I-129F Adjudication Delay
Dec 22nd 2005, 2:18 pm
#1
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I-129F Adjudication Delay
Hello to all. I am a new member here on this site and have a question for those knowledgable about the I-129F adjudication process.
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
Dec 22nd 2005, 2:33 pm
#2
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Posts: 16,266
Re: I-129F Adjudication Delay
Originally Posted by visa4us
Hello to all. I am a new member here on this site and have a question for those knowledgable about the I-129F adjudication process.
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
Hi:
There is a section in the Administrative Procedures Act which allows for a cause of action for administrative decision unreasonably withheld. If you sue, the Government will have 60 days to file a reponse with the Court. Quite often, these suits are "mooted" by an adjudication.
BTW, you don't get an "NOA2" if the adjudication is a denial.
Dec 22nd 2005, 2:46 pm
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Re: I-129F Adjudication Delay
Originally Posted by Folinskyinla
Hi:
There is a section in the Administrative Procedures Act which allows for a cause of action for administrative decision unreasonably withheld. If you sue, the Government will have 60 days to file a reponse with the Court. Quite often, these suits are "mooted" by an adjudication.
BTW, you don't get an "NOA2" if the adjudication is a denial.
There is a section in the Administrative Procedures Act which allows for a cause of action for administrative decision unreasonably withheld. If you sue, the Government will have 60 days to file a reponse with the Court. Quite often, these suits are "mooted" by an adjudication.
BTW, you don't get an "NOA2" if the adjudication is a denial.
Indeed attempting to compel the US government to do anything is not likely to meet with more that a moot reception and additional delays. Yep, you're correct, a denial does NOT net an NOA2, but a denial must be accompanied by a reason and the action required to overcome. After spending nearly 7 months waiting what is taking many others a matter of days and weeks, it's simply getting quite wearisome....
Dec 22nd 2005, 2:48 pm
#4
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Re: I-129F Adjudication Delay
Originally Posted by visa4us
Thanks for the quick reply :-)
Indeed attempting to compel the US government to do anything is not likely to meet with more that a moot reception and additional delays. Yep, you're correct, a denial does NOT net an NOA2, but a denial must be accompanied by a reason and the action required to overcome. After spending nearly 7 months waiting what is taking many others a matter of days and weeks, it's simply getting quite wearisome....
Indeed attempting to compel the US government to do anything is not likely to meet with more that a moot reception and additional delays. Yep, you're correct, a denial does NOT net an NOA2, but a denial must be accompanied by a reason and the action required to overcome. After spending nearly 7 months waiting what is taking many others a matter of days and weeks, it's simply getting quite wearisome....
Do note that the statute requires "unreasonable" delay or withholding. We have no idea if that is present here or not.
Dec 22nd 2005, 2:48 pm
#5
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Re: I-129F Adjudication Delay
Originally Posted by Folinskyinla
Hi:
There is a section in the Administrative Procedures Act which allows for a cause of action for administrative decision unreasonably withheld. If you sue, the Government will have 60 days to file a reponse with the Court. Quite often, these suits are "mooted" by an adjudication.
There is a section in the Administrative Procedures Act which allows for a cause of action for administrative decision unreasonably withheld. If you sue, the Government will have 60 days to file a reponse with the Court. Quite often, these suits are "mooted" by an adjudication.
Dec 22nd 2005, 2:50 pm
#6
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Re: I-129F Adjudication Delay
Originally Posted by visa4us
Where can I find this?
The United States Code. I don't recall the citation off the top of my head.
Dec 22nd 2005, 6:12 pm
#7
Joined: Apr 2002
Posts: 35,082
Re: I-129F Adjudication Delay
Originally Posted by visa4us
Hello to all. I am a new member here on this site and have a question for those knowledgable about the I-129F adjudication process.
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
I filed a petition with the TSC in early June of 2005. The petition was forwarded to the CSC for processing, where it now remains. I have been informed that my petition has BEEN DELAYED and is undergoing DETAILED REVIEW. As of today, 12/22/2005 I have not seen a single petitioner that has filed an I-129F in 2005 that has waited longer than I to have their petition adjudcated. I have contacted my congressmen and US senators, but continue to receive the same replies from the USCIS.
Does anyone know whether there is anything under US law that a USC can do to insist that a petition be adjudicated immediately for an up or down decision? Of course we want to avoid further delay on this case as we are nearing 7 months and still no NOA2.
Thanks in advance
You might not be as special as you think
Dec 22nd 2005, 6:15 pm
#8
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Re: I-129F Adjudication Delay
Originally Posted by visa4us
Where can I find this?
Dec 22nd 2005, 6:26 pm
#9
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Re: I-129F Adjudication Delay
Originally Posted by meauxna
Have you reviewed CSC transfer cases at visajourney.com? I know I have seen other people there who are in/have been in Detailed Review, and I've seen some still waiting there from June.
You might not be as special as you think
You might not be as special as you think
:-)
Dec 22nd 2005, 8:30 pm
#10
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Re: I-129F Adjudication Delay
Originally Posted by visa4us
The only one that's been waiting since June on VJ is me....
:-)
:-)
Dec 22nd 2005, 8:59 pm
#11
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Re: I-129F Adjudication Delay
Originally Posted by Matthew Udall
I can understand why you would now join BE in order to try to get some answers. Hope your case is approved soon, without an RFE.
The OP has told us NOTHING about his case other than its taking what seems a long time to him. If he was sitting in my office I would have LOTS of questions for him.
I, too, wish him best of luck.
Dec 23rd 2005, 12:51 pm
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Re: I-129F Adjudication Delay
Originally Posted by Folinskyinla
Matt:
The OP has told us NOTHING about his case other than its taking what seems a long time to him. If he was sitting in my office I would have LOTS of questions for him.
I, too, wish him best of luck.
The OP has told us NOTHING about his case other than its taking what seems a long time to him. If he was sitting in my office I would have LOTS of questions for him.
I, too, wish him best of luck.
Here's a little background:
1. Filed I-129F on 6/6/2005
2. Processing at CSC
3. Country China
4. Consulate; Guangzhou
5. Received Date; NOA1 6/9/2005
6. Notice Date; NOA1 6/17/2005
Received notification from USCIS in late November that my case was delayed and undergoing detailed review. That notice further indicated that a decision was expected within six weeks.
Dec 23rd 2005, 1:00 pm
#13
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Re: I-129F Adjudication Delay
Originally Posted by visa4us
That notice further indicated that a decision was expected within six weeks.
Ian
Dec 23rd 2005, 1:13 pm
#14
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Posts: 16,266
Re: I-129F Adjudication Delay
Originally Posted by visa4us
By all means, please feel free to ask.
Here's a little background:
1. Filed I-129F on 6/6/2005
2. Processing at CSC
3. Country China
4. Consulate; Guangzhou
5. Received Date; NOA1 6/9/2005
6. Notice Date; NOA1 6/17/2005
Received notification from USCIS in late November that my case was delayed and undergoing detailed review. That notice further indicated that a decision was expected within six weeks.
Here's a little background:
1. Filed I-129F on 6/6/2005
2. Processing at CSC
3. Country China
4. Consulate; Guangzhou
5. Received Date; NOA1 6/9/2005
6. Notice Date; NOA1 6/17/2005
Received notification from USCIS in late November that my case was delayed and undergoing detailed review. That notice further indicated that a decision was expected within six weeks.
You have been TOLD what is happening. You have been TOLD that there is something "special" about the case. BTW, in many cases of undue delay, the person is told NOTHING and that is what is really irritating.
Of course, you still give nothing that indicates what might be different about your case. What I do see is an underlying feeling that no one else should have a case approved until YOUR case is adjudicated.
Merry Christmas.
Dec 23rd 2005, 1:31 pm
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Re: I-129F Adjudication Delay
Originally Posted by Folinskyinla
Hi:
What I do see is an underlying feeling that no one else should have a case approved until YOUR case is adjudicated.
Merry Christmas.
What I do see is an underlying feeling that no one else should have a case approved until YOUR case is adjudicated.
Merry Christmas.
The only way I was able to get even this little bit of information from the USCIS is from my Senator's office. My attempts contacting the USCIS netting absolutely nothing.
While I do NOT have an underlying feeling of expecting that other's cases should NOT be adjudicated before mine, I am skeptical as to whether my case will in fact be adjudicated within this time period.