Girona40

Can anyone out there answer a question for me? If you move to a different state and your district office changes i.e you have to attend INFOPASS appointments, biometrics, etc., at that new district office, can the old office (which had jurisdiction of your file originally) refuse to release the file to the new office with jurisdiction?

In other words, is there any regulation that says a decision has to come from the office with jurisdiction, or the office that originally took the application?

Thanks

Folinskyinla

Hi:

Until the creation of the centralized filing, you filed with office where you lived. If one moved, it was up to the office with jurisdiction on whether or not to transfer it.

My epxerience is generally that if you WANT to move it, they won't and you DON'T want them to move it, they will.

Girona40

Okay, the local office REQUESTED that the file be transferred to them - they are ready to approve our application! The old office has refused - they are ready to deny our application! Now what?

ian-mstm

How exactly do you know that "they are ready to approve" your application when they've never even seen the file?

Ian

Hypertweeky

Did you receive a letter?, if so what does it say exactly??
You said the "new" office is ready to approve it, what makes you think so?, and the "old" is ready to "deny" it??, why would they??
Are you from Spain??

Girona40

Because when we went to the USCIS office in Pittsburgh the woman there told us that on their "internal" computer record system, it says that my son was APPROVED on 21st July 2003! She said that once she got the file she would see what needed to be done to get his GC issued! Now Washington DC won't release the file!!!

Girona40

The "old" office is saying that if they make a decision - they haven't in nearly 3 years - it will be a denial, based on incorrect "facts" they stated in a letter to us a few months ago.

Hypertweeky

Incorrect facts??, such as?.. I am not trying to be nosey, I am just trying to help out

lovenlife

The DC office said in a response to a congressional aide’s inquiry the reason the original office would decline is:

“In order to qualify as a child of a K-1 fiancée the individual must meet one of the statutory definitions of the term child as found in section 101(b)(1) of the INA. In order to meet any of those definitions, the applicant must be unmarried and under 21 Mr. <name removed> does not meet either of those requirements. In addition Section 245(d) of the INA states an individual entering the US under Section 101(a)(15)(k) of the INA cannot adjust other than through the K, which requires that the individual meet the definition of a child”

First he is not married and never has been.
Second he was under 21 when he filled his application, and
Third sec 245(d) only states that the K-2 must be a child at the time of the marriage.

Girona40

This is the reply I just received from the USCIS Pittsburgh Office.

I will take this opportunity to inform you that the Washington office
will
not
comply to the transfer request as records indicate that there is an
application
in process. As this is the case, Washington still has jurisdiction. In
the
future, please direct all questions in reference to this matter to the
Washington office.

Surely, there are people out there that have moved State while an application is processing. What if we had moved to California, is it reasonable to still be expected to deal with the Washington DC office?

This makes no sense and my son has been waiting for a decision on his AOS application for nearly 3 years. He is in such a depressed state over all this because, as he puts it, he is "stuck between a rock and a hard place". There is no decision forthcoming from DC and they won't let the Pittsburgh office have the file because it is still processing. They are not waiting for any further evidence, anything further from us, and haven't been since he applied.

Pittsburgh are telling us that it was approved two years ago and DC say it is processing. This is just amazing, not to mention totally unreasonable that they put a young man, who followed all the rules, through this kind of stress!

Noorah101

Time to get a very good immigration attorney involved to clear up the mess!

Rene

Girona40

We have tried.

We are awaiting a response from the attorney who offered to take the case. We are not wealthy people and this whole fiasco is going to cost us everything we have. It's not right, in my opinion, that the USCIS can do this to a family. My son's mental state, over all this, is not good and I am seriously worried. Not to mention the stress this is putting on us as a family.

Girona40

They answered the question for me on their own website!! USCIS.gov says.........
All persons with cases pending must keep USCIS notified of any change of address in order to receive important communications from USCIS about the processing of their case (see also "Important Advice", below). Communications can include a request for evidence (RFE), notice to appear for fingerprinting, notice to appear for an interview, TRANSFER OF CASE PROCESSING TO ANOTHER USCIS OFFICE, and final determination on the case.



Also from the USCIS Adjudicator's Field Manual:-

10.4 Transferring Jurisdiction within USCIS.

A case PENDING WITH ONE OFFICE or officer MAY BE TRANSFERRED TO ANOTHER officer or jurisdiction without action for several reasons, such as:

• the case was misfiled and jurisdiction belongs to another office
• THE APPLICANT MOVED TO ANOTHER JURISDICTION
• a case pending with a service center adjudicator appears to warrant a personal interview in a local office
• an officer is transferred to other duties and a supervisory officer transfers pending casework to another officer in the same jurisdiction
• regulations require movement of a case to another office for specific action.

I do not see how they can refuse to transfer the file, stating the reason for refusal being that the case is still being processed!

Matthew Udall

LOL!
I've sometimes had to have the client submit written request to the new office asking them to request the transfer, "and" written request to the old office asking they transfer the file to the new office (I prepare the written requests, they sign them, I submit them along with G-28s).

I recall discussions about this case on the board, and I feel for the couple in question (and their son). Was the reason for the move just to get within the jurisdiction of a new office that might take a different stance on the K-2 issue/problem they are having with the old office? (Just curious and I know Mr. F won't know the answer, but maybe the OP will share).

Matthew Udall

Key words are "May Be" (assuming you are posting accurate info and they didn't use the words, "shall be").