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Forwarding by VSC to NVC of approved I-130

Case Conclusion Date: 05.27.2011

Practice Area: Immigration

Outcome: VSC forwarded the approved I-130 to the NVC

Description: Oscar Abraham Jaeger Attorney at Law [redacted to fit Avvo space limitation] May 20, 2011 Mr. Daniel M. Renaud Center Director USCIS Vermont Service Center [address redacted] Re: Immediate Forwarding to NVC of Approved I-130 Petition [redacted] Dear Director Renaud, I received today your form letter, dated May 17, 2011 [redacted]. The letter informs me that you are unable to forward the approved I-130 Petition to the National Visa Center because your office has “determined that the petitioner neither requested adjustment of status nor Consular Processing.” It goes on to state, in what is prima facie an impossibility, that “because the beneficiary met the criteria for adjustment of status, adjustment of status was granted.” Finally, the letter advises me that the petitioner must file a Form I-824. Regarding your determination, it is absolutely incorrect. The petitioner requested Consular Processing in two different ways. First, in my cover letter, dated December 21, 2010, which accompanied the I-130 Petition [redacted], I wrote the following: “Please note that, even though Karla is in the U.S. as of the filing of this I-130 Petition, she will NOT [emphasis in the original] be adjusting her status in the U.S.; she will consular process.” Second, in my letter to your office dated April 27, 2011 [redacted], I stated the second of the two ways that the Petitioner indicated the beneficiary’s intention to consular process, as follows: “If you once again read the I-130 Petition, only this time with greater care, you will note that Box 22 was left blank. The directions for Box 22 are as follows: ‘Complete the information below if your relative is in the United States and will apply for adjustment of status.’ The fact that we did not ‘complete the information below’ should have alerted you to the fact that the beneficiary did not intend to apply for adjustment of status.” With respect to the statement in your letter that “an adjustment of status was granted,” it is impossible to cede it any respect. If an adjustment of status was indeed granted, by all means send me the beneficiary’s green card, which I will be happy to forward to her [redacted]. On May 6, 2011, I spoke with Officer Cho at the National Customer Service Center, and informed her about this series of mishaps in the way that the approved I-130 Petition has been handled. She seemed to understand and appreciate my concerns, even apologizing for the mishaps and for the delay that they have caused my clients, and said she would write up my complaint as a service request and forward it to your office [redacted]. On or about May 18, 2011, I received a notice from your office, dated May 13, 2011, in response to the service request I had initiated by speaking with Officer Cho on May 6 [redacted]. You will note that, in the category of “Type of service requested,” the response of your office is “Typographical Error.” Again, that would be a joke, if only it were funny. Now, as if the situation were not ludicrous and cruel enough, your office has sent me this letter dated May 17, 2011, the latest in a series of bungling responses so maladroit that this case may surpass, at least in the number if not in the quality of mistakes made, the incompetence shown by USCIS in relation to any case I have handled in my 23 years of immigration practice. Believe me, given the many mistakes I have seen USCIS make over the years, that is quite an achievement! However, it is not an achievement in which you should be taking any pride, unless your goal is to maximize the pain of those whom you are charged with serving. For the third and, I hope, final time, I urgently request that, without further ado, you take the action that you should have taken in the first place and immediately forward to the NVC this approved I-130 Petition and supporting documents. Yours truly,

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