Request does not meet the expedite guidelines established by USCIS

[fara6674 0]

I requested a USCIS to expedite my case I130, and for reason for expediting I gave them is My business. I told them that I cannot leave my business to anyone in USA, because I don't have such a person. I told them I need to visit my family but if I leave my business I have no other choice but close my business, in that case my 6 employees will loose their job. USCIS replied that "it has been determined that the request does not meet the expedite guidelines established by U.S. Citizenship and Immigration Services." MY QUESTION IS WHAT IS THAT GUIDELINE THAT ARE TALKING ABOUT WHICH I DON'T MET? ANY HELP PLEASE !!!

And I am aware of THIS and I fall under "Severe financial loss to company or individual" But I was trying to know more about their specific guidelines if they have one. Because my situation definitely falls under first category but they still said NO. I want to know why????

Thanks

[Mark and Anna 10]

I am sorry, But I would have to agree with USCIS on turning down your request to expedite your I130. Reading your statement you say the reason you need to expidite is because of your bussiness !!! you having a bussiness and not being able to leave and trust anyone to run your busssiness while your gone is not a very good reason in itself ! their possiably looking at it the same way I see it ! if you feel you cant trust anyone to run your bussiness while your on a short visit to see your family then I would say close it ! now if their was a unexpected emergency like a death or health problem in your family is one thing and expediting i can see, but to say on one hand you cant leave your business and would have to close it and at the same time wanting to expidite to visit just dosent make any sense to me . Maybe have your family get a visitors visa would be better for you so they can visit you so you dont leave your bussiness !

[skiptex 225]

i thought I-130 was to petition relative to immigrate..

i don't see how the expedite of form and you leaving the country are related to this form.

or am i missing something with this.. ?

Edited May 16, 2013 by skiptex

[NigeriaorBust 4,087]

There is no requirement that you visit your family, if you choose to the loss is self inflicted and not a reason to expediate

[fara6674 0]

I am sorry, But I would have to agree with USCIS on turning down your request to expedite your I130. Reading your statement you say the reason you need to expidite is because of your bussiness !!! you having a bussiness and not being able to leave and trust anyone to run your busssiness while your gone is not a very good reason in itself ! their possiably looking at it the same way I see it ! if you feel you cant trust anyone to run your bussiness while your on a short visit to see your family then I would say close it ! now if their was a unexpected emergency like a death or health problem in your family is one thing and expediting i can see, but to say on one hand you cant leave your business and would have to close it and at the same time wanting to expidite to visit just dosent make any sense to me . Maybe have your family get a visitors visa would be better for you so they can visit you so you dont leave your bussiness !

Thank you for your answer,

Well, The thing is, My business is not just a small hot dog shop so I could close and leave it for a month. It is transportation business, and 6 of my employees and several contractors depend on their job and their salary to be paid on time. I cannot just fire them and leave. It is going to be big loss for their families as well. That's why I was requesting to expedite instead of closing my business.

[skiptex 225]

Thank you for your answer,

Well, The thing is, My business is not just a small hot dog shop so I could close and leave it for a month. It is transportation business, and 6 of my employees and several contractors depend on their job and their salary to be paid on time. I cannot just fire them and leave. It is going to be big loss for their families as well. That's why I was requesting to expedite instead of closing my business.

what is your purpose in filling out the I-130?

[Penguin_ie 5,997]

It is difficult to advice without knowing who you have petitioned for.

Couple of options:

- train one of your employees to fill in for you, or hire an assistant manager.

- Get your family to apply for tourist visas.

- meet your family in a nearby country such as Mexico where you can go for the weekend and it is easier for them to get a visa.

[fara6674 0]

There is no requirement that you visit your family, if you choose to the loss is self inflicted and not a reason to expediate

Well, I thought it is not important to state that but my wife and my 1.5 year old daughter is in my home country alone. There are two way or I need to go and stay there or I need to bring them here and we all stay here in US. And I'm not asking for any financial help other than to expedite the process. I'm not just trying to visit them to have some fun. It is not stable place to live for alone mother with little kid in my country. I think I asked a reasonable request but I didn't include above said in my request I thought I didn't have to mention that.

[fara6674 0]

what is your purpose in filling out the I-130?

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

I filed it for my Wife and daughter.

Thanks

[fara6674 0]

It is difficult to advice without knowing who you have petitioned for.

Couple of options:

- train one of your employees to fill in for you, or hire an assistant manager.

- Get your family to apply for tourist visas.

- meet your family in a nearby country such as Mexico where you can go for the weekend and it is easier for them to get a visa.

Thanks for your advises. But I have invested not small amount of budget into this business and it is structured the way that it will require my presence here at all the time. I cannot decide them over the phone as well.

Thanks

[skiptex 225]

well, your not leaving.. so thats out of the question..

so your option now is just to let the process work out..

when did you file the I-130?

[fara6674 0]

well, your not leaving.. so thats out of the question..

so your option now is just to let the process work out..

when did you file the I-130?

No. I have no choice but leave. I thought they will give me an option but they don't care if so many people loos their job. I rather take my investment out of US and make it work in my country.

filed more than 12 months ago.

[Penguin_ie 5,997]

If you are a US citizen and you filed more than 12 months ago, your wife should be getting her interview very soon, there is no need for you to leave the US (though I am sure it would be nice to see her again!).

If you are a greencard holder and waiting for the priority date to become current, that cannot be expedited anyways.

[skiptex 225]

No. I have no choice but leave. I thought they will give me an option but they don't care if so many people loos their job. I rather take my investment out of US and make it work in my country.

filed more than 12 months ago.

OOOOOOOOOOOOOOOOOH>. i get it!!!

you wanted to EXPEDITE the Request to get your Family here .. so you did not have to close your business..

but you were denied

so now, your only choice is.. to Close your business *6 workers lose jobs* and move to your home country and be with your family..

now it makes sense..

is this correct?!?!

[fara6674 0]

If you are a US citizen and you filed more than 12 months ago, your wife should be getting her interview very soon, there is no need for you to leave the US (though I am sure it would be nice to see her again!).

If you are a greencard holder and waiting for the priority date to become current, that cannot be expedited anyways.

Yeah, that is the problem, I'm not a US citizen yet, and it seems it is taking forever for I130 to get processed. it just was my goal to create more working position so others can benefit from that as well. hence it is not working the way I made it on my business plan.

OOOOOOOOOOOOOOOOOH>. i get it!!!

you wanted to EXPEDITE the Request to get your Family here .. so you did not have to close your business..

but you were denied

so now, your only choice is.. to Close your business *6 workers lose jobs* and move to your home country and be with your family..

now it makes sense..

is this correct?!?!

You are totally in the point all the way.