Eleven months after NOA1 and nothing - should I worry?

[sk23 7]

Hi everyone,

 

I sent my i-130 package last February and received the NOA1 from Nebraska Center on March 10, 2016. It's been almost 11 months since then, and nothing. We are applying from Canada.

 

The receipt number is not recognized by the USCIS web-site. I called them three times, every three months or so, and got a callback from the immigration agents. They all were blaming the election, said that the website tracking is 'hopelessly behind' and that there's nothing to worry about. However, I suspect that they may have been giving me a generic answer; I can't tell if they really looked at my case. Last time was in November, and they told me to definitely expect the NOA2 in December or January. Well, January is almost over, and still nothing is happening.

 

Is this a cause for concern? Are there other channels of information I could use to find out what is going on?

 

Thank y'all,

Sebastian

[agripa 100]

1 hour ago, sk23 said:

I sent my i-130 package last February and received the NOA1 from Nebraska Center on March 10, 2016. It's been almost 11 months since then, and nothing. We are applying from Canada.

Your are WAY behind normal processing deadlines. Nebraska, according to their very own "official" estimates, is processing applications with a priority date of July 2, 2016. More over according to VisaJourney's immigration timeline tracker nearly everyone from March 2016 has been approved; more over many people on the July - September I-130 flier threads have already been approved. Here are concrete steps you need to take right away --

1. Call the National Customer Service center and ask to speak to a Tier 2 representative. Don't let yourself be pawned off on a regular customer service representative. Insist on speaking to a Tier 2 representative. This will take some persistence, but keep on it. When you finally get through tell them you're WAY behind normal processing deadlines and ask for an immediate update on your application. They will like ask for a supervisor review of your application, try and get them to give you a concrete date by which they will get back to you.
2. I notice you are from California. Contact Senator Diane Feinstein and Senator Kamala Harris and tell them your application is way beyond normal processing time. Senator Diane Feinstein has a convenient form for you to fill out and fax to her office. Follow up with a phone-call to each and ask to speak to their immigration aide. They will likely have a waiver for you to sign after which they will contact USCIS on your behalf. This does not guarantee the success of your application, but it will definitely help to shake things up.

Good luck!

Edited January 29, 2017 by agripa

[sk23 7]

28 minutes ago, agripa said:

Your are WAY behind normal processing deadlines. Nebraska, according to their very own "official" estimates, is processing applications with a priority date of July 2, 2016. More over according to VisaJourney's immigration timeline tracker nearly everyone from March 2016 has been approved; more over many people on the July - September I-130 flier threads have already been approved. Here are concrete steps you need to take right away --

1. Call the National Customer Service center and ask to speak to a Tier 2 representative. Don't let yourself be pawned off on a regular customer service representative. Insist on speaking to a Tier 2 representative. This will take some persistence, but keep on it. When you finally get through tell them you're WAY behind normal processing deadlines and ask for an immediate update on your application. They will like ask for a supervisor review of your application, try and get them to give you a concrete date by which they will get back to you.
2. I notice you are from California. Contact Senator Diane Feinstein and Senator Kamala Harris and tell them your application is way beyond normal processing time. Senator Diane Feinstein has a convenient form for you to fill out and fax to her office. Follow up with a phone-call to each and ask to speak to their immigration aide. They will likely have a waiver for you to sign after which they will contact USCIS on your behalf. This does not guarantee the success of your application, but it will definitely help to shake things up.

Good luck!

Thank you! I will call them tomorrow and report back here.

Re: point 2. I am not technically a California resident anymore. Is there a comparable way to ask a senator in Connecticut to intervene on my behalf?

[agripa 100]

3 minutes ago, sk23 said:

Re: point 2. I am not technically a California resident anymore. Is there a comparable way to ask a senator in Connecticut to intervene on my behalf?

Try contacting Senator Chris Murphy. Here is a form for assistance with any federal agency. Fill it out and follow up with a phone call. 

[sk23 7]

17 minutes ago, agripa said:

Try contacting Senator Chris Murphy. Here is a form for assistance with any federal agency. Fill it out and follow up with a phone call. 

Thank you so much. I'll do that and see where it takes me.

[sk23 7]

A quick update: the office of Senator Chris Murphy (CT) was very helpful. They called USCIS on my behalf, and it only took them a couple of days to do that.

 

The information they got is that my case is waiting for some background checks to be completed. They said it's nothing to worry about, since there is always a backlog for background checks. What I fail to understand is - don't other people need background checks also? They have to check three countries for us: the US, Canada, and Ukraine. Perhaps Ukraine is slow right now...

 

Maybe "background checks" is just their way of saying "damn, we totally forgot about that folder over there!" They said check again in 30 days, that's what I'm going to do.

[NikLR 13,227]

You can also contact your ombudsman.  If your Canadian spouse isn't originally from Canada, that can lead to more background checks, but it shouldn't have taken this long.  

[agripa 100]

15 hours ago, sk23 said:

Maybe "background checks" is just their way of saying "damn, we totally forgot about that folder over there!" They said check again in 30 days, that's what I'm going to do.

Background checks can take quite some time, as it involves various different other agencies. No one really knows for sure what triggers it, but all you can do is call them up in 30 days and if there's still no resolution, contact your senator once again. Keep applying pressure, it's all that can be done at this point.

[sk23 7]

6 hours ago, NikLR said:

You can also contact your ombudsman.  If your Canadian spouse isn't originally from Canada, that can lead to more background checks, but it shouldn't have taken this long.  

I am sorry but who is my ombudsman and how do I contact this person?

[NikLR 13,227]

From google:

 

https://www.dhs.gov/topic/cis-ombudsman

[sk23 7]

3 hours ago, NikLR said:

From google:

 

https://www.dhs.gov/topic/cis-ombudsman

Thanks! Just sent a request for assistance to the ombudsman. Will report on the progress.

[sk23 7]

Just to let everyone know, my petition has finally been approved, exactly 1 year and 1 week after the NOA! Phew!

 

Everyone's assistance was super helpful. I had submitted requests to both CT senator and the ombudsman. The USCIS performed a tier-1 review on the case within a month, and made a decision shortly thereafter.

[SAJourney 16]

That's great news!  Congratulations!  Thanks for letting us know the outcome.  I think it's helpful for anyone who is experiencing the same kind of delays you did.