I am mad as hell and

[Stats]

God dam faceless bureaucrats are pissing me off. Seeing Carl's post about removing conditions and I don't even have the damn card yet has pushed me over the edge. My SO thinks I/we have done something wrong and I can't take it anymore.

 

So here is my letter to my Congressman. Please feel free to critique. I need to vent some steam here.

 

June 16, 2006

 

Representative Kevin Brady

428 Cannon Building

Washington, DC 20515

 

Re: Constituent Services – Immigration Issue

 

Dear Representative Brady:

 

I am contacting your office in order to request your assistance in obtaining some information about an immigration issue for my wife. The problem is that my wife’s name check for her I-485 Adjustment of Status (AOS) has been “pending” for almost 2 years.

 

We are unable to obtain any information as to what the problem is. All of the USCIS personnel that I have spoken with have acknowledged that we are significantly outside of normal processing times and have been very apologetic. However, they cannot provide us with any information.

 

I am hoping that a Congressional inquiry from your office might spark some interest in our case and cause someone to ensure that our file is not buried in a pile somewhere. My concern about this is due to a previous experience with no action being taken until we spoke up. Furthermore, until the name check clears and the green card is issued, I continue to be required to pay several hundred dollars per year for Employment Authorization and Advance Parole (permission to re-enter the country) documents.

 

The pertinent details about my wife’s case are as follows:

 

<Snip>

 

I apologize that this will somewhat long. However it is important to understand what has transpired in our immigration case. In May of 2003, I applied for a K-1 Fiancée visa in order for Siqun to join me in America. The application, interview in Guangzhou, and the related name check went smoothly and was timely. In April of 2004, she was able to travel to America. On June 9, 2004 we were married and subsequently filed for her AOS on July 19, 2004. After this, the process started to unravel.

 

In August 2004, she submitted her fingerprints and photograph at a USCIS office for the purpose of a name/background check as part of the AOS process.

 

On December 2, 2004 we received a notice that her AOS interview would be on February 15, 2005. Unfortunately, her father became terminally ill with cancer and she had to return to China in December. Her father died in January and she remained in China for 2 months to help her mother and to recover from her grief. She was actually hospitalized due to her severe grief.

 

In January and February 2005, I sent 2 letters to the Houston USCIS office to inform them of the situation and request a rescheduled AOS interview. Because I received no response, I called the USCIS customer service line about 10-12 times including teleconferencing my wife from China. I was told that we would receive a notice with a rescheduled interview date. That notice never arrived.

 

In April, 2005 my wife and I went to the Houston USCIS office (required a day off from work) to inquire as to why we had not received an new interview date. The person that helped us was very concerned and was able to contact to person “who had our file”. Nothing had been done about rescheduling our interview date. At that point, it was rescheduled. The important point is that nothing would have happened had we not made the inquiry and asked what was going on.

 

On June 22, 2005 we had our AOS interview (required a day off from work). Everything went well and we answered all the applicable questions and provided all the needed documents. I was actually complimented by the officer on the preparation detail. We were approved however the officer said that our name check was “not completed”. She sated that she did not know how long it would take but my wife’s green card could not be issued until the check was finished.

 

We have been going to the Houston USCIS office every 90 days to inquire about our case (a day of from work every time). This is what we were advised to do during our first visit. To date all we have received is that name check “is still pending, we don’t why, we don’t know how long, we don’t know what agency is the problem, and there is nothing we can do”.

 

Based on our previous experience of the AOS interview not being rescheduled until we intervened, I am gravely concerned that our file is in a bureaucratic twilight zone. I suspect that the name check process has generated a “hit” and the file is buried in a pile somewhere.

 

I understand and fully support the need to secure America’s borders in this post-9/11 world. However, I am in a position where I can do nothing nor will the government tell me anything. Accordingly, I respectfully ask that your office contact the Department of Homeland Security and inquire about our case. I am extremely puzzled as to why this name check is a problem, yet the name check that allowed her to enter our country was not a problem. How is America any safer if my wife can enter the country however cannot continue on the path to citizenship?

 

The crux of the problem is that my wife’s background check was started in August 2004. Shortly it will be 2 years to complete this and we are at the mercy of a faceless bureaucracy when we make any inquires about our case. Your assistance would be greatly appreciated.

 

Please contact me at your convenience as I am aware that I will need to fill out some paperwork.

 

With all respect; a grateful loyal constituent

 

<End Rant>

 

The next letter is going Sen. Hutchison if nothing happens.

Edited June 29, 2006 by Stats (see edit history)

[david_dawei]

I think your doing the right move... hopefully it will get someone to take notice.

 

What surprises me the most is that they did a namecheck as part of the visa process.. how much does it really differ for AOS ? Someone just needs to figure out which wheel stopped turning and get it to spin the check out...

 

good luck.

[tonado]

2 years in name check! That sucks. Hope someone can help.

[georgeandli]

Stats, I feel your pain[i really mean it]. When you get to talk to a live person and they agree that things are fouled up but they can't help?? Or like my case they lose a file for four months without an apology or excuse is not right. Be calm and blow your top when everything is over. George is going to his happy place now....Ommmmm

[Mick]

Really sorry to hear of this ongoing nightmare, Stats! It does suck the big one, without a doubt. Keep after them and hang in there.In the end, you will prevail.

[Stats]

Really sorry to hear of this ongoing nightmare, Stats! It does suck the big one, without a doubt. Keep after them and hang in there.In the end, you will prevail.

227787[/snapback]

Thanks Mick. It is great to hear from you. I remember you well from the the early days.

[Mick]

Really sorry to hear of this ongoing nightmare, Stats! It does suck the big one, without a doubt. Keep after them and hang in there.In the end, you will prevail.

227787[/snapback]

Thanks Mick. It is great to hear from you. I remember you well from the the early days.

227857[/snapback]

I remember you as well Stats. Always good to see you posting. I think I joined Candle about four days after you did, way back in 2002. Good luck with this current hassle. Keep us posted.

[rogerluli]

Wow, no doubt you've been screwed, glued and tatooed by the USCIS bureau of nightmares. I hope your Congressperson can help. Good luck.

[Robert S.]

Stats, you did everything right and then your case still went awry. At least you know it was not your fault, unlike me. I did not file AOS when I should have but waited for the approval on the I-130 which I had been erroneously told to do, and I failed to research the question myself. If I had filed in a timely manner our case would have been completed a long time ago. Instead we finally had our AOS interview four months ago when we were told the name check was not complete, and I can't imagine how long we are going to have to wait. The USCIS is not even scheduling interviews any more until the name check is complete because people are taking them to court and sometimes getting a writ of mandamus from the judge to the FBI ordering them to finish the check.

 

http://www.murthy.com/news/n_delcer.html

[Mick]

Stats, you and Mick should get together and commisserate. For both of you, it seems like there was some f....up at every step. Hope yours gets resolved real soon.

228088[/snapback]

Boy, have you got that right Don!

 

We are still dealing with the typos on the green card. It just goes on and on. We file to have conditions removed in September. Wonder how that step will go? We are due to have at least one step without a mess up. Wouldn't be surprised, however, to have to get a sixth set of fingerprints.

[Mick]

Stats, you did everything right and then your case still went awry.  At least you know it was not your fault, unlike me.  I did not file AOS when I should have but waited for the approval on the I-130 which I had been erroneously told to do, and I failed to research the question myself.  If I had filed in a timely manner our case would have been completed a long time ago.  Instead we finally had our AOS interview four months ago when we were told the name check was not complete, and I can't imagine how long we are going to have to wait.  The USCIS is not even scheduling interviews any more until the name check is complete because people are taking them to court and sometimes getting a writ of mandamus from the judge to the FBI ordering them to finish the check.

 

http://www.murthy.com/news/n_delcer.html

228121[/snapback]

Really good to hear from you, Robert. Where ya been, buddy?

[Stats]

The USCIS is not even scheduling interviews any more until the name check is complete because people are taking them to court and sometimes getting a writ of mandamus from the judge to the FBI ordering them to finish the check.

 

http://www.murthy.com/news/n_delcer.html

228121[/snapback]

The Writ of Mandamus is our next option. I have been researching this and have found some excellent write-ups on filing this on a Pro Se basis in Federal District Court.

 

Since nothing resulted from the Congressional inquiry (not that I expected anything) my next steps are as follows:

 

- Send a letter to:

 

- District Director, Houston USCIS Office

- US District Attorney's Office - Houston

- Copy to Sen. Hutchinson

 

stating the facts and that in 30 days I be will filing a Civil Suit against:

 

- Alberto R. Gonzales, United States Attorney General

- Michael Chertoff, Secretary of the Department of Homeland Security

- Emilio T. Gonzalez, Director of United States Citizenship and Immigration Services

- Robert S. Mueller, III, Director of Federal Bureau of Investigation

 

The suit will be based on the fact the above named defendants have failed to adjudicate the application within 120 days after the first examination in violation of the Immigration and Naturalization Act (“INA”) § 336 (b ) and 8 U.S.C. § 1447 (b )

 

 

It will cost a few hundred to file it, but it appears to be very effective in jump starting name check delay. From what I ma reading, the local US DA's office is not happy about being dragged in court for something they know they will lose 95% of the time. So they put tremdous pressure on USCIS to clear it up.

 

We will see. I don't see any other options at this poit.

[Robert S.]

I hate for you to have to spend that money, but I hope that will make a difference. It is unthinkable how this could happen to you. I hope they don't try to just gaff off this lawsuit.

[cosmiclobster]

Go for it Stats!!! Sometimes these beaurocrats have earned themselves a nice swift kick in the ass!

 

Your first letter was excellent but it was only sent to one congressman who chose to blow it off. I would resend the exact same letter to your congressman again and CC copies of it to your senators and every single other person in their chain of command all the way up to the head yahoo in charge (George). One jerk in the chain of command can throw your case in his round file, but when he knows that his boss also got a copy of it, someone somewhere down the line will have to do something sooner or later!!

 

Good luck!!!