I know this is in the Pit so I am supposed to curse and stuff but I really don’t feel like cursing, nor do I wish to pick another fight, but I am curious why it matters what jurisdiction he/she is in? I was under the impression that immigration issues were a matter of Federal Immigration law. I also thought Federal Immigration law was applied the same in all jurisdictions in the US (Erie issues excepted) What have I missed? Again not picking a fight, I just want to find out how I am mistaken.
What vulgarity? How about this: “He’s a fucking immigrant OP!” and “FUCK YOU and your Romanian husband.”
And the OP’s complaint was that it has now been 5 months when she was told 2 weeks. I’m sure if they had told her it would be 6 months or a year or 18 months or whatever she would feel differently. And furthermore, how was she to know about shitheels like Paradoxical and how long it took for them. Is she supposed to be psychic? All she knows is what she was told by the agencies processing the paperwork versus what has actually been happening. For Paradoxical to say “Fuck you and your Romanian husband” was completely uncalled for and is assholism in the extreme.
I should point out that I know LiiRogue and her husband personally and therefore am much more offended than you might expect. They are smart, hardworking people. LiiRogue has never passed up an opportunity to be helpful or offer support to anyone on the SDMB board who needed it. Her husband has helped with translations and explanations whenever he has been asked. They are both college students and hold down jobs as well. After 5 years or so, he has grown very homesick and wants to visit his family as he knows both he and they are changing and he is worried they will grow apart.
I think **Paradoxical’s ** response to her complaint/venting was about the most stupid and uncalled for attack I’ve ever seen on this board. It’s one thing to be an out and out asshole and get called for it, it’s another to vent one’s frustration and apparent powerlessness over governmental red tape and be told “fuck you and your husband” for nothing more than saying so.
As a result, I declare Paradoxical to be the biggest fucking idiot and asshole I’ve ever seen on this board, and I’ve seen plenty!
I was merely trying to point out the fact that one of the reasons there is such a long wait is that the INS official(s) doesn’t know him like a brother, and therefore can’t speed up the process, because, well he’s such an honest, good man… :rolleyes:
I guess I was a dick about it, and I really didn’t mean for it to read as if I hated the OP or her husband, but rather that they should not whine.
Paradoxical,
I appreciate your last two posts. If the second one was meant to be an apology, I accept. It appears from your tone and lack of profanity and vitriol (which could have been expected, given what I’ve had to say about you) that I may have misjudged you.
Thank you for the explanation.
I would recommend hiring an immigration lawyer.
My parents came to the US in the 1950’s and although my father became a citizen almost immediately, my mother kind of leaves things to the last minute and decided to renew her Green Card and apply for citizenship fifty years later.
Her Green Card photo was of her at 11 years of age. The officials had never seen anything like this and informed her that she was supposed to have updated it every year. Plus, my parents are no longer married so he couldn’t sponsor her!
As you can imagine, a problem this big could take YEARS to resolve. Worse, she didn’t have a copy of her birth certificate and had no passport or papers for any country in the world (due to fires and war and living in DP camps). Truly, an alien.
She did the smart thing and hired an immigration lawyer who tracked down a copy of her Latvian birth certificate, updated her immigration status, had her take the test for citizenship and she finally got her passport. Total time: 6 months and $1500.
If my husband and I decide to live in the US, we will do the same. Although lawyers are expensive, the time and heartache saved will be worth it. It seems that immigration lawyers have connections and know shortcuts lay people don’t. If you’re having a tough time (and can spare some change) I’d recommend one.
Sympathy! Who needs totalitarianism when the US of A does the job for free!
I call bullshit on this. You can have quintuple citizenship. As long as you are an American citizen, you do not need a visa to enter the US. What the hell would you need a visa for? If your birth certificate proves your right to US citizenship, why the fuck would you need a visa to enter the country of your citizenship?
fushj00mang, were you ever actually registered as a US citizen? If so, you should be able to get a US passport and then would not need a visa to enter the country.
Someone was asking about different INS jurisdictions. The thing is that although the law is the same throughout the country, different INS branches have some leeway (probably more than they should have) in the practical application of it. One of the most obvious ways in which this manifests itself is in terms of priorities. When the agencies are backed up (as they always are), one branch may decide to prioritise green card applications, while another may decide to prioritise Employment Authorization. Thus, you may have a longer wait for your application to be approved than you would if you’d lived in another jurisdiction. Some branches are also more open to persuasion to expedite certain applications than other branches would be. Eva can expand on this when she wakes up.
The law is the same everywhere, at least in theory, except if you get into really messy issues of precedent that differ between federal circuits. The processing times for various types of applications, however, differ widely among jurisdictions, which may affect the best strategy for the applicants. More later, after copious amounts of caffeine.
On preview: duh, what ruadh said.
Thaks, Eva. I realize that i can probably find all this out on the appropriate website, but i went to the BCIS website last week and it wasn’t quite clear to me what the procedure is for someone who is already in the US on a student visa.
As for the jurisdiction issue, i live in Baltimore. Is that all you need to know to work out my jurisdiction, or is there other relevant info?
And shayna, many thanks for the links. I’ll check them out later in the day when i have some time.
Well, if this thread is going to turn into a “my immigrant spouse’s experience was worse than your immigrant spouse’s experience” game, I wanna play too!
Mine’s worse than any of y’all’s because I can’t even marry my immigrant because we’re both male, and even when SSM becomes legal in Massachusetts in May I won’t be able to marry him because SSM is illegal in Wisconsin and MA won’t marry couples whose marriage is illegal in their home state and even if MA would marry us the federal government wouldn’t recognize the marriage for purposes of immigration or anything else.
So I win, and the whole system sucks.
A pared down version of something I posted several years ago…
My girlfriend-at-the-time (now, wife), “Kim” was denied citizenship because her ex-husband had filed false charges against her of domestic violence during their break-up in order to give him an advantage in the divorce.
She went into her interviews with a letter from her divorce lawyer explaining what really happened. He even referred to actual court testimony that proved what the ex had done, and where the ex even admitted to the judge what his purpose was in having Kim arrested. During both interviews, the INS person told Kim they could see the charges were without merit, and that they understood the circumstances and there should be no problem. They told her that her supporting evidence and extenuating circumstances were compelling.
(Aside: Because of her complex circumstances, Kim had to be called for a second interview. One of the requirements is to be fingerprinted. Not only did she have to pay for two interviews ($280 each), she had to pay to get fingerprinted again! You would THINK that they could use the fingerprints from the previous interview 3 months prior. But NO, she was forced to pay an additional $55 to get re-fingerprinted for the second interview.)
However, the final review was nothing but a rubber-stamp rejection. Obviously no consideration of the evidence. In the letter of denial, the INS accused Kim of acts of “baseness and depravity” and of committing crimes of “moral turpitude.”
Along with the rejection letter, there were instructions for an appeal. The INS told her to send a $110 fee, and that the appeal had to be filed within 30 days. The amount of $110 was stated specifically on two separate documents; 1) the boilerplate form, and 2) her case-specific rejection letter. No problem, right?
WRONG. They later returned her appeals packet to her unread (“No record has been made of your correspondence”) because they claim she had not filed the correct fee of $170. They stated the fee had increased and by the way, the 30 days are up, too bad, so sad, no appeals for you. Oh, and they have the audacity to begin this particular correspondence with “To serve you more efficiently…”
And forget trying to get anyone at the INS to even talk to you. Kim’s INS office was the one in Tucson. Used to be, they had one day out of the week, if you called between 9-10 or 3-4, that you could actually leave a message that (supposedly) would enable you to get a return call sometime. Recently, I tried to call the Tucson office to talk to somebody about the appeals fee fiasco. I got a recording saying they now had an 800# contact.
Great! Right? No long-distance charge. WRONG! IT WAS A TRICK AND A LIE! The 800# is nothing more than the national INS “helpline” where you punch numbers to get forms or such. No help for us at all. I finally punch numbers until I get a live person. My question is simple: I have a specific situation that I have to deal with the Tucson office directly. “Please can I have that number?”
“I’m sorry sir, but the field offices no longer have customer numbers.”
“What are you talking about? I need to ask a question. They used to have a number.”
“We don’t have the numbers for the field offices, sir.”
“I hear what you are saying, but I don’t believe for one moment that the national IRS can’t give me a direct number.”
“I don’t know any number to give you, sir. We really don’t have that information available to us.”
Now, you can’t tell me the INS has no idea how to get in touch with the field offices. I know if I walked in that office I would see phones on the desks. It’s not that big a deal to talk to someone. How can this be the Immigration and Naturalization SERVICE with no service?
Once, Kim and I were at the Tucson office. I have never seen ruder and less helpful people than we encountered there. It went like this:
Kim to INS Counter Lady: “Hi, I have a question…”
“Do you have an appointment?”
“No, I just need some information about what I need to do…”
“If you don’t have an appointment, you need to take a number.”
“But all these people are waiting for interviews, I just need to ask…”
“Take a number and sit down.”
(Sits down and waits. We wait for about three hours.)
“Okay, here’s my number that you called. I need some information…”
“Do you have your interview packet ready?”
“I’m not here for an interview; I’m moving to Flagstaff, and I need to know…”
“We don’t answer questions here, you need to call this number.”
“I’ve called this number many times. No one ever answers. I only get a busy signal or a recording. I really need to talk to someone because I have questions about my circumstances…”
“You can talk to someone at your interview.”
“But I don’t have an interview scheduled yet, that’s one of the questions…”
“Good bye; Next!”
I even walked into my local support office (Silver Spring, MD) just for some general information. Nothing specific. The guy at the desk wouldn’t even try to answer my questions; he told me to go to Baltimore. (Funny, he didn’t know the phone number either…) A colleague here at work carpools with an INS person–one who works in the Washington HQ. She asked this lady where I could go for information (nothing specific, just who can I talk to). The INS lady said that her agency has no public liaison.
YOU CAN’T WALK INTO THE OFFICE AND ASK ANYBODY ANYTHING! She also told me it would be a waste of time to go to the Baltimore office because they wouldn’t even talk to me there either. She wasn’t being rude. In fact she was quite sympathetic. She was just speaking the truth.
“So how does a person with a question or situation get to speak with anybody about it?”
“You don’t.”
“Oh.”
I did not realize I would have to explain the entire immigration process we had gone through so far. That is why it is not in the OP. I did not, and still do not, think it is relevant to my rant.
You keep flip-flopping between knowing about immigration and not knowing. Which is it? Because if you had a clue about the basic process, you would know that the background check is one of the last steps towards permanent residency. Again, all the steps that led us up to this point have no bearing on my rant.
OH, so now it is unacceptable to rant just to get shit off your chest?
Where did I ever say I wouldn’t wait it out? Where did I ever say I was looking for solutions or answers? I didn’t, because I’m not. I know that I cannot do anything about it. That is what is pissing me off.
Get off your damned high horse and go play in the road somewhere else.
I never understood the reason for this restriction, but it seems to be a standard part of the process of becoming a legal resident. Still, why can’t pending legal residents from abroad leave the country and come back like anyone else?
The general procedure is the same, no matter what your current lawful immigration status. In your case, the I-130/485 are considered the primary documents, even if you are filing other applications together with them (like the I-131, Advance Parole, and you’d also be eligible to file the I-765, Employemnt Authoirization applicaiton, too. Both Advance Paroles and Employment Authorization Documents are granted in one-year increments until the I-485 is approved, but there’s some talk of extending that, since I-485s are taking 2-3 years in most jurisdictions.)
Here’s a link tofiling procedures for the Baltimore office:
http://uscis.gov/graphics/fieldoffices/baltimore/aboutus.htm#anchor155614
If you can, I’d file everything in person. That way you have a receipt immediately, and then nobody can give you crap about never having received the application. That’s small comfort if they lose it, of course. I also highly advise being in line by the time the offices open, as many offices only see a certain number of people in a day, and if you don’t get in the front door that day, you’re SOL.
Sorry, but I don’t have any current info on processing times in Baltimore. You might want to talk to the International Student Office at your school; they may have a better idea of how things are going locally, or even a connection or two for you. Good luck, and congrats on the upcoming nuptials!
Many thanks, Eva, and thanks for all your advice.
I’ve downloaded all the relevant forms, and will start to look over them soon.
I do have one more small question. On the USCIS page that deals with the I-485 form, it says, regarding filing locations:
I assume that this means that if i want to file by mail, i should send it to Vermont, but that i can file in person at the Baltimore office. Is this correct?
Nah, what it means is that the I-130, in your case, is the “primary” application, because on its approval you will be classified as an “immediate relative” for purposes of filing the I-485. This means you are exempt from most of the quotas that apply when the I-130 is used to classify family relationships other than “spouse of a U.S. citizen,” ones for which annual immigration quotas apply. So since the I-130 is the primary application, you can file both the I-130 and the I-485 simultaneously, along with the I-131 and I-765, at the local USCIS district office.
(If the situation were different, you’d have to wait for the I-130 to be approved before you could file the I-485, and you’d have to file at the Service Center. I hope this all makes sense. But hey, why should anything immigration-related make sense?)
Thanks again, Eva. It’s little things like this that are difficult to glean from the websites.
Word. Be there early and bring a book. I have arrived at the LA “Service” Centre at 5 AM, only to realize that smart applicants are there at 3. Arriving at 5 meant passing time in a queue for about 4 hours before even getting to the front door… Of course, they then informed that this office no longer accepted personal filings of I-485, I’d have to mail it to this address, too bad, so sad, next applicant please.
I was told not to expect a receipt or notice when my paperwork (and about $500 worth of fees) arrived, of course, but to get an idea of whether the paperwork was being processed at all, I was advised to keep an eye out for when the checks cleared.
This, obviously, was not information available anywhere except word-of-mouth, because if the applicants start knowing the rules, they’ll get all uppity or something. But I’m not bitter.