I130 lost between local office and INS
Oct 31st 2001, 12:05 am
#1
Guest
Posts: n/a
Hi: I was wondering if any of you have any suggestions to my situation:
My wife who is a native born US citizen petitioned an I130 on my behalf on October,
2000. I did not file a I485 at that time because I was on a J1 visa and was subject
to the 2 year home residency requirement ( 212(e) requirement ). I called the Vermont
Service Center automated line and found out that the file was transfered to the
Baltimore local office on June 29th. This supposedly is an error and the local office
claimed that they sent the form back to Vermont. My attorney has not been of much
help. I called both offices and they both don't seem to know the fate of the
application. If any of you could give us some suggestions we will be grateful.
Thanks -JJ
PS: I will post a summary of all replies in this forum.
My wife who is a native born US citizen petitioned an I130 on my behalf on October,
2000. I did not file a I485 at that time because I was on a J1 visa and was subject
to the 2 year home residency requirement ( 212(e) requirement ). I called the Vermont
Service Center automated line and found out that the file was transfered to the
Baltimore local office on June 29th. This supposedly is an error and the local office
claimed that they sent the form back to Vermont. My attorney has not been of much
help. I called both offices and they both don't seem to know the fate of the
application. If any of you could give us some suggestions we will be grateful.
Thanks -JJ
PS: I will post a summary of all replies in this forum.
Oct 31st 2001, 5:13 am
#2
Guest
Posts: n/a
Jaison Jacob wrote:
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You may have to get another attorney. This one sounds lame.
Another thing you can do is to enlist the help of your Congressperson. Call the
member of the House of Representatives for your residence, at the local office, and
ask to speak with a person in charge of immigration inquires.
If the petition has indeed been lost, the proper course of action is to file a
duplicate petition. If you can prove the petition was originally filed, for example
with the receipt notice, the duplicate petition should be accepted without fee.
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You may have to get another attorney. This one sounds lame.
Another thing you can do is to enlist the help of your Congressperson. Call the
member of the House of Representatives for your residence, at the local office, and
ask to speak with a person in charge of immigration inquires.
If the petition has indeed been lost, the proper course of action is to file a
duplicate petition. If you can prove the petition was originally filed, for example
with the receipt notice, the duplicate petition should be accepted without fee.
Jun 17th 2003, 2:40 am
#3
Just Joined
Joined: May 2003
Posts: 19
Hi Jaison
I'd be interested to know what the outcome of your situtation was.
Im in a similar predicament, my I-130 was approved way back in 1999 and my priority date is now current - however the Texas service center never sent my approved petition off to the National Visa Center so I cant apply for my green card.
Ive tried faxing and calling both the NVC and BCIS and nothing productive has happened (they all tell me to wait on the outcome of the faxes, but asking someone to wait 90 days on the offchance they will deal with your issue is not productive in my book).
Adam
I'd be interested to know what the outcome of your situtation was.
Im in a similar predicament, my I-130 was approved way back in 1999 and my priority date is now current - however the Texas service center never sent my approved petition off to the National Visa Center so I cant apply for my green card.
Ive tried faxing and calling both the NVC and BCIS and nothing productive has happened (they all tell me to wait on the outcome of the faxes, but asking someone to wait 90 days on the offchance they will deal with your issue is not productive in my book).
Adam
