Ombudsman success EAD?

[chancecody 125]

Has anyone here had any recent success using the CIS Ombudsman to expedite their case such as EAD? According to the CIS Ombudsman website, they can help with “Cases involving an emergency or a hardship that fall under USCIS expedite criteria.”

 

Long story short I requested an expedite with USCIS on Sept 3rd, faxed proof of financial loss as requested by USCIS on Oct 1 and no response since then. I contacted my Senator’s office who had been helping me since Oct 1 but it is going nowhere. My pending job offer expires on October 29th. I wanted to find out if anyone had any experience with the CIS Ombudsman. Thanks.

[Boiler 45,535]

I have not, not sure they operate on that sort of timescale 

[igoyougoduke 1,656]

53 minutes ago, chancecody said:

Has anyone here had any recent success using the CIS Ombudsman to expedite their case such as EAD? According to the CIS Ombudsman website, they can help with “Cases involving an emergency or a hardship that fall under USCIS expedite criteria.”

 

Long story short I requested an expedite with USCIS on Sept 3rd, faxed proof of financial loss as requested by USCIS on Oct 1 and no response since then. I contacted my Senator’s office who had been helping me since Oct 1 but it is going nowhere. My pending job offer expires on October 29th. I wanted to find out if anyone had any experience with the CIS Ombudsman. Thanks.

they are mostly useless. what is the status of expedited request ? did uscis approve or deny ?

[chancecody 125]

15 minutes ago, igoyougoduke said:

they are mostly useless. what is the status of expedited request ? did uscis approve or deny ?

They have not approved nor deny. It is stuck in la la land. I have a pending job offer and proof of hardship letter so it is a matter of getting it to the hands of the officer and approving it. By the way, the Ombudsman cannot help if it was already denied according to their website.

[HRQX 4,145]

1 hour ago, chancecody said:

I wanted to find out if anyone had any experience with the CIS Ombudsman.

The Ombudsman office has it's own backlog which is a major drawback. Once the CISOMB personnel analyze the case and contact USCIS I've had multiple positive resolutions in my cases in which I contacted them about.

[igoyougoduke 1,656]

1 hour ago, chancecody said:

They have not approved nor deny. It is stuck in la la land. I have a pending job offer and proof of hardship letter so it is a matter of getting it to the hands of the officer and approving it. By the way, the Ombudsman cannot help if it was already denied according to their website.

your best bet is to file mandamus in civil court. otherwise you are the mercy of uscis 

[chancecody 125]

10 hours ago, igoyougoduke said:

your best bet is to file mandamus in civil court. otherwise you are the mercy of uscis 

Thanks but I do not believe I have reached that stage. I am within processing time and the delay is really on Expedite which is not guaranteed. I have heard of successful expedite requests within 10 days but mine is reaching the 60 day mark. 

 

One thing that I wonder though is if someone can successfully sue USCIS if they can prove that USCIS did not act in a reasonable amount of time which resulted in severe financial loss. For example, let’s say the job offer and severe financial loss that can be proven is $200K. The plaintiff could argue that usually USCIS gives a decision within 10 days but they let the job offer expire etc and the missed opportunity resulted in $200K loss. I am not  saying I will do this as I am not the litigious type LOL but just wondering if it ever happened.

[SteveInBostonI130 3,459]

From my understanding, there is no obligation from USCIS to process applications by X days/weeks/months. They offer estimated times, but they are not in a legal contract with you for service at a set timeframe.

[igoyougoduke 1,656]

3 hours ago, chancecody said:

Thanks but I do not believe I have reached that stage. I am within processing time and the delay is really on Expedite which is not guaranteed. I have heard of successful expedite requests within 10 days but mine is reaching the 60 day mark. 

 

One thing that I wonder though is if someone can successfully sue USCIS if they can prove that USCIS did not act in a reasonable amount of time which resulted in severe financial loss. For example, let’s say the job offer and severe financial loss that can be proven is $200K. The plaintiff could argue that usually USCIS gives a decision within 10 days but they let the job offer expire etc and the missed opportunity resulted in $200K loss. I am not  saying I will do this as I am not the litigious type LOL but just wondering if it ever happened.

good luck trying to sue federal government 

[Boiler 45,535]

One of the many disadvantages of the K1.

[Verrou 1,962]

18 hours ago, chancecody said:

Has anyone here had any recent success using the CIS Ombudsman to expedite their case such as EAD? According to the CIS Ombudsman website, they can help with “Cases involving an emergency or a hardship that fall under USCIS expedite criteria.”

 

Long story short I requested an expedite with USCIS on Sept 3rd, faxed proof of financial loss as requested by USCIS on Oct 1 and no response since then. I contacted my Senator’s office who had been helping me since Oct 1 but it is going nowhere. My pending job offer expires on October 29th. I wanted to find out if anyone had any experience with the CIS Ombudsman. Thanks.

last year i tried CIS ombudsman and also asked help from my congresswoman regarding of my EAD got sent back to USCIS. untill the case resolved ( thanks to congresswoman) i had no response from ombudsman. so in my experience, if you need it fast, it definitely not from ombudsman

 

agree with @igoyougoduke no point to try to sue federal government. especially if you never have EAD before ( not renewal). i didnt even look for a job until i received my EAD because all the companies that i applied always ask question " do you have working permit "

Edited October 25, 2021 by Misscloud

[Letspaintcookies 2,310]

8 hours ago, chancecody said:

Thanks but I do not believe I have reached that stage. I am within processing time and the delay is really on Expedite which is not guaranteed. I have heard of successful expedite requests within 10 days but mine is reaching the 60 day mark. 

 

One thing that I wonder though is if someone can successfully sue USCIS if they can prove that USCIS did not act in a reasonable amount of time which resulted in severe financial loss. For example, let’s say the job offer and severe financial loss that can be proven is $200K. The plaintiff could argue that usually USCIS gives a decision within 10 days but they let the job offer expire etc and the missed opportunity resulted in $200K loss. I am not  saying I will do this as I am not the litigious type LOL but just wondering if it ever happened.

I would argue back that if working was a priority for the immigrant they should have made a wiser decision when choosing the visa they're going for 😉

No seriously I understand that it sucks to lose the opportunity but as you said yourself expedites are not a guarantee. Everything is backlogged and my guess is that way more are trying to expedite which leads to backlogs in that department too.

[arken 4,197]

8 hours ago, chancecody said:

if someone can successfully sue USCIS if they can prove that USCIS did not act in a reasonable amount of time which resulted in severe financial loss. For example, let’s say the job offer and severe financial loss that can be proven is $200K. The plaintiff could argue that usually USCIS gives a decision within 10 days but they let the job offer expire etc and the missed opportunity resulted in $200K loss.

Unless uscis signed a contract that they will approve one's EAD expedite request in 10days, nobody can successfully sue them for financial loss.

 

 

[chancecody 125]

Thanks everyone! Just to clarify, I did not say I will sue the US government 😂. It was a hypothetical question and I was wondering if it ever happened to other people. Like I said I am not the litigious type.

 

Updates:

• CIS Ombudsman: I filled out the DH 7001 form yesterday and got an automatic email confirmation same day. This morning a person acknowledged the case via email and told me it was transferred to the analyst who will analyze if they can do something about it. Not sure about timeline but I read on reddit that it takes them 10 days.
• Member of Congress: The US Senator Office in my area also told me today she contacted the liaison at the NBC where the case is being processed. Not sure if that will do something. 
• Job Offer: I asked my prospective employer if they can extend the offer. They already did for 30 days so not sure if they can extend more but I asked anyway.

 

 

[HRQX 4,145]

27 minutes ago, chancecody said:

This morning a person acknowledged the case via email and told me it was transferred to the analyst who will analyze if they can do something about it.

The triage analyst can decide to put your assistance request in a faster line. For example, I contacted them about a year ago on Oct. 25, 2020 because USCIS made a clear error on a case I filed and USCIS reversed the initial denial on Nov. 3:

So less than 2 weeks for that assistance request.