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aleac

I had to sue USCIS

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Filed: Citizen (apr) Country: Argentina
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Just now, millefleur said:

Ah thanks, must have missed it. So it worked then. Kind of disheartening to see that USCIS is turning into a "pay to win" institution (via hiring lawyers.) :(

Agree 100%.

 

 

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Filed: Citizen (apr) Country: Germany
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What response did you got from USCIS other that suddenly everything went it's way? Like an actual statement to the lawsuit.

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33 minutes ago, aleac said:

In my case it was $4000, but I believe every case might be different

It's a LOT of money, that's why I tried every possible avenue before I did it.

Wow! That is indeed A LOT. Especially considering that it was for them to do something they were supposed to do in the first place. 

Truly sorry you had to resort to this but glad it worked out.

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3 hours ago, aleac said:

Hi all,

This is just a summary of the events that led me to file a lawsuit with al lawyer called "Writ of Mandamus" to move my case forward.

Removal of conditions filed in July 2019.

October 2019 Fingerprints taken

No movement for 2 years. In the meantime all my fellow July 2019 filers had been approved.

In March 2021 my case was very much outside processing times, so I started contacting the DHS Ombudsman, my local representative and my 2 US Senators. Not one of them ever replied, nor contacted me in any way. With USCS I filed about 8 or 9 Service Requests. Not a single one was ever adressed. They were closed without any explaination.

 

After 30 months waiting, I decided to file a lawsuit in October of this year, within 3 weeks my Removal of Conditions was approved and my N400 interview was scheduled and last week I became a Citizen.

 

This should not be normal. Blaming COVID for these ridiculous delays is an easy excuse.

I have a strong case, both me and my wife have good jobs, I am not from a "conflictive" country (whatever that means) of course no criminal records and I pay a lot in taxes to Uncle Sam.

 

This process has been a complete nightmare to me and my family and I hope I never have to step inside a USCIS office ever again. 

 

I wish you all the best of luck,

did you file a mandamus ? you should have done it past 90 days of filing application 

Edited by igoyougoduke

duh

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32 minutes ago, Letspaintcookies said:

What response did you got from USCIS other that suddenly everything went it's way? Like an actual statement to the lawsuit.

USCIS just approves petition to get rid of the case. This is pretty normal as they have a special desk within office when a lawsuit is filed. They know its less $$$ to give a decision than to fight it 

duh

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Filed: Citizen (apr) Country: Argentina
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1 hour ago, Letspaintcookies said:

What response did you got from USCIS other that suddenly everything went it's way? Like an actual statement to the lawsuit.

Yes. About 2-3 weeks after USCIS was served the ROC was approved and the N400 interview scheduled

49 minutes ago, igoyougoduke said:

USCIS just approves petition to get rid of the case. This is pretty normal as they have a special desk within office when a lawsuit is filed. They know its less $$$ to give a decision than to fight it 

That's exactly what happened

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Filed: IR-1/CR-1 Visa Country: Pakistan
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9 hours ago, aleac said:

Hi all,

This is just a summary of the events that led me to file a lawsuit with al lawyer called "Writ of Mandamus" to move my case forward.

Removal of conditions filed in July 2019.

October 2019 Fingerprints taken

No movement for 2 years. In the meantime all my fellow July 2019 filers had been approved.

In March 2021 my case was very much outside processing times, so I started contacting the DHS Ombudsman, my local representative and my 2 US Senators. Not one of them ever replied, nor contacted me in any way. With USCS I filed about 8 or 9 Service Requests. Not a single one was ever adressed. They were closed without any explaination.

 

After 30 months waiting, I decided to file a lawsuit in October of this year, within 3 weeks my Removal of Conditions was approved and my N400 interview was scheduled and last week I became a Citizen.

 

This should not be normal. Blaming COVID for these ridiculous delays is an easy excuse.

I have a strong case, both me and my wife have good jobs, I am not from a "conflictive" country (whatever that means) of course no criminal records and I pay a lot in taxes to Uncle Sam.

 

This process has been a complete nightmare to me and my family and I hope I never have to step inside a USCIS office ever again. 

 

I wish you all the best of luck,

May be we all should follow suit 

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Filed: IR-1/CR-1 Visa Country: Nigeria
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9 hours ago, aleac said:

In my case it was $4000, but I believe every case might be different

It's a LOT of money, that's why I tried every possible avenue before I did it.

You did the right thing I hope you sue em to cover attorneys fees 

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Filed: Citizen (apr) Country: Argentina
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11 hours ago, Letspaintcookies said:

What response did you got from USCIS other that suddenly everything went it's way? Like an actual statement to the lawsuit.

As @igoyougoduke explains below, USCIS basically does not have time to "fight" the case so they just move the case forward, and once it's approved the lawsuit is automatically withdrawn

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Filed: Citizen (apr) Country: Mexico
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16 hours ago, aleac said:

I received automatic responses from the DHS and my representative. But it was "your request was received". Nothing else.

Never an email or call addressing my case in particular.

For both Senators I filled their forms and sent them via both email and actual physical mail. I never heard anything from them.

I think I am going to do the same thing as you if my ROC is not approved or at least hear communication until fall of 2022 about the ROC or Citizenship application.  We applied for ROC in July 2020, fingerprints December 2020 and ever since nothing, ziltch not a word.  We will apply for citizenship once the tax refund comes this spring.  

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Filed: Citizen (apr) Country: Argentina
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13 minutes ago, Ben & Katy said:

I think I am going to do the same thing as you if my ROC is not approved or at least hear communication until fall of 2022 about the ROC or Citizenship application.  We applied for ROC in July 2020, fingerprints December 2020 and ever since nothing, ziltch not a word.  We will apply for citizenship once the tax refund comes this spring.  

That seems OK, sometimes I think I waited 6 months too long.

But I'm all done now thankfully

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Filed: Citizen (apr) Country: Russia
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53 minutes ago, Ben & Katy said:

I think I am going to do the same thing as you if my ROC is not approved or at least hear communication until fall of 2022 about the ROC or Citizenship application.  We applied for ROC in July 2020, fingerprints December 2020 and ever since nothing, ziltch not a word.  We will apply for citizenship once the tax refund comes this spring.  

Be sure to exhaust all other resources such as congressmen and ombudsman first. Perhaps filing for citizenship will have an effect, it has worked for some.

Edited by millefleur

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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Filed: Citizen (apr) Country: Mexico
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18 minutes ago, millefleur said:

Be sure to exhaust all other resources such as congressmen and ombudsman first. Perhaps filing for citizenship will have an effect, it has worked for some.

That is what I intend to do.  I would like to avoid forking out $4,000 if I don't have to.  

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Filed: Citizen (apr) Country: Russia
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So crazy that nobody ever replied to you!

 

Our timelines are (were) very similar, and I also had to wait for a very long time to get approved. But each time I reached out to my local senator (VT, NJ, and CO) - I received a very prompt response, and they were actually able to help me move my case along each time.

 

I also had to schedule an infopass appointment for I-551 stamp, and was put on a call list, and the officer called me back within promised period. 

And had at least 3 calls with USCIS Tier 1 only, and all were extremely pleasant and actually had some answers for me... 

 

Sad you had to pay $4k to get your case approved that should have been approved for free anyway...

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

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