After RFE no case status update

[asdfg 18]

My I-130 was approved a month after the interview.

Response to RFE received by local office 2 weeks ago (have evidence of

delivery/receipt).

However, as of today the case status still shows "RFE issued - case is on hold" and no update

with "RFE received and case is resumed".

I called 800 and they said wait 60 days after response for any update.

But I am a bit concerned. I know once case status changes to "RFE response received" then

it may take up to 60 days to get any updates.

But in my case there is no case status update that RFE response was received.

Is it normal for case status not to be updated by Baltimore office after response to evidence request received and nothing to be concerned about?

Had anyone from Baltimore office have similar experiences?

Thanks for reading and your advise would be greatly appreciated.

[ichigo85 6]

You should have a number that you use to check your petition, and then one to check the AOS for wife/husband. I did not realize this,

so my case never made it past initial something.. Can't remember. But yeah, I got an RFE, too.

[asdfg 18]

You should have a number that you use to check your petition, and then one to check the AOS for wife/husband. I did not realize this,

so my case never made it past initial something.. Can't remember. But yeah, I got an RFE, too.

I have "portfolio" on USCIS.GOV electronic case status page.

I get emails whenever the status changes or if there is any LUD or any case update.

My case is in final stage of the adjudication (not initial RFE but post interview RFE, after I-130 has been approved).

My concern" after response to RFE was submitted (I have evidence of delivery and receipt by USCIS) the case status never was updated, no LUD and no usual "response to evidence received, case processing resumed" update.

Is this normal for RFE response not to reflect on LUD?

My RFE response was submitted to Baltimore, MD local USCIS office (not to VT, TX, CA or MO service centers).

I called 800 number and they said wait 60 days and the local office sometime doesn't update case status, but I am worried they may have lost/misplaced the response and therefore case never was updated.

Is it normal for local offices not to log/LUD after they receive a responce to RFE?

[asdfg 18]

Still no update on a case. Ridiculous!

[asdfg 18]

Went to infopass.

Infopass: How mat I help you?

Me: Can you update on the latest case status?

Inforpass: What did they ask you ? (LOL Infopass asking ME what was asked of me, she

is sitting in front of a computer where she enters my info to pull my case status)

Me: They asked me for an arrest record, but I have never been arrested....

Inforpass: [interrupting you] Right, because they need to know

Me: But, the officer changed my answer to YES during an interview due to traffic ticket... ( I try to correct that I HAVE NEVER BEEN ARRESTED, I NEVER ADMITTED TO HAVE BEEN ARRESTED)

Infomass: [interrupting once again] You have to provide them court certified papers they requested of you (looking at RFE I gave her as case reference) and they will work on it.

Me: I have NEVER been arrested, I have NEVER been convicted of a crime, my ONLY offense were

traffic and NONE were drug/alcohol related nor I was penalized $500 or above...

Infopass: But SHE (referring to IO who has to review my responce to RFE) doesn't know that.

We got your package on XX/XX/2012 and you have to wait 120 days before we pull out your file

and find out what's going on.

Me: [at this point I understand that it simply doesn't matter what I try to explain , nor she feels bound by law/INA to give me accurate response, correct administrative error or be in any way sympathetic to my concern] So, I can't make any inquiries before 120 days AFTER you received response to RFE?

Infopass: That's correct.

Me: Thank you and have a nice day!

Infopass: You do the same!

============================================

Called my lawyer ( a good lawyer, promised to do inquiry next week).

I also contacted Attorney Carl Shusterman of shusterman.com, asked about bringing WOM suit

against USCIS in District Court. Advised to give USCIS two more months before taking any action....

Waiting game begins.

[asdfg 18]

Found on internet (may be very helpful for all those got stuck due to incompetence, stupidity, laziness or prejudice of an under-trained, underpaid , uneducated USCIS IO).

Steps to take to file a lawsuit:

1. Contact your Federal District Court and ask for a Civil Case Pro Se package.

2. Read it and follow the instructions.

3. Prepare a lawsuit on Microsoft word. Print it and sign it.

4. Get a Civil Cover sheet and fill it out.

5. Call the court and ask to speak to the clerk...explain your situation and listen for advice.

6. Either mail in or drop off the papers [complaint (with exhibits if any) + cover sheet]

7. The court will send you a summons with your case number.

8. Make copies of the summons and your complaint. (one for each defendant and an extra copy for the US attorney in your district)

9. Put the case # on all copies.

10. Serve the complaint + summons + exhibits if any via CERTIFIED MAIL RETURN RECEIPT REQUESTED on all defendants and the US atty office. Call the US ATTORNEY and get their address and the right department you should send your complaint to.

11. Wait for the return receipt. The 60-day count starts from the date shown on the receipt received from the US atty.

12. File the return receipt with the court, and send a copy to the US atty office.

13. From here, everytime you file something with the court, send a copy to the US attorney and file a Certificate of service with the court.

14. 2 weeks before the expiration of the deadline, call the US atty, introduce yourself, and ask about your case.

15. Hopefully they will take action on your case and most desirably approve it.

When you file a lawsuit, with your complaint, you have to introduce a Civil Cover Sheet, Basically this allows the court's clerk to classify your case in the system. All immigration lawsuits are filed under code 890 for Nature of Suit. Make sure you use your district court's cover sheet. You may download it online.

[asdfg 18]

From the internet (a post of successful applicant who sued USCIS in US Federal Court):

On **/**,****, I filed a Lawsuit against United States Government "Writ of Mandamus" in Federal District Court for delayed processing of my Green Card Application. I sued the following agencies and their officers:

1. Michael Chertoff, Secretary of the Department of Homeland Security

2. Emilio T. Gonzalez, Director of USCIS

3. ROBERT S. MULLER III, Director of FBI

4. GREGORY W. CHRISTIAN, Director of Nebraska Service Center

5. Alberto R. Gonzales, United States Attorney General

Quite frankly it was a very bold move on my part. But I was so frustrated and agitated that I thought it must be do or die time. When I went to the court house, the court clerk looked at the Lawsuit and then asked me if I was sure I want to sue so many Government officials. And I said with a big grin: “Yes I do”

Today on XX/XX/XXXX, I have received an email 3 times that a welcome notice was mailed….

I am not just happy for having my application approved as it was long due anyway, but the thing that gives me a real high is to take up a fight for my rights with whoever it is; even if it means a formidable Government agency. I think this country is all about justice and making sure that you get your rights. Therefore I would encourage anyone, who thinks that his/her rights are being violated, to speak up. Because your silence will not give you any benefit.

Edited July 30, 2012 by asdfg

[Hypnos 6,576]

Have you tried the DHS Ombudsman?

http://www.dhs.gov/xabout/structure/cisomb.shtm

[asdfg 18]

Have you tried the DHS Ombudsman?

http://www.dhs.gov/xabout/structure/cisomb.shtm

Not yet. Thanks for the link!

I will proceed methodically.

First INFOPASS and service requests (done already).

Then contact my representatives to make an inquiry,

then Ombudsman, then WOM.

But I may start working on Ombudsman letter now.

[Hypnos 6,576]

You can submit Ombudsman requests online as well, the details are on the site.

Congressional enquiries can also be useful. I unfortunately had to ask my representatives for help on Friday as well, and received a reply from my congressman's office the same day indicating that they had submitted a request to USCIS on my behalf. No reply yet from the Senator that I faxed at the same time.

I may have to go the Ombudsman route as well if I do not get results from that.

Good luck to you.

[asdfg 18]

You can submit Ombudsman requests online as well, the details are on the site.

Congressional enquiries can also be useful. I unfortunately had to ask my representatives for help on Friday as well, and received a reply from my congressman's office the same day indicating that they had submitted a request to USCIS on my behalf. No reply yet from the Senator that I faxed at the same time.

I may have to go the Ombudsman route as well if I do not get results from that.

Good luck to you.

Thanks! I'll definitely follow up with Ombudsman.

Also go to trackitt , there are posts by user penguinA (type trackitt penguina in google search, his/her thread will come up first).

penguinA went directly to Representative's/Senator's office and rep's office had USCIS liasion personally hand the file to the adjudicator at USCIS to process the case. User wrote at length about it on trackitt(read it).

Also, a lot depends on what your Reps/Senator's stand on immigration matters is.

Good luck!

Edited July 30, 2012 by asdfg

[asdfg 18]

I am doing WOM - USCIS will have 60 days after filing to answer the Federal Judge why it shouldn't be granted.

Will give may be couple/few more weeks to USCIS to make a decision, by that time I will have results of Congressional Inquiry (already sent requests) and will have formal request for assistance filed with Ombudsman (working on it now).

The next step is W.O.M. (not to suggest anyone, but I will proceed with the lawyer. I have read that many went alone, and had success but I'll just feel better having someone next to me who had represented cases before US Attorney and Federal Judge before).

I am doing extensive research now. Will post as much as I can about W.O.M. and I-485 (I know it's different from WOM in N-400 where there is 120 days rule).

Question to mods: If I find threads on forums can I post links to or no?

I do not want to advertise here any other immigration forum , so if that's "no go" then I'll post other information/links. But some of it is collected under multi-page 'sticky' threads and it would be difficult to

copy-paste all the searchable data posted by another user under his/her thread somewhere else.

Also, my WOM crusade will be much different from those filed before 2008 and in two respects.

One, I am sure it won't involve "stuck in FBI check" issues. I am not stuck in FBI

name check, they had to do both FBI and IBIS check during AOS processing and before the interview.

And, since 2008 USCIS memo FBI namecheck backlog is no longer an issue.

Two, because AOS case processing times have (at least officially) significantly decreased since mid 2000's, you no longer have to wait 5 to 8 years before you can bring WOM case to Federal Court.

Mine (timewise) will be based on reported by USCIS processing time-charts and failure of USCIS to abide by their own posted 'maximum processing time' (for each field office they post the earliest date case was filed which was being processed on last day of the specific month).

Remember: any time AFTER that is BEYOND the reasonable/expected processing time and you ARE eligible to file W.O.M. case.

I encourage all of you who are in similar situation (passed interview, submitted all required evidence yet USCIS threw your file into black hole and refuses to make a decision) to post and share your timelines here, your experience , which field office you got stuck in, what was the reason and whether you also plan to file WOM.

We can get together and help each other a lot , we can also organize a sort of a class action WOM suit if it involves the same field office, so get the word out and let anyone get together and discuss how we can do this the best.

REMEMBER: The laws are fair and make sense and USCIS is a public office in SERVICE of public needs, they can't just do "whatever they want" if there is no legal basis for it.

If any of you have press contacts even better: USCIS HATES BAD PRESS and will walk upside down to avoid it, so more bad press we can bring on this is better. It's lower levels who screw things up and higher ups will kick their b.utts if exposed, so let's do some good citizenry work (even though we are not yet US Citizens, but it shall be a good practice and start).

Everyone, feel free to post, ask, share. I may actually create separate thread for this since I can't change the title of the thread, but will keep it as is for now.

Good luck for everyone and let's take this legal battle to Federal Courts!