I-751 January 2019 Filers

[xillini 71]

7 hours ago, aroabi said:

 Some people will complain no matter what, but I think a lot people who complain are from metro areas. USCIS has failed to allocate their resources properly. It’s unacceptable that one applicant gets their n-400 or another application done on under 6 months while most applicants from backlogged metro areas have to wait 13-21months. We paid the same fee. If metro areas have more applicants than USCIS is getting more money from those applications and have to have more officers to process those cases. Likewise, if certain areas do not get that many cases than the offices from those areas have to relocated/rehired to the backlogged areas.

 

Yes, indeed, USCIS announced that the applicants may be scheduled for in-person interview in different field office (i.e: living Seattle, but scheduled for interview at Yakima, WA) to increase efficiency. However, this has been severely criticized by some immigration advocate groups, accusing USCIS that it fails to serve immigrants. Some immigrants group have a vehicle to drive, and there is not easy public transportation between Seattle and Yakima, so they will either have to rely on their friends who have cars to drive, or use Uber, which will cost a lot of money, or they will miss the interview, which will lead to denial of the application, so these groups are suspecting that USCIS intentionally attempts to give tough time for immigrants while USCIS's intent was actually trying to accommodate this painful waiting time. 

 

While some of us, including myself, will be happy for this change (and to be honest, if they schedule me in-person interview on the other side of the country, I will travel for the interview, if I am given a choice, in lieu of blindly and wastefully waiting for another 4-5 months), other immigrants are not able to afford these distant interviews, for which they will be more likely risked to pass 

 

8 hours ago, aroabi said:

K1 is a different situation, and probably is not worth waiting, but CR6 applicants who have steady employment/student visas can easily wait. For me there was no upside. I had to terminate my H1B visa after I got the green card.

 

Not necessarily. I was in F1 OPT, where my OPT 1 year EAD is almost ending when my 485 was approved. I could have gone to STEM OPT to continue my employment, but definitely I 485 approval helped me a lot, and freed me to look for better opportunities when I could finally answer "No" to question asking me "Do you now or in the future require visa sponsorship?" during every job application. 

 

Your case H1B could be different, but after all, when you are approved for I 485, then you wouldn't have to deal with employer's immigration lawyers or had freedom to apply for jobs without any limitations.

That is why USCIS calls "Every case is different". 

 

8 hours ago, aroabi said:

People in metro areas are getting increasingly tired with USCIS’s practices and especially their lack of transparency, and you see some of that frustration on those boards. 

For example, they approve an i-751 case under 10 months, yet another applicant that filed the same day and paid the same fee gets approved at 23^rd months. And the only explanation that USCIS has is that they were in different piles or were assigned to different officers. USCIS has to organize their piles accordingly, they have to impose internal deadlines to their officers so that they process the cases in reasonable amount of time and do not seat on cases for 20 months without touching it.

 

Yes, I agree. USCIS does not have consistency and lacks a vast of transparency, which is often justified in the name of "national security" (To m y background and eyes, USA is pretty much to police state, where men in uniforms are very respected). Well, that is just the way it is, and USCIS is not the only agency that lacks consistency and transparency, but many of US government institutions do lack these integrity. So my expectation is not high. 

 

For USCIS's side, to be fair, semantics of INA is written almost 60 years ago when same sex marriage was even unthinkable (or recognized as a major sin albeit there was no laws against it). While any immigration reforms in Congress is in limbo (whether it is good or bad for immigrants), administrative overrides were allowed (such as OPT and DACA), which complicates USCIS's function. In other words, there is no clear guideline from Congress, and political interests have been added to USCIS's job functions, and USCIS will have nothing but to follow its commander in chief.

 

Similar to my earlier response, USCIS is dealing with immigration applications from "Asylum seekers" and "Green Card Lottery Winner" who are generally coming from "3rd world", where United States is the best country in the world to "EB-1 I 485", where United States is just one of the many developed countries in the world and obtaining a green card is nothing more than just making life easier for business purpose only because their professional careers and talents are wanted anywhere, if needed. This diverse interests group make it hard for USCIS to make any decisions. In other words, USCIS can't satisfy every stake holders, and as an agency representing United States in regards to immigration authorities, I believe it is fair to say USCIS reserves a right to prioritize and select the stake holders that fits the best national interests. 

 

8 hours ago, aroabi said:

 

Their practices cost people jobs/careers, missed moments with their families etc. For example with expired green card and pending n-400, I am less likely to take a job that requires me to travel extensively or an employment that requires me to spend significant amount of time oversees.

 

Welcome to "Land of Freedom and Opportunity", if you think this is what is called "American Dream", that is no longer existing in the world, if anything. 

[mseck8688 16]

eac ending 902 approved and mine no feedback 

i dont know whats going on at vermont 

this process is getting on my nerves ......

[xillini 71]

10 hours ago, aroabi said:

What I am saying given the backlog, it was kind of stupid on my part to get the conditional green card. I could have easily waited 6-7 month and never had to deal with ROC. Based on my experience I would recommend that CR6 filers wait. ROC is costly and time consuming, why subject yourself to that if you cab easily avoid it?  You only get a conditional green card if your marriage is less than 2 years old at the time when you get a green card.

 

 

Waiting time for ROC used to be between 4-8 months in prior to 2016 if it is straightforward case, and if it was a waiver case, then it was around 12-16 months if I remember correctly (Or you can look up other immigration websites that has historical waiting time and you can opt for I 751 specifically and see how many months for decisions). 

 

In 2016, a major change has been taking a place: Trump won election, which spurred all speculating cases rushing into any immigration benefits on top of surges of N400 in election years. 

 

In addition, due to increasing numbers of OPT I 765 EAD applications as well as DACA applications, USCIS had to selectively choose what to do, and they chose, unfortunately for I 751 applicants, those two applications over I 751 with a rationale that "I 751 applicants are still entitled as a green card holder, and therefore, if needed, I 751 applicants can get 551 Stamp", whereas I 765 or DACA applicants are not entitled and in need of more emergent cases. 

 

Well, I see several cases in some metro local offices that their I 130/485 were approved 20 months after filing dates, and that only means that they will have to go through I 751. 

[aroabi 21]

1 hour ago, xillini said:

Waiting time for ROC used to be between 4-8 months in prior to 2016 if it is straightforward case, and if it was a waiver case, then it was around 12-16 months if I remember correctly (Or you can look up other immigration websites that has historical waiting time and you can opt for I 751 specifically and see how many months for decisions). 

 

In 2016, a major change has been taking a place: Trump won election, which spurred all speculating cases rushing into any immigration benefits on top of surges of N400 in election years. 

 

In addition, due to increasing numbers of OPT I 765 EAD applications as well as DACA applications, USCIS had to selectively choose what to do, and they chose, unfortunately for I 751 applicants, those two applications over I 751 with a rationale that "I 751 applicants are still entitled as a green card holder, and therefore, if needed, I 751 applicants can get 551 Stamp", whereas I 765 or DACA applicants are not entitled and in need of more emergent cases. 

 

Well, I see several cases in some metro local offices that their I 130/485 were approved 20 months after filing dates, and that only means that they will have to go through I 751. 

Well, I am sure they/we can come up with every excuse in the book, but the fact remains that USCIS is terribly mismanaged and that is the real reason of these crises. They keep increasing the fee, which is greater than the inflation BTW, but cannot ensure proper case management. They know their workload, they know their backlog they should come up with ways of solving the problem not exacerbating it. They cannot even ensure similar processing times in different boroughs of the same city (NYC), something that should be super easy to do, let alone across the country. When you track the cases every day, you realize that they are playing lottery i.e. randomly pulling the cases across the board  and deliberately leaving the cases behind to keep their 13.5-17.5 month processing time (VSC). I was checking today and some people who filed in May/June 2018, and have long passed the normal VSC's processing time are sitting in "fingerprints were received status". Yet VSC instead of attending to those cases is approving the cases that were filed in March 2019.

 

 

[sjn 0]

On 2/17/2020 at 3:31 PM, Charming12 said:

yes I did get it and all they mentioned about fast processing as a reason for transfer of my case

Hey Bud,

Mine was transferred 3 times, from other to local and then to other office... and no notice at all.
 

After how many days you got notice? 

[mseck8688 16]

MY MOM IS SICK IVE BEEN WAITING ALMOST 13 MONTHS FOR MY GC TO BE ABBLE THIS I751 PROCESS IS MENTAL DRAINING TIME 

[BT1453 16]

2 hours ago, sjn said:

Hey Bud,

Mine was transferred 3 times, from other to local and then to other office... and no notice at all.
 

After how many days you got notice? 

My case was transferred 3 times too. Today I received a mail that says my case transferred to NBC to schedule an interview. I also have my N-400 application going on. So I assume I will have combo interview. 

[sjn 0]

58 minutes ago, BT1453 said:

My case was transferred 3 times too. Today I received a mail that says my case transferred to NBC to schedule an interview. I also have my N-400 application going on. So I assume I will have combo interview. 

After how much time you got that letter? 

I mean dated when and at which case transfer? 

 

Also what is the waiting time for n400 in your area,  I have filed mine in jan 2020 and it says 13 months waiting... which is march 2021... 

[Charming12 59]

12 hours ago, sjn said:

Hey Bud,

Mine was transferred 3 times, from other to local and then to other office... and no notice at all.
 

After how many days you got notice? 

within a week or so

[BT1453 16]

14 hours ago, sjn said:

After how much time you got that letter? 

I mean dated when and at which case transfer? 

 

Also what is the waiting time for n400 in your area,  I have filed mine in jan 2020 and it says 13 months waiting... which is march 2021... 

in a week or so. I751 was transferred. I have filed in Jan 2020 too. And it says sep 2020.

[LoRo 49]

Hi everyone,

 

This post is off topic but I wanted to share with you all a fact that I witnessed today. I work in a financial institution and I help many people in regard too thier accounts. Today I had a couple that needed to add him on her account. They spoke another language (which I understand) when they were talking to each other, and spoke English to me without knowing that I understand that language as well. They both were super weird and rigid while I was completing the process,  and when I had them sign the paperwork the woman (non resident,) tells the gentlemen (US citizen) that she trusts him with her accounts, and he is the one that does not trust her, which I found weird. I asked myself why would you say that if you are adding him to your account? Towards the end of the process I ask him if he would like to have a debit card for the account and he agrees to receive one, after they speak to each other in the other language agreeing that they have to simulate transactions together and accounts together, all this without them realizing that I understood everything. I was shocked and I barely could continue my work, at the same time I was extremely mad because due to cases like this all the other people who have a bona fine marriage go through hell and wait long periods of times to get some answers from USCIS. 

What do you guys think?

[sjn 0]

22 hours ago, BT1453 said:

in a week or so. I751 was transferred. I have filed in Jan 2020 too. And it says sep 2020.

What was reason for transfer in your letter? 

I had started getting transfer notifications since 14th feb with no physical notice... ☹

[xillini 71]

20 hours ago, LoRo said:

I was shocked and I barely could continue my work, at the same time I was extremely mad because due to cases like this all the other people who have a bona fine marriage go through hell and wait long periods of times to get some answers from USCIS. 

What do you guys think?

I don't know how specifics it is for you to be able to understand the true nature of your clients' relationship based on the conversation they spoke each other in their language, so it is up to you. Without committing anything illegal, you can submit the information to FDNS team in USCIS: https://www.uscis.gov/report-fraud/combating-marriage-fraud-and-abuse--immigration-benefit-programs

(I won't say specifics, but if you work in financial institution, you know what it means when it comes to confidentiality on clients. While it is true that USCIS FDNS team won't reveal your name, and therefore, you will be safer than witness in front of judge, you know the rules). 

 

Also the long I 751 is not necessarily that due to the fraudulent cases, but rather US political leadership's failure (such as Congress) to provide clear guidance on immigration system (such as controversial DACA, TPS, and asylum), and USCIS's convenient interpretation on immigration laws (such as I 751 is supposed to process within 90 days of green card expiration). Personally, I would think it is selfish to blame on fraudulent cases because if there are laws and benefits, there are always those who want to take advantage of the system, and blaming these people is not a permanent solution, but rather, it is more permanent solution to fix the system. It is convenient to blame on fraudulent cases, but I can guarantee you that there will be always fraudulent cases in any systems, so the more robust solution would be to fix the system. Because even if there is 0 fraudulent cases, USCIS will come up with an idea to hurdle the process. 

Edited February 23, 2020 by xillini

[Nathpuria 12]

Hello everyone, I was checking my cases and their progress in my USCIS account and seems like my N400 waiting time has been reduced. Initially after applying in November 2019, the wait time was July 2020. Today it’s showing June 2020 and 4 month to process the case. Something is better than nothing I guess and my I-751 is still pending without any activity. Last activity on that one was in Dec when my case was transferred after my N-400 biometrics twice. I received one notice and second transfer notice never came. I filed e-request in Dec that  never got resolved. Just planning to wait another 4 months and then see if they take combo interview. Hoping for good

Edited February 24, 2020 by Nathpuria

[LoRo 49]

6 hours ago, xillini said:

I don't know how specifics it is for you to be able to understand the true nature of your clients' relationship based on the conversation they spoke each other in their language, so it is up to you. Without committing anything illegal, you can submit the information to FDNS team in USCIS: https://www.uscis.gov/report-fraud/combating-marriage-fraud-and-abuse--immigration-benefit-programs

(I won't say specifics, but if you work in financial institution, you know what it means when it comes to confidentiality on clients. While it is true that USCIS FDNS team won't reveal your name, and therefore, you will be safer than witness in front of judge, you know the rules). 

 

Also the long I 751 is not necessarily that due to the fraudulent cases, but rather US political leadership's failure (such as Congress) to provide clear guidance on immigration system (such as controversial DACA, TPS, and asylum), and USCIS's convenient interpretation on immigration laws (such as I 751 is supposed to process within 90 days of green card expiration). Personally, I would think it is selfish to blame on fraudulent cases because if there are laws and benefits, there are always those who want to take advantage of the system, and blaming these people is not a permanent solution, but rather, it is more permanent solution to fix the system. It is convenient to blame on fraudulent cases, but I can guarantee you that there will be always fraudulent cases in any systems, so the more robust solution would be to fix the system. Because even if there is 0 fraudulent cases, USCIS will come up with an idea to hurdle the process. 

Hi,

First let me start by thanking you very much for your post! I really appreciate that!

Second, there were more details that were whispered during that meeting, (but I will not go into details,) and definitely would build up a case of fraud.

Third, I definitely agree with you on "there are always those who want to take advantage of the system, and blaming these people is not a permanent solution, but rather, it is more permanent solution to fix the system." and "that there will be always fraudulent cases in any systems, so the more robust solution would be to fix the system." I know that delays in processing cases it is not necessarily due to fraudulent cases, but I believe that cases like that make everyone/USCIS doubt even more of each case looking at them with an increased critical eye. I am sure there are and will be many fraudulent cases, but having heard the intentions right in front of me shocked me.

Again, thank you so much for your post!