Opinions on whether a lawyer can help with this

[MPGGPM 0]

I wrote a previous thread explaining how USCIS has not budged on my request to have my I-130 transferred to the embassy overseas where my wife is at. And for the past year, all I have seen is the following online, with the last "touch" in late March 2005.

Your I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was received on March 22, 2005. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

I also mentioned how I have contacted BOTH senate offices in my state, and although they have tried to help (one has been trying for 7 months now, and the other was contacted last month and said they would look into this issue, but I have not heard back from them yet)...they have not been able to get a definitive response on this from USCIS.

I am just trying to find out how to proceed. Calls to the 1-800 USCIS number are pointless and very frustrating. No one saves any information, and so each call I have to start from the beginning every time. I feel like I am going in circles. Also no one will give you their name, any extension to call back, or give you the name of anyone who has handled my file etc.....I often feel like I am calling the CIA rather than USCIS with all the lack of information they will give out.

I have been told that my files are still in Missouri, however, there is no explanation of why they are still there after all this time, and also there is no number to call. (I find that part ridiculous...that the place where so many files are does not even have a phone to call!)

I could go on and on about the frustrations I have had in dealing with USCIS, or the many other silly aspects of US immigration law, but the bottom line is, I am stuck dealing with them since there is no other place to turn.

So, the only thing I can do is keep pushing on.

As I mentioned in my previous post, my wife went back to her home country to serve her 2-year J-1 residency requirement. However, she has already been there a year and the paperwork at USCIS is not moving and I am getting concerned. Being separated for 2 years is tough enough without having to deal with the fact that her paperwork, after being apart for 2 years, might STILL not be done. Either because USCIS lost my file, or some other reason.

I have hesitated to hire a lawyer for this. I am a very persistant person and do not give up easily. I have spent countless hours on the phone to USCIS, or have written many letters/emails to US congressmen for help (although 99% of them just basically "pass the buck"....and send my request back to the senators from my state.)

I have also started sending letters to Missouri (I am very frustrated that I can not directly call them and do not know how they can get away in this day and age by not having a direct phone number to call). If I have to, I will bombard them with mail every day until I get a response.

But, even as persistant as I am, I have come to a point where I am beginning to feel that all I have tried for the past 7 months has gotten me and my wife no where. This agency is the most frustrating and disorganized agency I have ever dealt with.

I am asking for opinions on whether a lawyer could do anything more than I have, and can help. I have read from others that lawyers really don't do anything more than fill out the forms and mail them in etc.

If this is true, and they do not have any "inside" connections, then I have to wonder if the $2000-3000 I would pay them would really be worth it.

But I am at my wits end.

In the meantime, I can only hope that one of the 2 congressional offices will find out something, or that eventually, USCIS will respond to the inquiries and letters sent.

It is just incredible that after 7 months, it has taken all this just to get a "response" from them. I guess this is what happens when a beaurocracy becomes so huge, and the customer service so poor (I mean , really...they can't even attach ONE phone for us to call Missouri? It's preposterous.......)

Will hiring a lawyer help in a case such as this?

Thanks

P.S.....in my original post, I asked about filing TWO I-130's to see if that would get this moving. I didn't care about the extra money in filing another. I just want to get this over with, and for the paperwork to be ready when my wife's time is up. I was told that I could file another I-130 by an immigration officer at USCIS. Of course, with the experiences I have had in dealing with them, I have learned that you will often hear an answer one day, only to hear someone else totally contradict it the next. That is exactly what happened here. I am skeptical enough about them, that I called the next day, and sure enough....another immigration officer told me the exact OPPOSITE! She said if I filed two I-130's, it would create a problem.

Had I been more trusting, I may have done just that based on what the first person told me.

So, now I am back to square 1........and very frustrated.

[jula 0]

Hi MPGGPM,

USCIS offices have an officer designated as liason with the lawyers. A lawyer can make a contact and hopefuly find out what's going on. Good luck

[scy 0]

What exactly do you want to do? File for adjustment of status or an immigrant visa for your wife? You said you want to be ready for your wife after she serves her 2-year J-1 requirement. So I take it to mean you want to adjust status for your wife when she returns to the US on a J-1.

Or do you want to petition for an immigrant visa for your wife to return to the US.

Why do you want to transfter the I-130 to an embassy overseas? Has it even been approved and has it gone through the NVC?

Please clarify what you want to do.

[aussiewench 9]

Im a little confused on this as well

If the I-130 was approved and forwarded onto NVC for the processing there. It is from NVC that the I-130 is then forwarded to Embasssy. Calling the 1800 number for USCIS wont get you anywhere if that is what you are trying to do.

If there is still a year or whatever on the 2 year home residency requirement, it is my understanding that NVC will not process until such time that the home residency requirement has been met as until that stage your wife wouldn't qualify for the visa.

Thoughts anyone????

[babybunny 2]

I agree wit aussie and if you file 2 I-130 petitions you will be causing yourself more grife because, the 1st petiton still needs to be decided on.

[MPGGPM 0]

The problem is that I have not been able to get ANY feedback, either way. The application has not been approved OR denied. The problem is that it has just sat there in Missouri for nearly a year.

My original post was a few weeks ago, so I'll repeat briefly what originally happened. But my main concern, and my main question at this point is still....................whether or not this is an issue that a lawyer is able to help with, or should I just keep trying to proceed on my own, which no matter how much effort I have put into this, I have seemingly gone nowhere.

My original application contained contained an I-485, and I-765 and an I-130. it was sent to Chicago.

I went on the advice of someone my father knew in Miami. He had a connection to a paralegal familiar with and who aids many of the latins who come through Miami. (I don't blame him...he was just trying to help)

Unfortunately, there were 2 main problems. 1) Her english was awful......and my spanish vice versa....is not so great itself. I tried in vain to explain to her our situation, and that, not being very knowledgeable about these issues at the time (I have since learned quite much...the hard way unfortunately) when I told her that i had read and heard that my wife would have to file some kind of "waiver" in order to remain here in the US, she just told me that it was not true and that the she did not have to file any such thing since she was married to me. All she needed to do was to file a few papers.

2) There are too many issues regarding the reason why we felt it best for my wife to leave and serve her 2 year residency to explain them all here, but needless to say, there was some miscommunication between the paralegal and us, and she apparently misunderstood my wife was going to return to her home country, and so she filed the papers/application as though she was in the USA and going to remain.

Obviously.............by filing everything together....the I-485..the I-765...the I-130........it complicated matters. I have since spent MUCH time trying to correct everything and to have the I-130 transferred to the embassy in her country. I also, to avoid any future complications, asked to withdraw the I-485..and I-765.

At this point, it appears as though USCIS has ignored everything I have tried to do. On top of the information regarding my I-130....the I-485 STILL appears to be active, even after several requests to withdraw it.

This is what it says in regards to the I-485...

On August 18, 2005, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

The "response" they are taking is about...was a copy of my USA passport, and birth certificate. With that packet , however, on the TOP...I had attached the letter with instructions to withdraw it, and to have the I-130 transferred.

By the case status....even after all this time, they appear to have ignored my request.

For the I-765 (which I also aksed to be withdrawn),....it says...

Your I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION was received on March 22, 2005. We mailed you a receipt with information about processing. It is taking between 30 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

I am very frustrated by all this. The biggest problem in trying to fix this is obviously the fact that I have such difficulty being able to contact the people in charge. The second problem is the fact that everything thing in regards to USCIS appears to be "centralized", and these files are all sent to a few places in the US, and stored in huge warehouses.

Things would have been SO much easier if the immigration system in the US was "localized", and I could just walk into the local office here in Orlando. But since the files are sent to a central location...and one that is near impossible to contact, this process is so difficult to fix.

I COULD just withdraw EVERYTHING...including the I-130 , and start again. However, seeing as they have not even responded to the many requests I have sent in already (including the ones asking to withdraw the other 2 files), I may be waiting on them for a much longer time.

The I-130 , when approved, could be sent to the US embassy, and an interview set up for my wife. True......she may have to wait until the visa is granted, HOWEVER, by starting the process before her time expires, I can ensure that the wait will be MUCH shorter, and hopefully when her time is up, the wait will be very short, and she will be able to be with me in the US again.

It is a very tough issue, and the things we have had to deal with this past year, have been emotionally tough. (even just trying to get a visa for her to be able to VISIT me was a challenge, and quite nerve wracking). Not to mention the fear we both live with each time she flies here to visit me, that she may be turned away at the POE. (ridiculous as well...that I...as a US citizen......have to even deal with the fact that my own wife...could be turned away from from the USA.....like she's a common criminal or something. It has not happened yet, thank god...but still, we have that worry each time she visits). I have a hard time understanding many of the things that happen in regards to immigration, and why more people don't complain about them.

If we did not have such a strong relationship, I am sure these issues would have really worn on us both. The ability to bring two people together, who love each other so much, should be a MUCH easier process in this country. There REALLY needs to be a lot of changes made.

In the meantime, I am in the middle of something I have spent months, and many hours, trying to fix.

Which is why , reluctantly, I am ready to just give in...stop trying to handle and repair things myself.......and hire a lawyer. But before I do so, i want to be SURE I have tried and done everything. And, be sure hiring a lawyer would be worth it , and not just a waste of money.

But with barely a year left for my wife to come back, I feel I am running out of time and options. I just want to get this done.........and for her to be back home where she belongs.

[meauxna 15]

Have you ever made an InfoPass appointment and spoken to an officer in person about this?

[MPGGPM 0]

Have you ever made an InfoPass appointment and spoken to an officer in person about this?

I thank you for this last reply and bit of information. It was very useful. I just made an appointment for March 13 to speak to an immigration officer.

[meauxna 15]

Have you ever made an InfoPass appointment and spoken to an officer in person about this?

I thank you for this last reply and bit of information. It was very useful. I just made an appointment for March 13 to speak to an immigration officer.

Great!

You may have better luck pleading your case to a human, face to face. And the officers there can actually take action, unlike many of the phone drones.

I had a very positive experience getting movement on our case by going in person. The officer took the initiative to make a couple of phone calls while we waited and we had our result inside of two weeks. Use good humor and human relations to win them over to your side as best possible.. IOW, play humble, take responsibility for messing it up and plead for assistance to rejoin your new bride etc etc. There actually are humans working there, and you will catch more flies with honey than vinegar.

etc etc... I'm not suggesting you'd do otherwise, just my two cents

Your case is prolly still at MSC due to backlog in our DO. Filing a 2nd I-130 is not a deal-killer, IMO. It may be the most logical response. The other petitions & apps will die a natural death if neither of you responds to them, and a 2nd I-130 will go to the Service Center anyway.

[cmartyn 0]

At this point, Id just withdraw it and file a new I-130 and K3 application and be done with it. Whatever problems it may cause it could harldly be worse. You have a simple and believable explanation for the withdrawl of the original petition. I dunno, thats just me. Moving your I-130 to the CSC or wherever it needs to go, will not help speed it up. I doubt it will get any special priority and to top it all off, it will not even be filled out corectly and may be delayed further after it is approved because it isnt filled out properly.

Edited February 27, 2006 by cmartyn

[Fischkoepfin 1]

I'm not a lawyer but here's what I think: Since your wife has left the country, you need to withdraw the petition. You have filed for Adjustment of status due to a family petition, but now that is not a possibility anymore and the infromation on your immigrant petition is thus wrong. Your petition is most likely not being processed because USCIS is waiting for clearance on the J1-requirement. A lawyer will not be able to change that nor will a congressmen because the error is on the original petition.

So, what I would do is call USCIS and ask them what you have to do to withdraw the petition. Once that is taken care of file another petition and send it to the appropriate service center (Missouri only approved petitions send for relatives in the US). Make sure to check the box on top that asks you whether or not you're filing for an immigrant visa. Attach an explanation concerning the J1 and mention that your wife is in her home country to fulfifll the requirement but that you decided to file now because so that she can return as soon as her time is up.

One last word, your wife should not have left the country but filed for a J1-waiver if she were eligible to receive one. You might consider having her file for a waiver at the appropriate consulate in her home country asap because it will speed things up if she receives it and it would allow you to possibly file for a K3; at the very least, it would make the whole process faster. PM me if you need info on J1 waivers.

[dmartmar 1]

If there is still a year or whatever on the 2 year home residency requirement, it is my understanding that NVC will not process until such time that the home residency requirement has been met as until that stage your wife wouldn't qualify for the visa.

Aussiewench is right. Until your wife completely meets and fulfills her 2 year J1 residency requirement, the Agency won't look at, much less process your paperwork. Withdrawing the current I-130 and submitting a new one won't do anything to speed up the process either.

HOWEVER, by starting the process before her time expires, I can ensure that the wait will be MUCH shorter.

Again, nothing will be processed until AFTER her requirement is fully met.

Hiring a lawyer will be an unecessary waste of money, as he will tell you the same.

Edited February 27, 2006 by dmartmar

[dmartmar 1]

One last word. Your wife should not have left the country, but instead file for a J1-waiver, if eligible to receive one.

Why not? How would leaving affect her? Are there any implications or bans for doing so, assuming she left without AP and during AOS processing? Just curious, as I have gotten very different and mixed answers to these questions before.

Edited February 27, 2006 by dmartmar

[aussiewench 9]

One last word. Your wife should not have left the country, but instead file for a J1-waiver, if eligible to receive one.

Why not? How would leaving affect her? Are there any implications or bans for doing so, assuming she left without AP and during AOS processing? Just curious, as I have gotten very different and mixed answers to these questions before.

In the context of the rest of the sentence, if a waiver of the 2yr home residency requirement had been sought and granted whilst the wife was in the US, the filing of the I-130, I-485 etc would not have caused the issues that the OP is describing. Fischkoepfin is suggesting that the OP have his wife apply for the waiver now and if approved and IF the OP is intructed to file another I-130 through a service center that it can procede through the process without being held up again to fulfill the home residency requirements.

As for your question....its not really that complicated.....and USCIS clearly states what may happen if one leaves the US without AP while an AOS application is pending...

Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.

Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

[MPGGPM 0]

One last word. Your wife should not have left the country, but instead file for a J1-waiver, if eligible to receive one.

Why not? How would leaving affect her? Are there any implications or bans for doing so? What if the immigrant left without AP, but during AOS processing? Just curious, as I have gotten very different and mixed answers to these questions before.

He must be saying that because under many circumstances, people do file for waivers in this situation. However, as I wrote above, a lot of thought was put into this decision, and my wife leaving to serve her 2 year residency abroad was a decision we had to make.

As for USCIS not "looking at my paperwork" , that is incorrect. I have asked and looked into this question many times, and when I visited my wife in her home country, I called the embassy there and discussed this matter with them. It is not a matter of USCIS not processing it as much as it is a matter of the visa not being granted until her 2 years have been served. HOWEVER, I can file ahead of time, and the embassy will just hold her application until her time has been served and we schedule an appointment.

Q: May I file for an I-140 (Labor Certification Petition) petition or I-130 (Alien Relative) petition while under the J-1 Foreign Residency Requirement?

A: Yes. Filing either an I-140 or an I-130 does not affect your status. Both allow you to obtain Permanent Residency Status in the future. For example, a person can obtain I-140 approval and then return to his/her home country and after completing the Foreign Residency Requirement, he/she is eligible to apply for permanent residency.

That was just one example of information regarding this issue.

In fact, we actually had a k-3 filed (yes...one more extra bit of paperwork that was filed to compound this issue , by the paralegal in Miami, whom after hearing that my wife had left, said.."no problem......we can just file a k-3...")

Again, we trusted her , and had her file it, and in fact, it was over the summer when I was spending time with my wife, that we actually recieved the approved packet and it was just a matter of scheduling an appointment at the embassy and getting medical clearance.

We obviously did not proceed with it, for reasons well known now. In fact, it was when I decided to, on my own , to start looking at information regarding immigration procedure and to gain more knowledge on these matters, that it was ME....who actually had to hand the paralegal information I got from the web, and copied in order to show HER.....that my wife was not eligible for a k-3 and that she should never have asked us to file one.

I only wish I had not had such confidence in the paralegal to start with and had done the research on this earlier, BEFORE all the mistakes were made. But when someone who "specializes" in these issues, keeps insisting to me that she knows what she is doing and that everything is fine.......I tended to believe her.

I have since learned to be much more skeptical of lawyers/paralegals since then......and that's why I wrote asking for opinions on whether a lawyer could help with this because after my experience with the paralegal, and all her "assurances", I will be very cautious from now on and much more hesitant to hire one.

I think the most important question now, and the first one I will ask the immigration officer when I speak in person in March will be......"should I withdraw everything and start over....or is there hope in continuing with the I-130 I have already applied for"?

I can only hope that speaking in person will get more accomplished and get this process moving again.