Upcoming Podcast on Family-Based Visas

[pachacuti 154]

Hi guys. I have been listening to a podcast called Immigration Hour http://www.americaswebradio.com/showpages/immigrationHour.php

Today I approached the Law Firm that puts this podcast out and suggested that they do an hour on Family Based Visas and our concerns. He was enthusiastic about such a podcast and says that he will make it one of his next two podcasts. I also asked if I could ask my fellow VJ buddies for questions that they would like addressed, and he said that he would be glad to answer ALL questions asked.

So, what do you guys want to have addressed on such a program? Post here, let's discuss relative merits of the questions and then I will collate and post the ones I think should get asked, giving y'all time for feedback to keep me in my place...

Moderators, should this be somewhere else? If so where? Can I cross post on other forums or would that be frowned upon?

Mark

[Sheepwalk 12]

Hi, it took a while to come up with how to ask.

I'm writing with my fiance in California.

Thanks for the notice, I hope these questions are relevant.

1.

Discrepancies in USCIS stated numbers:

Is there any way to make the agency present numbers to reflect reality so K-1 filers could expect when they will get their approval?

As we know, California Service Center is processing July I-129F petitions from last December. It's 5 months now, which suggests they aren't really working on K-1. When we filed in February their Processing Timeframe was 5 months, and the Processing Times from case status page was 5.5 month(s). The Processing Times changed later to 6.6 month(s) and now to 7.5 month(s). If you were a July 19th filer, you are already waiting for 8.5 months but won't be able to require a service request as USCIS will tell you " your case is within normal timeframe".

From USCIS' National Processing Volumes and Trends site, CSC I-129F backlog is 11,898 and completion is 574 for January 2013. If my understanding is correct, and with the current processing rate, simple calculation shows it will take 20.72 months to clear the backlog.

Furthermore, Vermont is processing K-1 now at 5-6 months. CSC is at 8-10 months average from what we hear from VJ members.

Some VJ members were told by USCIS staff over the phone to allow for 1 year for adjudication.

With these facts in mind, can we call this process fair and transparent?

Isn't this causing such an uncertainty to add to the waiting?

2.

CSC is causing undue pain to I-129F filers:

Could there be an oversight system to make USCIS process all/ most of all the cases within the stated national goal of 5 months?

It seems that DACA cases are given top priority at the expense of I-129F. USCIS started K-1 and K-3 visas so that loved ones don't have to be separated for a long time. Now it's failing to attain the goal. Many filers cannot plan their holiday, work, school, living etc. because of the opaque procedure from CSC. For instance, we read on VJ that many filers with children aren't able to plan for the next school year. Altogether, it's causing such huge economical and mental loss. People are fighting depression every day after passing the 5 months national goal.

As for my case, I was diagnosed premature ovarian failure(POF) after engagement. It means my ovary decided to close down. It'll stop functioning soon. My dream is to have a family with kids... I cannot start full-fledged treatment such as external fertilization when I'm still unmarried and never tried to become pregnant. How can I explain to doctors? This is tormenting me for all the efforts not to think about it.

People have their own situation and reason. From humanitarian standpoint, CSC shouldn't be allowed to prolong the procedure beyond the national goal at its disposal.

We would like to require an oversight by a third party to balance workload and personnel so that ALL the visa types are processed according to the national goal.

Edited April 7, 2013 by Sheepwalk

[paws057 9]

Hi,

Yes there is one question I would like to hear the answer for. Why in the world does a NON US citizen get more and faster service from our government than those of us that pay taxes and are US Citizens? After all they call them 'Illegals' for a reason.

[pachacuti 154]

Thanks, y'all. Keep the questions coming in. We will see which ones they answer... he did say "all"...

[pachacuti 154]

Here are my questions:

We are apparently able to file a writ of mandamus if our cases are not being processed in a timely fashion. What is the actual definition of "timely"? Is there one or can USCIS simply continue to let their own defined timeliness slip arbitrarily?

Related to the above, it is clear that USCIS is failing in the spirit of the law that created the K1 visa type to avoid lengthy separation of the families of US citizens. If they are not failing in the letter of the law, what are the chances of bring a class action lawsuit to force this timeliness issue to the fore and establish clear guidelines? Or is this not really a possibility at all?

What do you think?

[Sheepwalk 12]

Ya, was thinking of class action too.

Timely means no more than the stated national goal of 5 months, it sounds.

I hear Japanese immigration processes marriage-related visas in 1-3 months. Compared to that, aren't we such generous customers?

[Rob & Rachel 24]

My questions are:

Other than the letter writing and phone calls, is there anything else we can do that would actually make an impact?

Is there anything our foreign fiance(e)s can do as well?

What legal rights to we have with dealing with the delays in the process?

Is an immigration lawyer able to speed things up?

People dealing with this have had different successes and failures with their congress members. What advice can you give that might get their attention and get them to take action?

[pachacuti 154]

My questions are:

Other than the letter writing and phone calls, is there anything else we can do that would actually make an impact?

Is there anything our foreign fiance(e)s can do as well?

What legal rights to we have with dealing with the delays in the process?

Is an immigration lawyer able to speed things up?

People dealing with this have had different successes and failures with their congress members. What advice can you give that might get their attention and get them to take action?

These are good. Thanks

[jft 12]

People dealing with this have had different successes and failures with their congress members. What advice can you give that might get their attention and get them to take action?

Get to know your MOC personally if possible. I attend campaign events, donate small amounts of money to the campaign so I get on the donar list, I also attend town halls and if my MOC is walking in a parade I will be there to carry a sign and wear his T-shirt. Once you are a known supporter you'll find it much easier to get some personal time with your MOC and when you do make an inquiry or request help you are not a name without a face but a real person to your MOC. Will it help in this case? Hard to say but it can't help and the investment of time and money doesn't have to be that great so it can't hurt either.