Haven’t received receipt or NOA1 yet

[Dbrennan 121]

Hi everyone! This is my first post so bare with me. 

I’ve been feeling very stressed lately about the visa process. My husband and I filed using an attorney, and our paperwork was filed October 14. It’s now December 20 and we haven’t received either the receipt or the NOA1, which I’ve heard shouldn’t take this long. Should I be worried? Anyone have any experience with this or any advice?

[EM_Vandaveer 2,408]

How do you know your paperwork was actually filed? I read many cases here when the lawyer said he'd filed an application but in fact has forgotten to.

[Dbrennan 121]

Just now, EM_Vandaveer said:

How do you know your paperwork was actually filed? I read many cases here when the lawyer said he'd filed an application but in fact has forgotten to.

My attorney told me she filed it, I figured I had no reason to not believe her. She said things are slower due to the holidays

[Crazy Cat 41,886]

4 minutes ago, Dbrennan said:

My attorney told me she filed it, I figured I had no reason to not believe her. She said things are slower due to the holidays

Your attorney is suspect....There is no way, it should take 2 months to receive the NOA1......imho.

 

Edited December 20, 2018 by missileman

[EM_Vandaveer 2,408]

I would not believe her. There was no holiday around 14 October. It should not take over 2 months to receive a NOA1. Sounds like she hasn't filed it. Or filed it much later than she claims.

Edited December 20, 2018 by EM_Vandaveer

[Dbrennan 121]

7 minutes ago, EM_Vandaveer said:

I would not believe her. There was no holiday around 14 October. It should not take over 2 months to receive a NOA1. Sounds like she hasn't filed it. Or filed it much later than she claims.

Okay, I emailed her again, do you think I should try emailing the head of the law firm too?

[Crazy Cat 41,886]

1 minute ago, Dbrennan said:

Okay, I emailed her again, do you think I should try emailing the head of the law firm too?

Yes. I hope you aren't using the attorney we used.....in California...

Edited December 20, 2018 by missileman

[Dbrennan 121]

2 minutes ago, missileman said:

Yes. I hope you aren't using the attorney we used.....in California...

I’m using jamahl kersey 

[Crazy Cat 41,886]

5 minutes ago, Dbrennan said:

I’m using jamahl kersey 

Not the same as mine........However, I would email and call the head of the law firm...I'm sure you paid a lot of money for their services.......Your attorney and you should have received your NOA1 within 2 weeks from filing, imo.

Edited December 20, 2018 by missileman

[Bayman 65]

19 minutes ago, Dbrennan said:

My attorney told me she filed it, I figured I had no reason to not believe her. She said things are slower due to the holidays

YOUR attorney is a suspect. how this happen like that. which is why is good sometimes to do it yourself. is better to meet this attorney face to face before it too late.

[Dbrennan 121]

8 minutes ago, missileman said:

Not the same as mine........However, I would email and call the head of the law firm...I'm sure you paid a lot of money for their services.......Your attorney and you should have received your NOA1 within 2 weeks from filing, imo.

Ok, thank you. I emailed him and if he doesn’t reply by tomorrow I’ll call him 

[Apple Bee 272]

14 minutes ago, Bayman said:

YOUR attorney is a suspect. how this happen like that. which is why is good sometimes to do it yourself. is better to meet this attorney face to face before it too late.

I agree...it seems like every time someone uses a lawyer for this, they somehow manage to screw things up.

 

OP my advice would be to you, unless you have a very difficult case, would be to drop the lawyer and continue the process on your own. Before this, I had NEVER dealt with anything involving immigration but by simply following directions and occasional help of VJ members, I was able to successfully file the I-130 myself (mailed petition 5/18/18, rec'd NOA1 5/25/18), have it approved (11/28/18) and now waiting for NVC to receive it. Sometimes lawyers are just a waste of money. But I don't know your situation so perhaps as I said, if your case isn't really straightforward you might fare better having one.

Edited December 20, 2018 by Apple Bee

[afortunada 182]

While it's very possible your attorney didn't file (this happened to me with the first attorney I attempted to work with!), it's also entirely possible that they DID file. Why don't you just call USCIS and wait on hold and ask them to tell you when your case was received and get the case number? Sure, you can call your attorney all huffy and puffy, but there is no real way they can give you proof if they never received it. Might as well go directly to the source. That way you are guaranteed direct answers. USCIS can easily tell you if they haven't received your petition. You are the petitioner, after all, so you are allowed to call and get any information about your case that you want. 

 

 

Good luck!

[Dbrennan 121]

12 minutes ago, Apple Bee said:

I agree...it seems like every time someone uses a lawyer for this, they somehow manage to screw things up.

 

OP my advice would be to you, unless you have a very difficult case, would be to drop the lawyer and continue the process on your own. Before this, I had NEVER dealt with anything involving immigration but by simply following directions and occasional help of VJ members, I was able to successfully file the I-130 myself (mailed petition 5/18/18, rec'd NOA1 5/25/18), have it approved (11/28/18) and now waiting for NVC to receive it. Sometimes lawyers are just a waste of money. But I don't know your situation so perhaps as I said, if your case isn't really straightforward you might fare better having one.

I think my case is pretty straightforward, I just decided to go through an attorney because I was worried that I would mess things up and have to start everything over again

4 minutes ago, afortunada said:

While it's very possible your attorney didn't file (this happened to me with the first attorney I attempted to work with!), it's also entirely possible that they DID file. Why don't you just call USCIS and wait on hold and ask them to tell you when your case was received and get the case number? Sure, you can call your attorney all huffy and puffy, but there is no real way they can give you proof if they never received it. Might as well go directly to the source. That way you are guaranteed direct answers. USCIS can easily tell you if they haven't received your petition. You are the petitioner, after all, so you are allowed to call and get any information about your case that you want. 

 

 

Good luck!

Thank you so much! I didn’t know it was an option to call uscis. Thanks for the helpful info 

[Crazy Cat 41,886]

6 minutes ago, afortunada said:

USCIS can easily tell you if they haven't received your petition.

USCIS usually requires a case number before they will speak to a person.........it seems to me that a competent attorney would have tracking information to check and prove delivery to USCIS..................and yes, I would be huffy and puffy because a competent attorney would have already followed up on the case by now....it's been 2 months!

Edited December 20, 2018 by missileman