I-130 Denied today. Filed concurrent I-130/I-485. Interview was scheduled last month but notice never arrived.

[Mirobg 3]

in a 15 hour wait time queue currently for a tier 2. Tier 1 said only my 485 can be discussed so I'm wondering if I should have my husband call in for the I-130

[sweetadams 138]

57 minutes ago, Mirobg said:

in a 15 hour wait time queue currently for a tier 2. Tier 1 said only my 485 can be discussed so I'm wondering if I should have my husband call in for the I-130

You can schedule a call back instead of waiting on the phone. Tier 1 does not help you, they mainly reading what is in their screen.

[E_pluribus_unum 73]

As per DHS (https://www.dhs.gov/ombudsman-update-getting-most-out-your-call-uscis-contact-center) this is what a Tier1/Tier2 can and cannot do:

 

Tier 1 Customer Service Representatives (CSRs):

Can

• Relay basic immigration information to customers through scripts provided by USCIS
• Answer questions about USCIS forms
• Transfer calls to Tier 2 in certain circumstances

Cannot

• Answer specific questions about a case with the exception of information available through Case Status Online
• Transfer calls to local offices or service centers where cases are pending
• Provide legal advice

Tier 2 Immigration Service Officers (ISOs):

Can

• Review USCIS systems on your case
• Request that notices be re-issued
• Provide information that you may receive at an in-office appointment
• Provide specialized assistance to dependents or active members of the U.S. Armed Forces
• Provide information on pending and adjudicated cases.

Cannot

• Review already issued Requests for Evidence (RFEs)
• Directly issue duplicate notices, receipt notices, RFE notices
• Transfer calls to local offices or service centers
• Provide legal advice

[Mirobg 3]

1 minute ago, E_pluribus_unum said:

As per DHS (https://www.dhs.gov/ombudsman-update-getting-most-out-your-call-uscis-contact-center) this is what a Tier1/Tier2 can and cannot do:

 

Tier 1 offered for me to ask him questions about my case but I knew enough not. He didn't resist transferring me so now I'm in the callback queue. It's between now and tomorrow at noon-ish

[E_pluribus_unum 73]

5 minutes ago, Mirobg said:

Tier 1 offered for me to ask him questions about my case but I knew enough not. He didn't resist transferring me so now I'm in the callback queue. It's between now and tomorrow at noon-ish

If you are unable to get a response from anyone, in the same URL I posted above, there is form 7001 that you can file with the Ombudsman. You can consider that as a somewhat last resort. 

[Mirobg 3]

8 minutes ago, E_pluribus_unum said:

If you are unable to get a response from anyone, in the same URL I posted above, there is form 7001 that you can file with the Ombudsman. You can consider that as a somewhat last resort. 

we're also looking at lawyers too but hoping to avoid that. Us being a gay couple it's starting to feel like some are fixated on making that an issue. Thanks for that tip. I'm waiting for the call back and then we'll see what/how we'd approach this 

[Mirobg 3]

finally got a phone call and the tier 2 got upset when I mentioned I had a recording of the tier 1 from two weeks ago telling me the letter wasn't mailed and to wait, asked if I was recording that phone call and I told him that I was (there's a warning that phone calls are recorded when you call the 800, so he hung up

[E_pluribus_unum 73]

6 minutes ago, Mirobg said:

finally got a phone call and the tier 2 got upset when I mentioned I had a recording of the tier 1 from two weeks ago telling me the letter wasn't mailed and to wait, asked if I was recording that phone call and I told him that I was (there's a warning that phone calls are recorded when you call the 800, so he hung up

Before filing with the Ombudsman, call back and request a Supervisor. You can also submit a written complaint: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-9#:~:text=Ways of Submitting Complaints&text=Persons can make a complaint,the nature of the complaint.

 

B. Complaints ^[1]

1. Ways of Submitting Complaints

Complaint in USCIS Office

Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.

 

Submit Written Complaint

Written complaints may include handwritten letters, emails, or faxes. ^[2]

 

Contact Office of Inspector General Directly ^[3]

Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every

USCIS field office.

 

File Complaint with USCIS Headquarters

USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.

 

Ask to Speak to Contact Center Supervisor

If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor. ^[4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.

[Mirobg 3]

16 minutes ago, E_pluribus_unum said:

Before filing with the Ombudsman, call back and request a Supervisor. You can also submit a written complaint: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-9#:~:text=Ways of Submitting Complaints&text=Persons can make a complaint,the nature of the complaint.

 

B. Complaints ^[1]

1. Ways of Submitting Complaints

Complaint in USCIS Office

Persons can make a complaint in a USCIS office by asking to speak to a supervisor. In these situations, a supervisor must be made available within a reasonable amount of time. The supervisor should take the complainant’s name and information about the nature of the complaint. The supervisor should attempt to resolve the issue before the complainant leaves the office.

 

Submit Written Complaint

Written complaints may include handwritten letters, emails, or faxes. ^[2]

 

Contact Office of Inspector General Directly ^[3]

Contact information for DHS Office of Inspector General (OIG) can be found on both the USCIS website and on the DHS website. OIG contact information must also be displayed in a public area and visible in every

USCIS field office.

 

File Complaint with USCIS Headquarters

USCIS Headquarters (HQ) contact information is provided on USCIS’ website. If the complaint is directed to the wrong directorate or program office, the complaint must be forwarded to the appropriate HQ entity.

 

Ask to Speak to Contact Center Supervisor

If a caller is dissatisfied with the service he or she received during a call to the USCIS Contact Center, the caller may ask to speak to a supervisor. ^[4] Both Tier 1 and Tier 2 staff members must transfer the call to a supervisor.

yeah. I'll have my husband call since he's the US citizen but that Tier 2 guy was unhelpful and almost sounded like he was blaming me for missing the appointment. I mentioned the call where USCIS phone rep told me the system showed the letter hadn't even mailed out and his reply literally was that those people don't know anything and it's my fault for relying on them!😲

 

I asked him how do I prove I never received a letter? He had no answer and then when I mentioned all I have is the phone recording he got upset, asked if I was recording him, said that it was illegal to record him, I asked if he's recording me and just rambled on top of me and hung up

 

I'm contacting our senators and will have a meeting with a really good lawyer this week to see what we'll do

[E_pluribus_unum 73]

6 minutes ago, Mirobg said:

yeah. I'll have my husband call since he's the US citizen but that Tier 2 guy was unhelpful and almost sounded like he was blaming me for missing the appointment. I mentioned the call where USCIS phone rep told me the system showed the letter hadn't even mailed out and his reply literally was that those people don't know anything and it's my fault for relying on them!😲

 

I asked him how do I prove I never received a letter? He had no answer and then when I mentioned all I have is the phone recording he got upset, asked if I was recording him, said that it was illegal to record him, I asked if he's recording me and just rambled on top of me and hung up

 

I'm contacting our senators and will have a meeting with a really good lawyer this week to see what we'll do

Best of luck to you and I am sorry you are going through this. I would hope not but I wonder if you maybe had an Officer who did not really agree to same sex marriages so that is why the notice shows as sent but never received. Probably not the best idea to make assumptions though so I hope the routes you take do put you back on a positive track with immigration. 

 

Federally, only one-party consent is needed to record calls; however, many states have separate laws which would require both parties. Usually, if there is a recording at the beginning of the call that says "This call will be recorded for Quality and Training purposes" then that is basically the consent needed to record the call. Internal processes can change this though. 

I work for the Government and in my agency when you call, you will get a message similar to "This call will be recorded for Quality and Training purposes". The message basically informs the callers that the call is being recorded and means that both parties consent to the recording regardless of who is recording, but we are told to disconnect the call if we become aware that the caller is also recording the line. Again, this is an internal process that many Private Companies and Government Agencies follow. 

[Mirobg 3]

Just now, E_pluribus_unum said:

Best of luck to you and I am sorry you are going through this. I would hope not but I wonder if you maybe had an Officer who did not really agree to same sex marriages so that is why the notice shows as sent but never received. Probably not the best idea to make assumptions though so I hope the routes you take do put you back on a positive track with immigration. 

 

Federally, only one-party consent is needed to record calls; however, many states have separate laws which would require both parties. Usually, if there is a recording at the beginning of the call that says "This call will be recorded for Quality and Training purposes" then that is basically the consent needed to record the call. Internal processes can change this though. 

I work for the Government and in my agency when you call, you will get a message similar to "This call will be recorded for Quality and Training purposes". The message basically informs the callers that the call is being recorded and means that both parties consent to the recording regardless of who is recording, but we are told to disconnect the call if we become aware that the caller is also recording the line. Again, this is an internal process that many Private Companies and Government Agencies follow. 

as recent as Friday the tier 1 agent checked and said the system shows that the interview notice wasn't mailed. The case officer also seemingly waited 3 weeks before denying so I doubt they were hostile because we're gay, but you never know obviously, I'm open to thinking they have mailing issue and we're caught up in their back and forth bureaucracy 

 

We're 1-party consent state and calling the USCIS 800 tells you upfront the call is recorded, USCIS keeps the recordings for 90 days. 

 

 

[sweetadams 138]

14 hours ago, Mirobg said:

as recent as Friday the tier 1 agent checked and said the system shows that the interview notice wasn't mailed. The case officer also seemingly waited 3 weeks before denying so I doubt they were hostile because we're gay, but you never know obviously, I'm open to thinking they have mailing issue and we're caught up in their back and forth bureaucracy 

 

We're 1-party consent state and calling the USCIS 800 tells you upfront the call is recorded, USCIS keeps the recordings for 90 days. 

 

 

In my opinion, I would suggest you get a senator involved first, this will help smooth things at the local field office in charge of your case. My advice when dealing with USCIS is never to tell them they are at fault (nobody likes being blame), their systems are more complex and this is creating a lot of bottleneck in efficiency. I had the same issue with letter not being mailed out when the system already generated the " interview notice". One more thing about recording...please next time keep it to yourself, just call again and keep trying to get another tier 2...

[Mirobg 3]

7 hours ago, sweetadams said:

In my opinion, I would suggest you get a senator involved first, this will help smooth things at the local field office in charge of your case. My advice when dealing with USCIS is never to tell them they are at fault (nobody likes being blame), their systems are more complex and this is creating a lot of bottleneck in efficiency. I had the same issue with letter not being mailed out when the system already generated the " interview notice". One more thing about recording...please next time keep it to yourself, just call again and keep trying to get another tier 2...

called today, T1 refused to pass my husband over to a tier two and proceeded to explain what we should be doing. Comical considering yesterday I was told "those people don't know anything" by the officer 😄

 

I'm in touch with my senator's office but also likely getting a lawyer

[sweetadams 138]

16 hours ago, Mirobg said:

called today, T1 refused to pass my husband over to a tier two and proceeded to explain what we should be doing. Comical considering yesterday I was told "those people don't know anything" by the officer 😄

 

I'm in touch with my senator's office but also likely getting a lawyer

It's comical indeed, sometimes the tier 1 specialist do not like being asked to transfer you have to give a convincing enough reason and insist gently or kindly "beg" to be transferred. A lot of issues could have been avoided if the tier 1 officers don't just read a generic script response to questions especially when it comes to scheduling issues within USCIS. We understand their system is complex with multiple layers to sort through, with the advent of technology this should have improved.

I will suggest you keep trying different tactics to speak with a tier 2 officer or at least get an info pass appointment to see someone in your local field office.

 

Good luck. 

[Villanelle 4,122]

Im sorry you are having such a hard time with all this! The sad reality is many times minorities are discriminated against or treated poorly but you should try not to assume that anytime anything bad happens its because you are a minority. Bad things happen all the time to everyone. USCIS messes up everyones cases equally! 

 

You can (and probably should) pursue filing a complaint but honestly your focus right now should be on getting your case reopened and not the complaint aspect. The only way to get your case going again is to file the motion. You can use an attny or do it yourself. You will have to pay the fees but when its determined to be their error you can get the fees back. It will be a long time for the fee to be returned and you will have to pursue it for it to happen. For your motion you show the proof you have and they will check in their system what happened. They will see it played out exactly as you said since everything is tracked internally. When they see the interview notice was not sent they will reopen your case(s). If you can afford an attny to do the motion use an attny. If you can not please make sure to research the 290b to make sure you are filling it out correctly- there are various ways to fill it out. One way goes to the local office to review and act on- the other goes to the BIA to review. You want it to go to the local level because they can easily undo the error. You dont need to go through the BIA for something like this. If local offices were open you couldve went in through infopass and probably got this fixed with out even needing to submit the 290b and paying the fees. But because the offices are closed/reduced staff you need to do the 290b and pay. Again keep your focus on getting this reopened and deal with complaints later.