjudication of the petition".....not how long it takes to adjudicate, though I would venture to say that there is no difference there either.

CBP and USCIS have two different 'databases' for their information, and I don't think the two communicate. Whatever CBP put in 'your file' stays in CBP's database, and probably would not be 'shared' unless there is a finding of some criminality, or if you were a foreign national who was turned away at entry. You and the OP are USCs, what kind of 'file' do you think you have...that CBP could alter to make themselves look better? That's a bit big brother-ish don't you think?

Edited March 26, 2009 by Minya's wife