Our Story and a Request for Help

Hey guys.

I have been following the various threads in the backdrop for over a year now. First and foremost, thank you to everyone for the information you post on here, whether it’s about themselves or a significant other, it is greatly appreciated and has assisted me greatly.

My wife, Daniela, like most of you, came to the United States from Bolivia when she was a teenager. She of course, unbeknownst, arrived here illegally. She went through high school, 2 years of college and became a Licensed Practical Nurse. She has no criminal history except for a few minor traffic violations and her family is clean as well. Daniela and I got married back in 2010 when I left the service. That was prior to the nationwide crackdown on trying to obtain a driver’s license, when your information was verified through the SSA. Daniela calls the United States her home and all her friends and family are here.

On December 2012, Daniela applied for Deferred Action. Fast forward through an agonizing 10 months, we finally get a response from the Nebraska Service Center for a RFE. We immediately, through the assistance of our attorney, submit overwhelming additional predicating material and received a response on 10/30/2013 indicating they had received the predicating material and would respond within 60 with a decision or another RFE. So, we wait until 12/30/2013 and still no response. On 01/06/2014 we contacted the USCIS Customer Service line and they initiated a service request due to “outside normal processing times”. We finally received a response to that this morning informing us that her case was with an officer and to wait another 60 days. I have contacted the Ombudsman’s Office, my representative and our attorney for help. All with the exception of the Ombudsman’s Office (have not heard back from them yet) have told us to just wait.

I find all this extremely frustrating at this point. Daniela is very upset. I served my own country for over 8 years in places like Iraq and Afghanistan, come back home, get married and put myself through college and went back to working in public service in Washington, D.C. Although this has no bearing on Daniela’s case, it’s just frustrating that we have to be treated like this.

So, I’m asking for some help, some advice. Without further ado,

1.) If you have submitted your RFE and waited more than 60 days without a response, what type of action did you take? What was the outcome of your case?

2.) Is waiting over a year for your case to be decided on common or not?
Thank you in advance for taking the time to read this and respond. Thank you again to all of you that have banded together to pursue your American Dream and not giving up.

Shaun

Sorry to hear about that. There's pretty much nothing you can do but wait. My brother and I applied at the same time and I got my case approved within 4 months, while my brother will enter the *14 months club*
He has talked to our state representatives and our attorney but nothing seems to help. All we can do is wait.

Wow Pretzel, 14 months! Geez...

We were told by our attorney that USCIS flags countries such as Bolivia and Peru for a high threat of fraud. That undergo extra scrutiny.

Hope you brother gets approved soon.

I really can't believe there is no accountability to some of these cases taking so long...there is a thread called the one year club in the lounge with a lot of info . Good luck

Since you served the country, wasn't there a recent bill that allow you to initiate a status adjustment or some sort of relief for your immediate family? I think that option is more feasible than DACA because DACA recipients is still consider unlawful.

Unfortunately, its true, all you can do is wait. I've been waiting for 17 months and haven't heard a thing.

Chemun,

You are referring to PM-02-0091, Parole of Spouses. Because Daniela has never come under threat of deportation, I wouldn’t be able to use this. Although, some of the language in the memorandum is ambiguous. For example, “In partnership with the Department of Defense (DoD), USCIS has launched a number of initiatives to assist military members, veterans, and their families to navigate our complex immigration system and apply for naturalization and other immigration services and benefits.” Ok, so has USCIS helped me at all after I told them I was a veteran? No, they haven’t. Where are these initiatives? Regardless if she is considered unlawful, they should still help me out.

Wow Michy326! You have been waiting so long. I pray you don't have to wait any longer or for us to succumb to the same fate.

Chocolatedrop,

I completely agree with you. Without going into detail, I am in a position where we have oversight of a particular government agency. It’s hard to believe that our own sister agency from DHS doesn’t do anything about this. It’s all very dishearten, especially when I have more insight into these matters then others do. I often think what do these Immigration Officers do on a daily basis, how are their offices across the United States managed? What percentage of cases go beyond the stated processing times and are there processes set up in place to take care of cases that are beyond the stated processing times? So many questions I have. As far as I can see, they are completely mismanaged. Regardless of the budget, resources and manpower, you as a Director or in a position of management need to observe, orient, decide and act. Adapt and overcome. I would love to know how these cases just set in the system without going unnoticed for so long. They, just like myself, are there to serve the public. After all, illegal or not, we are all contributing to your paychecks.

Hey guys. Wanted to post an update…

Got a phone call from my Congressman’s office this morning. Daniela’s package is finished the background investigation and is with an officer awaiting adjudication. Should be anytime now. I believe the action I took on Daniela’s behalf had some effect. So in passing, I’d like to pass on my advice and game theory. I know some of you know this or have tried it but, this is what I did.

I waited until after the deadline that USCIS set. At the point the ball was in my court. Because we have been awaiting over a year I felt it was necessary to try everything and anything all at once to bring as much attention to Daniela’s case as possible. A week after the deadline and done in a day I did the following:

1.) Contacted USCIS to complain and to demand they act on Daniela’s package. I also had them do a service request.
2.) Contacted our lawyer and had them put in a call to USCIS.
3.) Contacted the USCIS Ombudsman’s office.
4.) Contacted my Congressman and had Daniela contact hers. We reside in 2 different states. Had Daniela’s family and mine contact our representatives to make a plea.
5.) Lodged a complaint with DHS OIG in regards to “job performance failure at USCIS”. Although the IG’s office will not do anything because this is a management issue, you are still bringing attention to the matter. It gets recorded and the matter is referred from the IG’s office to USCIS management for review.
6.) Contacted the local USCIS field office.

Remember to always remain calm, professional and tactful when dealing with these folks. Think of what you would like to say before you speak to someone. Have a paper and pen handy to record any notes.

At the end of the day, at least I can say I tried everything I could. As a result, something positive did come from it. I recommend you do the same if you haven’t.