How you can have a simple case, do everything perfect, and INS still screw you over!
Oct 11th 2004, 10:39 pm
#16
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Posts: 39
Re: How you can have a simple case, do everything perfect, and INS still screw you ov
I have a similar problem the INS seems to have duplicated my file. I recenntly filed my change of address in July. After that I got a notice saying welcome to the US, you're green card is in the mail etc. I thought it was strange because I've already had a green card for almost 2 years. In fact I sent the change of address in, in preparation for sending in my removal of conditions. After I sent in my removal of conditions I got 2 reply letters back saying my green card is extended for 1 year, pending processing of the removal of conditions. I looked at the A# on both letters and they were one # off from each other.
Now I am going to send the INS, California Service Center a letter letting them know cause I don't want problems. But maybe the duplicate is your lost file is that even possible. We're at totally different stages but I guess anything is possible. I could send you a private message with the A# from the other letter if that would help. I'm not really comfortable just posting it since technically anyone can read these messages and its really close to my A#.
Hope you get everything figured out.
Karen
Now I am going to send the INS, California Service Center a letter letting them know cause I don't want problems. But maybe the duplicate is your lost file is that even possible. We're at totally different stages but I guess anything is possible. I could send you a private message with the A# from the other letter if that would help. I'm not really comfortable just posting it since technically anyone can read these messages and its really close to my A#.
Hope you get everything figured out.
Karen
Originally Posted by Jana
Hi Jamie. We have copies of copies of copies. My little filing box which used to house all my important papers is now busting at the seams. We will bring them the whole box if we must!!!
Update on Marc: His work is going to excuse his absense if "it doesn't take too long". You know the INS, their wait times are Too long, forever, and yeah right!
Jana
Update on Marc: His work is going to excuse his absense if "it doesn't take too long". You know the INS, their wait times are Too long, forever, and yeah right!
Jana
Oct 11th 2004, 11:37 pm
#17
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Posts: 3,825
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Jana
<====THIS IS LONG====>
First I would like to start by saying I know there are cases out there who have had a lot of ups and downs due to different circumstances such as previous divorce, overstays, etc. I feel for you, I really do. But my situation could not be more simple.
First I would like to start by saying I know there are cases out there who have had a lot of ups and downs due to different circumstances such as previous divorce, overstays, etc. I feel for you, I really do. But my situation could not be more simple.
Oct 11th 2004, 11:51 pm
#18
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Joined: Sep 2004
Posts: 49
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Jana
<====THIS IS LONG====>
First I would like to start by saying I know there are cases out there who have had a lot of ups and downs due to different circumstances such as previous divorce, overstays, etc. I feel for you, I really do. But my situation could not be more simple. My husband came into this country on a K-1 visa. It took 10 months just to obtain that. Very difficult time for us to be apart like that when we wanted to start a marriage, but we pushed through. We made it! We got married June 20, 2003 and couldn't be happier. Shortly there after we filed for AOS at the Atlanta District Office. Our receipt is dated August 1, 2003. We applied for an EAD at the same time and it was granted on October 1, 2003.
So far so good....
Now, Atlanta is rather slow when it comes to adjucating AOS. In fact, their online status says they are still processing cases from 2002. So, we knew that we would probably be without the green card for quiet a long time. We didn't care. As long as we were together it wouldn't effect us that much. On July 7, 2004 my husband submitted his renewal application for his EAD. We did it online and went to Birmingham, Alabama to have his fingerprints done on July 24, 2004. We started to get a little concerned that he wouldn't receive it in time while checking online status for the National Benefits Center. We realized he would have to take a week off work because the card expired on October 1st and he couldn't get an interim until it had been 90 days which landed on Friday. His work was gracious enough to let him take the week off.
One weeks worth of pay gone = not so bad....
OK...this is where the juice of this story starts....
We woke up at 4 a.m. central on Friday morning and made a four hour journey to Atlanta for his interim EAD appointment. His appointment was at 12:15 eastern and we walked in at 12 p.m. with his infopass appointment in hand. We walked to the little desk, presented our letter and was directed to go to Room 111. We waited about 2 hours watching every single person in the room go to the counter except us. Finally, with only ourselves and another person in the room (who had already been called but was waiting on something) we were called to the counter. It went something like this:
Officer: Do you have your AOS receipt.
Me: Do you want the original or a copy (cause I had my hubby very prepared)
Officer: A copy is fine.
Marc (my husband) hands her a copy of the receipt.
Officer: Hmmmm
Me: What's wrong?
Officer: His file isn't here.
Me: What does that mean?
Officer: It was sent to the National Office (not sure exactly what she called it)
Me: OK, what does that mean?
Officer: The National Office is where cases go when they have been adjucated. It was sent there on July 18, 2003.
Me: Oh, that must be his K-1 file. Because we didn't file for AOS until August 1, 2003.
Officer: Well his file isn't here I will have to request it.
Me: Huh? (we are terribly confused and scared at this point...my husband was just sitting there in shocked silence)
Officer: We can't issue him an interim EAD.
Me: He is going to lose his job.
Officer: Well we can't issue him a card because we have to have the file.
Me: Can someone fax it over?
Officer: Not since 9/11 (god i hate that excuse)
Me: Uh...he is going to lose his job if he doesn't get this card, he has already been off for a week.
Officer: Well he isn't getting a card today.
Me: We drove four hours to be here. We had an appointment
Officer: Well you will have to drive 4 hours back when we get his file.
Me: We did everything by the book, this isn't our mistake but we are going to be hurting because of it.
Officer: Well you signed an affidavit of support saying you can support him.
Me: I can support him but we have plans. Imagine if you lost your job, how it would effect your family.
Officer: Well I can't help you. Do you want ME to lose MY job?
Me: ...
Officer: Want to talk to a supervisor?
Me: Yes please!
Sigh...so the supervisor says the same thing. Our case is so absolutely simple. No children, no previous marriages, no overstays. Just me and my husband. We left that place with no interim EAD, my husband will lose his job. Yes, I can afford to take care of him, but our plans to move, to have kids, to live away from the confines of the INS just got moved back to as long as they want to toy with us, which God only knows how long that will be.
Another thing I was told was that I should have already had my interview. Well that is total crap because I have heard of no one who has had their interview from Atlanta that soon. When I told the supervisor that my husband would lose his job she said "Do you have a letter of termination so we can expedite it?" What kind of question is that? Of course we don't! We had no way of knowing they were going to LOSE OUR FILE. She could have cared less.
So here I am...I have no idea what to do next. We are just totally in shock. We were told they would call us when the file comes in but I am not holding my breath. We don't know if we are going to have to resubmit. What about the hundreds of dollars I have poured into the INS. I just don't get it. Is there legal action to take? Will a senator help? Am I just screwed? This is not right, I am so completely angered that they can just take your life and twist it whatever way they see fit and then they JUST DON'T CARE!!! This is my life, my husband's life. They could care less....I give up! They win! Please, someone tell me there is SOMETHING that can be done?
First I would like to start by saying I know there are cases out there who have had a lot of ups and downs due to different circumstances such as previous divorce, overstays, etc. I feel for you, I really do. But my situation could not be more simple. My husband came into this country on a K-1 visa. It took 10 months just to obtain that. Very difficult time for us to be apart like that when we wanted to start a marriage, but we pushed through. We made it! We got married June 20, 2003 and couldn't be happier. Shortly there after we filed for AOS at the Atlanta District Office. Our receipt is dated August 1, 2003. We applied for an EAD at the same time and it was granted on October 1, 2003.
So far so good....
Now, Atlanta is rather slow when it comes to adjucating AOS. In fact, their online status says they are still processing cases from 2002. So, we knew that we would probably be without the green card for quiet a long time. We didn't care. As long as we were together it wouldn't effect us that much. On July 7, 2004 my husband submitted his renewal application for his EAD. We did it online and went to Birmingham, Alabama to have his fingerprints done on July 24, 2004. We started to get a little concerned that he wouldn't receive it in time while checking online status for the National Benefits Center. We realized he would have to take a week off work because the card expired on October 1st and he couldn't get an interim until it had been 90 days which landed on Friday. His work was gracious enough to let him take the week off.
One weeks worth of pay gone = not so bad....
OK...this is where the juice of this story starts....
We woke up at 4 a.m. central on Friday morning and made a four hour journey to Atlanta for his interim EAD appointment. His appointment was at 12:15 eastern and we walked in at 12 p.m. with his infopass appointment in hand. We walked to the little desk, presented our letter and was directed to go to Room 111. We waited about 2 hours watching every single person in the room go to the counter except us. Finally, with only ourselves and another person in the room (who had already been called but was waiting on something) we were called to the counter. It went something like this:
Officer: Do you have your AOS receipt.
Me: Do you want the original or a copy (cause I had my hubby very prepared)
Officer: A copy is fine.
Marc (my husband) hands her a copy of the receipt.
Officer: Hmmmm
Me: What's wrong?
Officer: His file isn't here.
Me: What does that mean?
Officer: It was sent to the National Office (not sure exactly what she called it)
Me: OK, what does that mean?
Officer: The National Office is where cases go when they have been adjucated. It was sent there on July 18, 2003.
Me: Oh, that must be his K-1 file. Because we didn't file for AOS until August 1, 2003.
Officer: Well his file isn't here I will have to request it.
Me: Huh? (we are terribly confused and scared at this point...my husband was just sitting there in shocked silence)
Officer: We can't issue him an interim EAD.
Me: He is going to lose his job.
Officer: Well we can't issue him a card because we have to have the file.
Me: Can someone fax it over?
Officer: Not since 9/11 (god i hate that excuse)
Me: Uh...he is going to lose his job if he doesn't get this card, he has already been off for a week.
Officer: Well he isn't getting a card today.
Me: We drove four hours to be here. We had an appointment
Officer: Well you will have to drive 4 hours back when we get his file.
Me: We did everything by the book, this isn't our mistake but we are going to be hurting because of it.
Officer: Well you signed an affidavit of support saying you can support him.
Me: I can support him but we have plans. Imagine if you lost your job, how it would effect your family.
Officer: Well I can't help you. Do you want ME to lose MY job?
Me: ...
Officer: Want to talk to a supervisor?
Me: Yes please!
Sigh...so the supervisor says the same thing. Our case is so absolutely simple. No children, no previous marriages, no overstays. Just me and my husband. We left that place with no interim EAD, my husband will lose his job. Yes, I can afford to take care of him, but our plans to move, to have kids, to live away from the confines of the INS just got moved back to as long as they want to toy with us, which God only knows how long that will be.
Another thing I was told was that I should have already had my interview. Well that is total crap because I have heard of no one who has had their interview from Atlanta that soon. When I told the supervisor that my husband would lose his job she said "Do you have a letter of termination so we can expedite it?" What kind of question is that? Of course we don't! We had no way of knowing they were going to LOSE OUR FILE. She could have cared less.
So here I am...I have no idea what to do next. We are just totally in shock. We were told they would call us when the file comes in but I am not holding my breath. We don't know if we are going to have to resubmit. What about the hundreds of dollars I have poured into the INS. I just don't get it. Is there legal action to take? Will a senator help? Am I just screwed? This is not right, I am so completely angered that they can just take your life and twist it whatever way they see fit and then they JUST DON'T CARE!!! This is my life, my husband's life. They could care less....I give up! They win! Please, someone tell me there is SOMETHING that can be done?
You'll learn as the process goes on that going to visit in person has no benefit. I wouldn't go to 26 Federal unless you know FOR SURE your case is with them. You can find all of this out calling the USCIS main number. If they have your case still pending - then don't bother w/ 26 Federal. Because until it leaves MO, it has nothing to do w/ NY.
GOOD LUCK. Keep your chin-up. No case is an easy case...its all about luck. Oh, and what state you reside in. New York, as fantastic as it is for many many things - had loads of applicants for Green cards. Therefore you're just a number as are hundreds of thousands of people.
Oct 11th 2004, 11:53 pm
#19
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Joined: Apr 2003
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Posts: 58,679
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Matthew Udall
Sorry to hear of your frustrating predicament, but in answer to the title of your thread, "how can they screw up a simple case", they can and do make mistakes in simple cases all the time. A significant amount of my time is devoted to fixing the problems they cause, and "most" of the time, these screw ups are in cases most would classify as "simple" cases. Some fixes are easier than others, and just when I think I've seen just about every screw up they can make, they surprise me with something new.
LOL
Oct 12th 2004, 4:08 am
#20
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Joined: Sep 2004
Posts: 49
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Noorah101
How comforting! LOL
LOLUnfortunately, no post from this forum will be comforting if the person is speaking about applying for a green card in NY. GOOD LUCK! You might be one of the lucky ones that's case doesn't take 31 months
Oct 12th 2004, 1:24 pm
#21
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Thread Starter
Joined: Dec 2002
Posts: 235
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by CSUMBERAC
Unfortunately, no post from this forum will be comforting if the person is speaking about applying for a green card in NY. GOOD LUCK! You might be one of the lucky ones that's case doesn't take 31 months
Oct 12th 2004, 1:33 pm
#22
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Thread Starter
Joined: Dec 2002
Posts: 235
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Matthew Udall
Sorry to hear of your frustrating predicament, but in answer to the title of your thread, "how can they screw up a simple case", they can and do make mistakes in simple cases all the time. A significant amount of my time is devoted to fixing the problems they cause, and "most" of the time, these screw ups are in cases most would classify as "simple" cases. Some fixes are easier than others, and just when I think I've seen just about every screw up they can make, they surprise me with something new.
Hi Matthew,
Long time no talk to. The title of my post is more a "comment" rather than a "question": Like a "how to" if you will. But something has to be done about this. Not because it's me going through this or my husband, but because making a mistake at Burger King means you get a Whopper with Cheese instead of a Double Cheeseburger. Making a mistake at the INS means people lose their jobs, costs people hundreds of dollars, sometimes make people have to leave their loved ones. I have learned over the past two years having dealt with the INS that most of their "mistakes" would be avoidable with proper management and more employees checking and doublechecking. I work as a contractor for the government and our job has to do with Software Engineering. If mistakes are made, we work to correct them through a very streamlined process. I get the impression from your post as well as the officers I spoke with that its just a typical day at the INS and they could care less. It is very frustrating to be such a small voice for such a big problem.
Oct 12th 2004, 1:43 pm
#23
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Thread Starter
Joined: Dec 2002
Posts: 235
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Irony at it's greatest:
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
Oct 12th 2004, 2:55 pm
#24
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Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Jana
Irony at it's greatest:
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
Oct 12th 2004, 3:38 pm
#25
jingling
Joined: Sep 2002
Posts: 18,123
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Jana
Irony at it's greatest:
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
I just checked my husband's online status for his advanced parole...it was approved Friday. Hmmm...how did they approve something that apparently appears to be closed?
That really bites, what happened to you two, while trying to get Marc's EAD. The only way Marc could have gotten his first EAD is if his AOS was filed in the first place, it's too bad that's not proof enough. I guess the CIS does not have some sort of centralized system where they can verify records?
Oct 12th 2004, 4:17 pm
#26
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Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by CSUMBERAC
Unfortunately, no post from this forum will be comforting if the person is speaking about applying for a green card in NY. GOOD LUCK! You might be one of the lucky ones that's case doesn't take 31 months
Rene
Oct 12th 2004, 4:19 pm
#27
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Posts: 268
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
and USCIS strikes again....in a good way this time.....well at least he can travel now...hehe
Oct 12th 2004, 6:20 pm
#28
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Posts: 771
Re: How you can have a simple case, do everything perfect, and INS still screw you over!
I filed my AOS in Atlanta as well this summer, and it has been forwarded to NBC for preprocessing. From Jana's description it follows that to issue an Interim EAD, Atlanta office needs to request an AOS file from NBC and then on the basis of the AOS file issue an interim EAD. Do they then send the file back to NBC?
That just doesn't sound right. An interim EAD is what it is - an interim, issued by the local office where AOS was filed, while the regular EAD is being issued by the NBC.
Hmmm, that means I will have to leave my job next year again (I had to quit my last job, because of a gap between my old EAD and new EAD - and I am now in search of a new job). Darn.
I feel really bad for you, Jana and Marc. Good luck!
That just doesn't sound right. An interim EAD is what it is - an interim, issued by the local office where AOS was filed, while the regular EAD is being issued by the NBC.
Hmmm, that means I will have to leave my job next year again (I had to quit my last job, because of a gap between my old EAD and new EAD - and I am now in search of a new job). Darn.
I feel really bad for you, Jana and Marc. Good luck!
Oct 12th 2004, 6:35 pm
#29
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Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Originally Posted by Jana
Hi Matthew,
Long time no talk to. The title of my post is more a "comment" rather than a "question": Like a "how to" if you will. But something has to be done about this. Not because it's me going through this or my husband, but because making a mistake at Burger King means you get a Whopper with Cheese instead of a Double Cheeseburger. Making a mistake at the INS means people lose their jobs, costs people hundreds of dollars, sometimes make people have to leave their loved ones. I have learned over the past two years having dealt with the INS that most of their "mistakes" would be avoidable with proper management and more employees checking and doublechecking. I work as a contractor for the government and our job has to do with Software Engineering. If mistakes are made, we work to correct them through a very streamlined process. I get the impression from your post as well as the officers I spoke with that its just a typical day at the INS and they could care less. It is very frustrating to be such a small voice for such a big problem.
Long time no talk to. The title of my post is more a "comment" rather than a "question": Like a "how to" if you will. But something has to be done about this. Not because it's me going through this or my husband, but because making a mistake at Burger King means you get a Whopper with Cheese instead of a Double Cheeseburger. Making a mistake at the INS means people lose their jobs, costs people hundreds of dollars, sometimes make people have to leave their loved ones. I have learned over the past two years having dealt with the INS that most of their "mistakes" would be avoidable with proper management and more employees checking and doublechecking. I work as a contractor for the government and our job has to do with Software Engineering. If mistakes are made, we work to correct them through a very streamlined process. I get the impression from your post as well as the officers I spoke with that its just a typical day at the INS and they could care less. It is very frustrating to be such a small voice for such a big problem.
Yes, it's been a while. I agree with you 100%. Immigration cases "are" very important, and the consequences for an error on the USCIS or Consulate's part can have a very significant impact on an individual, couple or family. I was simply saying to you that you are not alone, when it comes to dealing with frustrations caused by their mistakes.
I can't speak for them as to whether or not they care less about mistakes they make. I just toured the VSC, and I came away very impressed with their management and quality control, and I understand they have the same program going on at each of the service centers. But even with that, obviously mistakes are still made. For instance, today I'll be spending a few minutes alerting the CSC that they got the middle name of one of my petitioners off by one letter (someone in data entry hit an "I" instead of an "E", which is not too uncommon of a typo when one looks at where those two letter are in relation to each other on the keyboard). This might not seem like a big deal to some, but I want the CSC to be able to do a "meaningful" IBIS check on this name, and I'd hate to see the case delayed if they have to come back to it when its much further along in the process, if they were to decide they needed to redo the IBIS work due to this misspelling on their part.
Oct 12th 2004, 6:39 pm
#30
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Re: How you can have a simple case, do everything perfect, and INS still screw you over!
Lucy,
I don't think that they actually bring the file to the local office....they check it on the computers. You wouldn't be issued an interim EAD the day you go to get it if that was the case. I think, in Jana's case, Marc's file didn't seem to appear in their computers.
Rukhie
I don't think that they actually bring the file to the local office....they check it on the computers. You wouldn't be issued an interim EAD the day you go to get it if that was the case. I think, in Jana's case, Marc's file didn't seem to appear in their computers.
Rukhie
