I-751 July 2017 Filers

[Tcarrol 54]

I've been following the July 2016 group.  So many of them are having to attend infopass meetings to extend their resident cards into fourth years.  I've been looking at the actual law regarding what timelines are on USCIS.  Haven't found it, but here is a link to the actual procedure for ROC.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22036.html#0-0-0-14595

 

I believe if the law states that a conditional resident card is two years, and that an application is due within 90 days of the expiration date, then there is an expectation that a new card should be granted at the time of its expiration.  Now, we are given an extension of one year, and even that is not being complied with anymore.  If USCIS is suppose to be self funding with our application fees, then why is there such a delay?  

 

As I mentioned before, after six months, I plan to take up that issue with my State Senator.  Life is too short to have such uncertainty for so long a period of time.

[Leo7777 243]

40 minutes ago, Tcarrol said:

  Now, we are given an extension of one year, and even that is not being complied with anymore.  If USCIS is suppose to be self funding with our application fees, then why is there such a delay?  

 

As I mentioned before, after six months, I plan to take up that issue with my State Senator.  Life is too short to have such uncertainty for so long a period of time.

I only have one experience . . . that being when we attended interview for spouse to get the two year conditional Green Card.

 

I noted that many employees were standing in hallways and doorways carrying on extended conversations with each other.

 

And, while our meeting was at 1 PM, the officer remarked that we were her last case of the day.

At that time, their backlog was more than 9 months long.

[Ksenia_O 696]

11 hours ago, Jackie0725 said:

Hello everyone. I just did my biometrics here in el monte today and it was actually smooth and quick. In and out in 30 mins. They gave me back my biometrics letter with stamp already on it. Do I just keep it in my file? I don't remember getting my biometrics letter back when I did my change of status. A little help please with everyone that already did their biometrics. Thanks in advance. 

When you did AOS, your Biometric Notice was stamped as well, and it should've been given back to you. 

So now it's the same Just keep it along with other paperwork you've already completed with USCIS for your record, as a proof you've had your  I-751 biomtric done.

 

Good luck!!!!

[theanswerisdance 144]

1 hour ago, Tcarrol said:

I've been following the July 2016 group.  So many of them are having to attend infopass meetings to extend their resident cards into fourth years.  I've been looking at the actual law regarding what timelines are on USCIS.  Haven't found it, but here is a link to the actual procedure for ROC.

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22036.html#0-0-0-14595

 

I believe if the law states that a conditional resident card is two years, and that an application is due within 90 days of the expiration date, then there is an expectation that a new card should be granted at the time of its expiration.  Now, we are given an extension of one year, and even that is not being complied with anymore.  If USCIS is suppose to be self funding with our application fees, then why is there such a delay?  

 

As I mentioned before, after six months, I plan to take up that issue with my State Senator.  Life is too short to have such uncertainty for so long a period of time.

From the linked document:

 

"The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed."

 

Am I reading this wrong? Or does this not say that within 3 months of our original I-751 submission, we have the right to an answer, either in the form of our new green card or a scheduled interview date?

[Lemon23 400]

18 minutes ago, theanswerisdance said:

From the linked document:

 

"The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed."

 

Am I reading this wrong? Or does this not say that within 3 months of our original I-751 submission, we have the right to an answer, either in the form of our new green card or a scheduled interview date?

There is no guarantee that we expect response from them 90 days of the date on which the petition was properly filed, it's still on their desecration specially now they are ridiculous backed log. 

Edited August 2, 2017 by Lemon23

[theanswerisdance 144]

7 minutes ago, Lemon23 said:

There is no guarantee that we expect response from them 90 days of the date on which the petition was properly filed, it's still on their desecration specially now they are ridiculous backed log. 

No, I don't expect to hear from them in 90 days...that would be a miracle. But my point is, do they not say, right there in their own policy, that they MUST provide an answer in 90 days? There's no contingency mentioned, like "We will respond in 90 days, UNLESS there is a backlog." Or "We will respond in 90 days, typically." The language used is pretty absolute. That implies to me that the burden is on them to do whatever it takes to meet the 90 day requirement, whether it means hiring more staff to adjudicate cases, conduct interviews, etc. And meaning that when writing to our representatives, this is a really valuable piece of policy to cite. 

[Lemon23 400]

2 minutes ago, theanswerisdance said:

No, I don't expect to hear from them in 90 days...that would be a miracle. But my point is, do they not say, right there in their own policy, that they MUST provide an answer in 90 days? There's no contingency mentioned, like "We will respond in 90 days, UNLESS there is a backlog." Or "We will respond in 90 days, typically." The language used is pretty absolute. That implies to me that the burden is on them to do whatever it takes to meet the 90 day requirement, whether it means hiring more staff to adjudicate cases, conduct interviews, etc. And meaning that when writing to our representatives, this is a really valuable piece of policy to cite. 

Unfortunately I dont think its a valuable policy because they dont follow anyway, it is still on their own discretion. Each case is different,  I know some member here have their i-751 pending for more than 2 years.  

[Eric & Idalia 56]

1 hour ago, Lemon23 said:

Unfortunately I dont think its a valuable policy because they dont follow anyway, it is still on their own discretion. Each case is different,  I know some member here have their i-751 pending for more than 2 years.  

2 years sound painful. It means that person didn't apply for citizenship on the third year?

[Lemon23 400]

23 minutes ago, Eric & Idalia said:

2 years sound painful. It means that person didn't apply for citizenship on the third year?

not sure about the citizenship but I do know its more than 2 years pending.

[Eric & Idalia 56]

32 minutes ago, Lemon23 said:

not sure about the citizenship but I do know its more than 2 years pending.

Maybe they don't know that they can apply for citizenship even though the removal of conditions is pending or maybe they don't want to become citizens. It's always good to share this information with people in casse they don't know.

[Lemon23 400]

14 minutes ago, Eric & Idalia said:

Maybe they don't know that they can apply for citizenship even though the removal of conditions is pending or maybe they don't want to become citizens. It's always good to share this information with people in casse they don't know.

We don't know the reason behind why they dont want to apply for citizenship, that is their own decision or maybe their originating country don't allow dual citizenship.

[Eric & Idalia 56]

6 minutes ago, Lemon23 said:

We don't know the reason behind why they dont want to apply for citizenship, that is their own decision or maybe their originating country don't allow dual citizenship.

Of course. It was just a suggestion. 

[Ksenia_O 696]

1 hour ago, Lemon23 said:

not sure about the citizenship but I do know its more than 2 years pending.

 

1 hour ago, Eric & Idalia said:

2 years sound painful. It means that person didn't apply for citizenship on the third year?

I think it's about mindthegap   

 

After 27 months (830 days), numerous inquiries and official complaint with the ombudsman  I-751 is still pending.... 

Edited August 2, 2017 by Ksenia_O

[Leo7777 243]

We ALL have a new concern now.

President Trump is asking for legislation that will SUBSTANTIALLY change our immigration rules.

It is meant to implement a skills based system requiring English skills, education, work skills and ability to earn an income in place of family considerations.

Specifically targeted are 'chain immigration' wherein family members come in based on family ties.

This is exactly  what most of us are relying on when we bring spouses into USA.

 

At the very least, our processes will be slowed and delayed even more as this legislation unfolds and is debated, etc.

[theanswerisdance 144]

4 hours ago, Lemon23 said:

Unfortunately I dont think its a valuable policy because they dont follow anyway, it is still on their own discretion. Each case is different,  I know some member here have their i-751 pending for more than 2 years.  

My point was not what the current situation is. We are all aware of the lengthy processing times. My point is simply that there is validity written out, in black-and-white in USCIS's own policies, for us to contest with and to contact our representatives about. Thank you @Tcarrol for sharing what is, for me, a very valuable link.