Expediting due to USCIS/NVC error?

[DGF 730]

Our I-130 took 11 months to process because our case was stuck due to a system error for ~4 months. Now, the NVC is telling us that they have no record of receiving our case after previously telling us the date that they had received it. I'm fed up with being delayed due to their mistakes and I am now wondering if it's possible to use either of these issues as a reason to expedite. Has anyone successfully expedited due to USCIS/NVC error?

[Loren Y 2,755]

Reasons for expedite are listed below, and the last one is USCIS error. I guess if you can get them to admit error, you can use that as a reason to expedite. Can you prove their error? Then that is for USCIS error, not NVC error, not sure who made the error, but if it was NVC they probably have a different list of reasons for expedite. I know you have to request it at each stage USCIS, NVC, Embassy.

 

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

[DGF 730]

26 minutes ago, Loren Y said:

Reasons for expedite are listed below, and the last one is USCIS error. I guess if you can get them to admit error, you can use that as a reason to expedite. Can you prove their error? Then that is for USCIS error, not NVC error, not sure who made the error, but if it was NVC they probably have a different list of reasons for expedite. I know you have to request it at each stage USCIS, NVC, Embassy.

 

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

Thanks! All we have is a record that a tier 2 sent an escalated case inquiry and the response to that inquiry, which doesn't mention the error. I have a feeling that is insufficient 😕

[Ontarkie 14,218]

If you have that proof in an email, it may be enough. Give it a try. 

[geowrian 22,337]

Where is the case now....sounds like NVC, right? You can request the expedite with them. No harm in trying.

The above listed criteria is for USCIS only, although is kind of a general guideline for any expedite.