Expediting A Case

[sachinky 465]

Hi -- I was wondering if anyone has any thoughts/suggestions as to how one would file a request for expediting a case. My husband and I sent in our I-130 packets on Sept 3. Our check was pending for several weeks and we never received an NOA1 until we called up a few days ago and found out that they had cancelled our check and petition due to incorrect filing. This was an error on their part, since we had mailed it correctly to Chicago and not Detroit, as the operator insisted it should have gone to. Anywho, long story short, after my husband gave them hell for half an hour, they conceded that it was their mistake and we received our NOA1 dated September 29 in the mail yesterday. Our case is now at the CSC. I was told that USCIS error is grounds for expediting a case and I was wondering how I would go about filing a formal request for expedition. Who would I file it with?

Thanks for your help in advance. =)

[canadian_wife 1,823]

Yes USCIS error is a reason to expedite, but you waited what...4 weeks? That is not really an HUGE deal, it is actually what most people wait for their NOA-1. I don't think this error is an extenuating circumstance and likely won't be granted an expedite. Just my opinion

However, stranger things have happened, file the expedite if you truly feel wronged by USCIS (keep in mind, people have waited 3 months for an NOA-1).

Good luck.

[sachinky 465]

You're right. It's not the time, per se, it's just that they were sitting with it and then cancelled it. We would've never known unless we called to ask about our NOA which most people seem to receive in about 10-14 days. And then they insisted that it was our fault since we should have filed in Detroit and not Chicago. I went crazy for several hours, crying about how stupid I was, before I realized that we had actually filed in the right place and the operator, in fact, had no idea what she was talking about. I don't mind the four weeks, if they were working on it and/or actually looking at it. I understand necessary administrative delays, but this was completely unecessary. They just cancelled the petition two weeks ago -- which could've resulted in a much more serious delay, if we hadn't insisted they get a move on it right away.

I suppose there is no harm in trying, is there? Who would I make the request to? The CSC? Does it have to be in writing?

[NigeriaorBust 4,087]

There is another risk , as fast as thing move submitting the request may pull the petition out of que for review and even if the approve it ( it is only for that stage not the whole process) you may already fall behind people who just are waiting. I think they have 120 days to review your request. How long is the average petition staying at USCIS

[Kimbear 53]

AFter 7 months of waiting and 2 months after noa2 recieved, csc made a mistake by not sending us an RFE beforet eh approval now we are getting one. The lvl 2 immigration officer told us it was going to be expedited due to their mistake, however the request for expedite was denied.

they seem to pick and choose which expedites to actually expedite.

[sachinky 465]

Thanks for your input, guys.

Sorry to hear about your case, Kimbear.