Tuesday, April 16, 2013

A letter to my congressman and senator.

Both Anna and I have been very frustrated with this process that seems to go on indefinitely for us while many other people who filed after us are getting approved. I tried calling the USCIS and was unable to get anywhere with them. So tonight, I decided to write letters to one of my state congressman and my state senator.
Here is the letter I sent to them.
Dear ______________,
I am writing you today because I am among thousands of other frustrated U.S. Citizens who are customers of The United States Citizenship and Immigration Services (USCIS).
Among the many other U.S. Citizens, I submitted a petition I-129F (Petition for Alien Fiancé) along with the $340.00 fee they charge for this "service".  My petition was received by the USCIS on October 22, 2012 and was subsequently transferred to the California Service Center (CSC).  At that time the USCIS advertised a 5 month average decision on petitions of this nature.
After waiting for a period of 5 months, I decided to call the USCIS to determine the status of our petition. They were unable or unwilling to give me any information on the status of our specific case and I was informed that the expected processing time had increased to 7.5 months.  Meanwhile  the CSC has advertised on its website for over four months that it has been processing petitions that it received on July 18, 2012(It is still the date they advertise today).
At the same time the Vermont Service Center (VSC) is processing these applications within 5 months. In fact many people are indicating that their petition that was filed after ours has already been approved. This is frustrating to say the least. We had no choice as to which center processed our petition.
My fiancé and I have spent many hours on the internet researching this issue and have discovered many forums that may indicate that the CSC has ceased processing I-129F petitions to focus on the "Consideration of Deferred Action for Childhood Arrivals Process(DACA)" which was implemented due to an executive order given by President Barrack Obama. You can read more information here regarding this issue http://www.visajourney.com/forums/topic/421247-i-129f-delay-at-the-csc-a-comprehensive-analysis-of-the-data/.
Today I checked the average processing time for the I-821D (DACA) petition and it appears to be 6 months for CSC to reach a decision on this petition. Keep in mind this petition has existed for less than a year.
This could explain why the California Service Center has slowed down, if not ceased processing the I-129F petitions. While I have no problems with the DACA program in particular, I do have a problem with it taking precedence over other petitions. It appears that the CSC has been overwhelmed with these new applications for the I-821D petition (Consideration of Deferred Action for Childhood Arrivals) and has been unable to process the I-129F petitions.
While that may be a problem, it appears the agency has another problem. Today my Fiancé showed me a forum entry that was posted yesterday by someone that claimed their I-129F petition that was submitted in December was approved yesterday by the CSC after only 4 months and 1 day. Here is a link to the forum topic she showed me http://www.zaokeanom.com/forum/topic7887-180.html. The forum is written in Russian, but the message was translated as  “We received our NOA2 yesterday! I cannot believe we ended up waiting for only 4 months and 1 day!” “Be patient everyone and GOOD LUCK!! California worked well last week”
Today, I decided to contact the USCIS to ask them why someone who filed in December was approved before someone who filed in October. They could not answer the question and told me the average time has increased to 9 months for the CSC. So, it seems the CSC of the USCIS is not only favoring the I-821D petition. It may also be favoring people that may have deeper pockets than me or I need to find someone out there that can expedite the process, which I believe is a crime. Honestly, I don't know what is causing this delay but I am afraid I will call in 30 days and learn the average time has increased to 12 months.
I am not the only one who is frustrated with this situation. It appears that someone has even submitted a petition to the white house to intervene in this apparent rogue government organization.  You can view the petition at https://petitions.whitehouse.gov/petition/expedite-processing-i129f-petitions-meet-current-government-processing-goals-5-months/rp6yP4Jw
I know you are very busy but I hope you will find some time in your schedule to research this problem.
If necessary, I can provide you with my case number.
Thank you so much for your consideration.

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