NOA1 Not received after 30 days. File Missing?

[dee&vee 79]

Hello All,

Our attorney sent i130 package on behalf of my wife (Petitioner) and I (Beneficiary) on september 12. In October 1st week, we realized that my wife had forgot to sign on G-28 form and resent that with signed copy. We still have not received our NOA1 receipt notice yet. In fact, neither us nor our attorney have received any kind of notice from USCIS. The check hasn't been cleared either.

We tried calling USCIS several times and they could not help locate any information about our file. We haven't even issued any rejection notice/number if that could be the case. Our attorney says he would contact them and try to resend copies of documents.

Has anybody been through same kind of position before? What steps should I take to resolve this? Is there anyway I can submit a request for them to see if our file has even reached the lock box? Unfortunately, we do not have tracking ID to see of the papers were delivered successfully.

Any help would be appreciated. Thank You!

[Ryan H 3,834]

Moved from Process & Procedures to Progress Reports.

[Dylan'sWife 2]

When my husband first sent in our immigration paperwork, we did not get our NOA1. He called the USCIS hotline and all they could tell them at the call center is that the documents were received. Finally after 3 months we were informed that my husband accidently dent them our copies of the application without the original signatures and that everything was being sent back and we needed to resubmit the documents.

Unfortunately failing to send all the required information in or making mistake such as my husbands can cause some long delays.

ETA. I also don't know how your attorney missed this. You are paying him him/her good money to make this a smooth process.

Edited October 19, 2013 by Dylan'sWife

[Mark88 184]

Your attorney seriously sent all the docs without a tracking number? If you file got lost along the way you will never find out, and have to resubmit everything. If you resubmit everything and the file suddenly reapears, you will have filed the petition twice.

[dee&vee 79]

Your attorney seriously sent all the docs without a tracking number? If you file got lost along the way you will never find out, and have to resubmit everything. If you resubmit everything and the file suddenly reapears, you will have filed the petition twice.

I know, Stupid mistake.

Can we re-sent our application now though? What if the petition gets filed twice if previous file appears? Do they automatically cancel either petition or do we have to notify them of it?

[Mark88 184]

I know, Stupid mistake.

Can we re-sent our application now though? What if the petition gets filed twice if previous file appears? Do they automatically cancel either petition or do we have to notify them of it?

If your lawyer did this, it was way more than stupid. You are paying him for not having to worry and take care of these things. I would fire him and get my money back. Even if the forms seems confusing at first, they are straight forward and most people can do the process on their own. Only extreme cases (i.e. petition for a a spouse who previously was deported) really need legal assistance. I hope this might help you for your next petition. VJ can help you on a lot fo issues.

Can we re-sent our application now though?

Yes.

What if the petition gets filed twice if previous file appears? Do they automatically cancel either petition or do we have to notify them of it?

You will have two petitions running with USCIS. Just call/write them in this case. They will either merge, or cancel one of the petitions. Since you will only find out once both are in the system, you can't avoid paying the filing fees twice (unless you have the possibilty of cancelling the cheque for the first petition. This way it will automatically be sent back to you).

Edited October 20, 2013 by Mark88

[Darnell 8,479]

not using tracking info,

is a 'freshman mistake'

so, IMO, already, you have the wrong lawyer.

Please realize VJ is a DIY site, with an emphasis on Y actualling D'ing.

[dee&vee 79]

If your lawyer did this, it was way more than stupid. You are paying him for not having to worry and take care of these things. I would fire him and get my money back. Even if the forms seems confusing at first, they are straight forward and most people can do the process on their own. Only extreme cases (i.e. petition for a a spouse who previously was deported) really need legal assistance. I hope this might help you for your next petition. VJ can help you on a lot fo issues.

So I just got back update form him. He has sent the package again and we are going to wait couple weeks to see if it gets approved. The package has G-28 in it. Does that mean all forms (Of-169 form, Of-230, I-864) in future will be sent to attorney instead of petitioner? We just don't want him to handle anymore forms for us.

Also, thank you for your answers.

[RedPepper 9]

So I just got back update form him. He has sent the package again and we are going to wait couple weeks to see if it gets approved. The package has G-28 in it. Does that mean all forms (Of-169 form, Of-230, I-864) in future will be sent to attorney instead of petitioner? We just don't want him to handle anymore forms for us.

Also, thank you for your answers.

I suggest you fire your lawyer now, UNLESS your petition has a "complication" that only the lawyer can help you with.

My husband was paying an accountant-lawyer too--he feels safe and secure this way but half of the time since my papers got to NVC and I met VisaJourney, I argue with my husband how things should be done against the lawyers advice!!!

Believe me, the lawyer didn't know how things are done. He didn't even know that the DS230 and DS3032 is already useless since September 1, 2013! We sent the paper work, but I accomplished online DS260 and DS261 on my own--against THEIR advice, saying it will complicate and delay things--and my husband later found out I was right.

Hahaha! And if he listened to me, I should already be scheduled for an interview now!

I am pretty sure the lawyer is in it only for the greens, they do not really care.

And my guess is, he is as "lost" as you are. His secretary could even be the only one working on your case, for all you know and you are paying him how much? $$$$$ such a waste.

Good luck on your petition!