Please help...Case sent back to USCIS from state deparment for review????

[krisca 0]

i don't think it's something to be alarmed about. . .we called USCIS at least 3 times to make sure nothing is wrong. . and if there is I'm sure they'll lot us know. . .let's just stay positive. . .we're almost at the 5th month timeline anyway. . .when my husband called them the operator just said that our case is not at the NVC (DOS) yet, and that TSC is reviewing it. . .hope for the best

[MariaPeru 0]

Hi everyone,

I also just received the same letter saying exactly the same thing .. I sent my I130 package in August10 and everything was fine until they transfered to TSC and now in November, I got the letter .. today i call USCISand they told me the same thing and that I have to wait 120 days to see if they aproved my petition or not .. I dont know why this is happening .. I do not think I had anything wrong with my documents .. my mom never came to the United States and everything was fine .. I'm a little nervous and i really hope everything goes well for all of us.... and if anyone has any comments please do not hesitate to write back.

thanks everyone .. Good Luck..

Merry Christmas and happy New Year.

[krisca 0]

a lot o people who filed August got the same email. . "post decision activity". . .it's really frustrating and gets you thinking about what could possibly be wrong. . .we'll just have to wait and see. . .120days is almost up anyway hopefully we'll get a better touch this time. . .let's keep in touch coz looks like we all have the same timelines and touches. . . hope for the best Happy Holidays!

[Callina 1]

Hi, guys! I'm in the same situation regarding my I-130 petition for my mother. I, myself, believe we should stay positive, as we will eventually find out what has happened.

[evoamac 0]

same thing here.

[Callina 1]

While visiting a legal website earlier today, I found some interesting replies to someone who filed a I-130 in August and who, herself, just got that "weird message" from USCIS stating that their petition had been sent back to the respective service center. The case applies to persons with pending I-130 applications. So, the question was: "Why did DoS return the petition to USCIS?" and the answers were:

1. "This occasionally happens with USCIS. They will sometimes mistakenly forward the application to DOS without actually approving it, or with incomplete information. As a result, DOS has to send it back to USCIS for them to fill in the missing information or complete the process on their end. USCIS should finish their part and issue a decision on the I-130 before sending it on to DOS again. Once the I-130 gets to DOS (the National Visa Center), DOS will contact you for the next part of the process." (author: Regina Marie Jefferies)

2. "This is an error on the part of the uscis.

They will have to make a decision on the I-130 petition by either approving or denying the petition.

Hopefully this will be rectified.

Goodluck." (author: Ekaette Patty-Anne Eddings)

I hope the above opinions will make our wait a little less stressful. As for the ones with approved petitions, again, I believe it could be a plain mistake. Good luck, everyone!

[HoustonApollo 0]

hi,

i, too, am a victim of this

our case was approved at the CSC on Sept 30th. from there it was sent to the NVC. i paid the fees and sent the packets. On Nov 19th I requested an expedite. it was approved and our case was sent to the embassy in paris for review and interview on the 26th of Nov. It arrived in Paris on the 30th. On Dec 1st I found out that it is being sent back to the USCIS for review requested by the DoS!!!!! My case still hasnt arrived at either the NVC or the USCIS yet and I'm freaking out. Neither my husband or I have ever had any problems in the past, i.e, criminal record, overstay, deportation, etc.. and theres nothing wrong with our case to my knowledge. i dont know whats going on!

[krisca 0]

hi,

i, too, am a victim of this

our case was approved at the CSC on Sept 30th. from there it was sent to the NVC. i paid the fees and sent the packets. On Nov 19th I requested an expedite. it was approved and our case was sent to the embassy in paris for review and interview on the 26th of Nov. It arrived in Paris on the 30th. On Dec 1st I found out that it is being sent back to the USCIS for review requested by the DoS!!!!! My case still hasnt arrived at either the NVC or the USCIS yet and I'm freaking out. Neither my husband or I have ever had any problems in the past, i.e, criminal record, overstay, deportation, etc.. and theres nothing wrong with our case to my knowledge. i dont know whats going on!

i think your case is a little different than ours coz u already got the NOA2 and we haven't got ours. . .i think u should call USCIS and ask about your case. . .maybe they found something wrong with your case. . .but other than that i wish all of us gets good news by January as the 5th month draws near. . .i hope all of us who got the same email will stay in touch. . .Advance Merry cHristmas to all!!

[AdoV1 0]

i think your case is a little different than ours coz u already got the NOA2 and we haven't got ours. . .i think u should call USCIS and ask about your case. . .maybe they found something wrong with your case. . .but other than that i wish all of us gets good news by January as the 5th month draws near. . .i hope all of us who got the same email will stay in touch. . .Advance Merry cHristmas to all!!

I hope we get something by Jan too. You're mentioning the 5 months deadline of when you can expect your case to be done. Well when I called the USCIS, the agent told me that 5 months doesn't count anymore, a new waiting period of 120 days started since we all received the notice of review. This is exactly what he told me "The 5 months goal to complete a case is already done, we accomplished the 5 months deadline because we completed the case and sent it to NVC for further action. Since the NVC returned the case for review, there is no longer a 5 months period, now the wait starts again and the period of waiting for a review is up to 120 days."..That's 4 months, so if we got our notice by end of November I'd say by March we have to receive something. It's frustrating knowing that the reason all these cases are back in review is probably the USCIS's fault, and we're suffering as the result of it. Hope all gets well soon..... Enjoy your holidays everyone !!!

[milimelo 4,481]

Is there a reason none of you have contacted your elected representatives (Senators, congressmen) on this? It's clearly a procedural error on the side of USCIS which is making you wait longer than posted 5 months for adjudication of your I-130, to be told you have to wait another 120 days before you get any response is ridiculous!

Get the reps working for you, their constituent and get you the information - they do have a direct communication channel with USCIS centers in each of their offices - person called immigration specialist and they can and will get you answers from federal agencies, which USCIS is.You do have to contact them (google your state and then add senator or representative) and send them an email, fax authorizing they represent you and make sure to send copies of all paperwork you ever received from USCIS, any phone calls you had: date, time, name of person spoken with, their ID, what they told you.

Edited December 11, 2010 by milimelo

[Callina 1]

Have you called USIS yet? What kind of notice did you receive? Was it in the shape of an email or was it a hardcopy? Did both messages state the same thing, that your file had been returned to USCIS? Your case is one of the strangest I have read about so far, because you were so advanced in the process of getting the visa, but it - once again - promts me to believe somebody at USCIS has mistakenly sent out these e-mails/notices...

hi,

i, too, am a victim of this

our case was approved at the CSC on Sept 30th. from there it was sent to the NVC. i paid the fees and sent the packets. On Nov 19th I requested an expedite. it was approved and our case was sent to the embassy in paris for review and interview on the 26th of Nov. It arrived in Paris on the 30th. On Dec 1st I found out that it is being sent back to the USCIS for review requested by the DoS!!!!! My case still hasnt arrived at either the NVC or the USCIS yet and I'm freaking out. Neither my husband or I have ever had any problems in the past, i.e, criminal record, overstay, deportation, etc.. and theres nothing wrong with our case to my knowledge. i dont know whats going on!

[krisca 0]

I hope we get something by Jan too. You're mentioning the 5 months deadline of when you can expect your case to be done. Well when I called the USCIS, the agent told me that 5 months doesn't count anymore, a new waiting period of 120 days started since we all received the notice of review. This is exactly what he told me "The 5 months goal to complete a case is already done, we accomplished the 5 months deadline because we completed the case and sent it to NVC for further action. Since the NVC returned the case for review, there is no longer a 5 months period, now the wait starts again and the period of waiting for a review is up to 120 days."..That's 4 months, so if we got our notice by end of November I'd say by March we have to receive something. It's frustrating knowing that the reason all these cases are back in review is probably the USCIS's fault, and we're suffering as the result of it. Hope all gets well soon..... Enjoy your holidays everyone !!!

if that's the case, I'm definitely gonna contact someone. . .but when we called USCIS they told to wait for the decision on or before our deadline which is Jan16. they didn't told us anything about going over the 120 days wait. . .but they told us that we should be able to get an update after 120days of our petition and that will be on the 14th of December. We called them a bunch of times to make sure nothing is wrong. . .all they said is that TSC received my case from CSC and that they are reviewing it. . .my husband asked them if NVC sent it back to them, they said "no" it's being reviewed by TSC. . .but definitely after the 5month period and I don't get the decision I'll ask for help. . . all the best. . Happy Holidays

[krisca 0]

While visiting a legal website earlier today, I found some interesting replies to someone who filed a I-130 in August and who, herself, just got that "weird message" from USCIS stating that their petition had been sent back to the respective service center. The case applies to persons with pending I-130 applications. So, the question was: "Why did DoS return the petition to USCIS?" and the answers were:

1. "This occasionally happens with USCIS. They will sometimes mistakenly forward the application to DOS without actually approving it, or with incomplete information. As a result, DOS has to send it back to USCIS for them to fill in the missing information or complete the process on their end. USCIS should finish their part and issue a decision on the I-130 before sending it on to DOS again. Once the I-130 gets to DOS (the National Visa Center), DOS will contact you for the next part of the process." (author: Regina Marie Jefferies)

2. "This is an error on the part of the uscis.

They will have to make a decision on the I-130 petition by either approving or denying the petition.

Hopefully this will be rectified.

Goodluck." (author: Ekaette Patty-Anne Eddings)

I hope the above opinions will make our wait a little less stressful. As for the ones with approved petitions, again, I believe it could be a plain mistake. Good luck, everyone!

I think that you're right. . .it's the USCIS fault. . .and I think there's nothing to worry about. . .they probably send our I130's to DOS without approving it first. . .If there is anything wrong I'm sure they will notify the petitioner. . .We're almost there,,just 1 more month and the wait from USCIS will be over. . .God Bless y'all

[HoustonApollo 0]

sorry for the delayed response. i have received neither an email response nor a hardcopy for the moment. my case is (presumably) sitting in the mailroom of either the NVC or the USCIS waiting for them to enter it into their system and send me a notice. mine should take a bit longer for them to receive since it was sent by the embassy in Paris.

the more i look around the more i think that this has to be some sort of error or theres something going on that theyre just not telling us (a link to wikileaks perhaps?) the point is, even if we're all at "different" stages of the process, we all received the same notice around the same time. it cant be just coincidence.

i just hope they fix it quickly, whatever it is. ive been in contact with my senator and congressman. nothing they can do until my case is received somewhere.

anyone else have updates on their cases?..

Have you called USIS yet? What kind of notice did you receive? Was it in the shape of an email or was it a hardcopy? Did both messages state the same thing, that your file had been returned to USCIS? Your case is one of the strangest I have read about so far, because you were so advanced in the process of getting the visa, but it - once again - promts me to believe somebody at USCIS has mistakenly sent out these e-mails/notices...

[Callina 1]

HoustonApollo,

Have you called the US Embassy in Paris? Are you absolutely sure your file is not with them right now? It may not even have been returned...

sorry for the delayed response. i have received neither an email response nor a hardcopy for the moment. my case is (presumably) sitting in the mailroom of either the NVC or the USCIS waiting for them to enter it into their system and send me a notice. mine should take a bit longer for them to receive since it was sent by the embassy in Paris.

the more i look around the more i think that this has to be some sort of error or theres something going on that theyre just not telling us (a link to wikileaks perhaps?) the point is, even if we're all at "different" stages of the process, we all received the same notice around the same time. it cant be just coincidence.

i just hope they fix it quickly, whatever it is. ive been in contact with my senator and congressman. nothing they can do until my case is received somewhere.

anyone else have updates on their cases?..

God bless you, too, krisca! Hang in there! We'll eventually get a response from USCIS... I'll let you know when I do...

I think that you're right. . .it's the USCIS fault. . .and I think there's nothing to worry about. . .they probably send our I130's to DOS without approving it first. . .If there is anything wrong I'm sure they will notify the petitioner. . .We're almost there,,just 1 more month and the wait from USCIS will be over. . .God Bless y'all