Approaching a congressman for help on Green Card

[qesehmk]

I am writing down this to discuss your experiences with congressman as well as discuss when it is appropriate to contact congressman.

Generally contact your congressman for help ONLY IF all of the following is TRUE.
a) if your priority date is current
b) it has been over 5 months since filing of your 485 and 485 is still undecided
c) your 140 is approved

Only then you will benefit from congressman's intervention. If any of the above is false - then there is really nothing that you can do other than wait because USCIS and DoS can/will/could and should take the necessary time to process your case within the rules they operate in.

So do not contact your congressman prematurely. But do not hesitate if all of the conditions above are true for your case.

Good luck.

[helpful_leo]

I am writing down this to discuss your experiences with congressman as well as discuss when it is appropriate to contact congressman.

Generally contact your congressman for help ONLY IF all of the following is TRUE.
a) if your priority date is current
b) it has been over 5 months since filing of your 485 and 485 is still undecided
c) your 140 is approved

Only then you will benefit from congressman's intervention. If any of the above is false - then there is really nothing that you can do other than wait because USCIS and DoS can/will/could and should take the necessary time to process your case within the rules they operate in.

So do not contact your congressman prematurely. But do not hesitate if all of the conditions above are true for your case.

Good luck.

Q, all good points - thanks.

Any thoughts on approaching a Congressman if all the above apply but RFE response received date is < 60 days?

I have seen some folks receive boilerplate responses to wait 60 days after RFER, and some others in whom the inquiry may have helped regardless of it being <60d.

[qesehmk]

Q, all good points - thanks.

Any thoughts on approaching a Congressman if all the above apply but RFE response received date is < 60 days?

I have seen some folks receive boilerplate responses to wait 60 days after RFER, and some others in whom the inquiry may have helped regardless of it being <60d.

In case of RFE (and given all above conditions are met) I would contact a congressman 30 days after I sent a response to UCSIS. 30 days should be enough for USCIS (on top of multi year 485 processing time they got) to adjudicate. At least congressman inquiry will move the ball forward. It can't hurt.

[fixitnow]

Can congressman or white house intervene to ask USCIS to link I-140s of husband and wife when wife and husband have approved I-140 in different categories but husband is in EB3 2006 PD (India) and wife is in EB2 PD with 2011 PD (India) or is there any way to get USCIS to link these priority dates? They have 3 US citizens but can't get around this messy system right now. What is the procedure to fix this?

Does anyone care about people coming here legally and working hard to provide for family?

[Spectator]

Can congressman or white house intervene to ask USCIS to link I-140s of husband and wife when wife and husband have approved I-140 in different categories but husband is in EB3 2006 PD (India) and wife is in EB2 PD with 2011 PD (India) or is there any way to get USCIS to link these priority dates? They have 3 US citizens but can't get around this messy system right now. What is the procedure to fix this?

Does anyone care about people coming here legally and working hard to provide for family?

fixitnow,

The law allows a spouse to file an I-485 under the other spouse's Category/PD combination if it is more advantageous.

In the case you outlined, the wife could be considered under EB3-I with a PD of 2006, or the husband could be considered under EB2-I with a PD of 2011.

In the near future, neither case would be current.

The I-140 is treated as an individual's petition.

The law does not allow combining the PD from the one spouse's I-140 Category with the I-140 Category of the other spouse (in this case to create an EB2-I case with a PD of 2006).

[sabkomilega]

I have a very basic question.
How do we find out which congressman to approach where you live?

[imdeng]

Basic question - easily resolved with a google query. The house provides a handy search tool too: http://www.house.gov/representatives/find/

I have a very basic question.
How do we find out which congressman to approach where you live?

[sabkomilega]

Basic question - easily resolved with a google query. The house provides a handy search tool too: http://www.house.gov/representatives/find/

Thank you so much. I did google but did not find the link you provided.

[wolverine82]

Q,

Does it make sense to contact congressman or senator.
Any adv vs disadv for each of them that you know as I have seen lot of folks using senators and some using congressman

[qesehmk]

It does make sense when your case is outside of processing times and date is current.

I wouldn't recommend doing it when your case is within normal processing times. That would be unfair to the congressman.

There is no downside to it - at least none that I can think of - other than congressman's office not being happy with you. e.g. you are EB1 and you filed last month and now expect a GC .... that would be so no advisable to ask a congressman for help. But if you read the criteria i gave above - in that case it makes sense because for most EB2/3IC folks it has been years since 485 is filed and so when the date is current, they should get a GC in a month. If not, it's fair to ask the congressman for giving a call to USCIS. I had personally asked McCain's office for help. Believe it or not I received a letter (not an email) from his office. Most people will remember such an act for congressman and that's why they are willing to help you.

Long story short. Do it but do it with common sense. Don't create busy work for the congressman. All the best!

Q,

Does it make sense to contact congressman or senator.
Any adv vs disadv for each of them that you know as I have seen lot of folks using senators and some using congressman

p.s. - When I say congressman - I mean either a senator or a representative. Both are congressman. Go with one that you perceive is more pro-immigrants and influential.

[wolverine82]

Thanks Q and Sportsfan33.

I think as sportsfan said it would make sense to go with congressman(representative) as they are better tied to districts.

RD sep 2013
RFE May 30 2014
RFERR june 26th 2014

I am beyond 30 days since my last update and so will wait for 1 more week and then file it as my lawyer said they will file SR only after 60 days as per uscis.

Thanks

[ambrosia]

Thanks Q and Sportsfan33.

I think as sportsfan said it would make sense to go with congressman(representative) as they are better tied to districts.

RD sep 2013
RFE May 30 2014
RFERR june 26th 2014

I am beyond 30 days since my last update and so will wait for 1 more week and then file it as my lawyer said they will file SR only after 60 days as per uscis.

Thanks

Hi, I see you got RFE on May 30th, but you responded only on June 26th. Is there a reason why the response time is about a month ? Reason asking is to understand the complexity in dealing with RFEs Thanks

[wolverine82]

my lawyer was on vacation for a week hence the delay otherwise it was nothing complicated just EVL and medicals..

[ambrosia]

Oct 2014 approvals update from trackitt:

Total: 63
TSC - 26
NSC - 37

Approvals have picked up slightly since the 15th. Out of 63 approved, 13 are new filers since 7/1/2014.

Gurus,


Does it hurt to initiate a Congressman inquiry on my pending 485 application. I submitted the 485 on July 25th with a receipt date of July 28th and my PD is Dec 2007 EB2

Please advice.

Thanks

[sportsfan33]

Gurus,


Does it hurt to initiate a Congressman inquiry on my pending 485 application. I submitted the 485 on July 25th with a receipt date of July 28th and my PD is Dec 2007 EB2

Please advice.

Thanks

Let me be honest here. I would be very surprised if you got greened this year. There haven't been many approvals in October and several people with both PD and RD before yours have been waiting. Also, I am doubtful if any serious congressional office will take this inquiry. The standard 485 processing time is 4-6 months and unless your case is pending for more than 6 months, there is simply no ground to ask for a case status through the congressman.

Good luck.

[ambrosia]

Let me be honest here. I would be very surprised if you got greened this year. There haven't been many approvals in October and several people with both PD and RD before yours have been waiting. Also, I am doubtful if any serious congressional office will take this inquiry. The standard 485 processing time is 4-6 months and unless your case is pending for more than 6 months, there is simply no ground to ask for a case status through the congressman.

Good luck.

Thanks for the quick response. The congressman's office is ready and willing to initiate an inquiry once I fax the release form and other documents (maybe due to the fact that he is up for re-election?)

Anyways back to my question - Does it hurt my 485 application initiating the congressional inquiry ?

TIA

[helooo]

I have also sent the congressional inquiry on 14th Oct.and waiting for the response.In terms of hurting,what it can hurt,you are not getting GC but if due to congressional inquiry your file is picked up and everything is fine,they may issue you GC.I would go for congressional inquiry.

[sportsfan33]

Thanks for the quick response. The congressman's office is ready and willing to initiate an inquiry once I fax the release form and other documents (maybe due to the fact that he is up for re-election?)

Anyways back to my question - Does it hurt my 485 application initiating the congressional inquiry ?

TIA

Honestly, I cannot say for sure. I guess if everyone is doing it, you have to do it and take a chance. I cannot see how it will hurt except the slight chance where you might be delayed *because* of the inquiry.

However, 3 months is just way too less to expect an approval on 485. My $0.02.

[krookbond]

I can share my experience with my Congressmember. She is a representative. Her office was very prompt and diligent in submitting my status request and getting updates on time. Long story short, USCIS messed up my case by not sending RFE they printed back in May. Congressmember's office was able to get me copy of RFE and a decision (influence, legislative power, or simply good relations I don't know) in 14 days (RFE on 9/16. replied on 9/22, RFERR on 9/26 and approval on 9/30).

My suggestion would be if you qualify criteria Q mentioned, do contact your local Congressmember in person with humane side of your story. They are most probably not intersted in knowing why and how USCIS messed up your application or talks about rights and privileges. They probably will be more influenced by the side of your story which tells how you have been affected by this process and how your delayed green card adjudication is affecting your current and future plans. At least that is what I did and it stuck a nerve with them.

[rpgarimidi]

My priority date is Jun 8th 2009 in EB2 category from India and I became current in month of Jun's Visa bulletin. My medicals are 4 years old and expecting RFE in couple of weeks, in case no change to my case's status. May I know what I need to do and whom I need to contact?

[qesehmk]

My priority date is Jun 8th 2009 in EB2 category from India and I became current in month of Jun's Visa bulletin. My medicals are 4 years old and expecting RFE in couple of weeks, in case no change to my case's status. May I know what I need to do and whom I need to contact?

Wait till end of June 3rd week. If you do not receive GC contact your congressman. I dont think there will any RFE at all. Good luck.

[rpgarimidi]

Wait till end of June 3rd week. If you do not receive GC contact your congressman. I dont think there will any RFE at all. Good luck.

Medicals are valid for only two years, isnt it? how long medicals are valid?

[idliman]

My priority date is Jun 8th 2009 in EB2 category from India and I became current in month of Jun's Visa bulletin. My medicals are 4 years old and expecting RFE in couple of weeks, in case no change to my case's status. May I know what I need to do and whom I need to contact?

Just want to add more details so that people in the forum are more comfortable with the idea of contacting congressman/senator. Each congressman / woman / senator has one or more dedicated staff for handling interfaces with federal agencies such as USCIS. Normally, congressman or senator has more than one office location (in my case three offices for my congressional district in NC – Yay Gerrymandering). Most likely only one location will house that staff person. So it may be a good idea to call the office and ask them about assistance regarding a pending application with USCIS. Then find out which office location handles interfaces with USCIS. If the same staff is rotating between offices, then find out the location and time when they are available.

Some congressman offices are advanced in the sense that you can do it online. You need to fill disclosure form along with ID details for them to verify your identity. Then you talk to them over phone. Mostly they will ask you to come to the office.

Once you go there, you wait for your turn and meet the staff person. It is the personal connection that is important. If they realize that you are going through a lot of pain to get a green card, then they are most likely to help you. Don’t act too smart. Listen to them and express your grievances to them. The congressman has a dedicated support line with USCIS and gets much better and accurate responses. There was an online presentation from USCIS explaining how this thing works a few years back. Maybe you can Google it.

A big “No No” is asking for help from Congressman and Senator at the same time. They will eventually find out and figure out that you are wasting their time. Also don’t incline to show your Political preference. They are doing a job that is paid by the taxpayers. Of course they will be happy to hear that you support the congressman. However, there should not be such pressure normally.

Once you get the positive outcome for your case, please call or email the staff and personally thank them. This is just basic courtesy.

As a byproduct of availing this help from congressman, you will be added to their mailing list. I think I got mails for three years and one day it all stopped. It is just a minor inconvenience.

Good Luck everyone.

[idliman]

Oh. I forgot to add that I contacted congressman office to get EAD+AP approval. I was approaching the deadline and expiry of my DL. Without DL, I cannot drive to office for work right (This was before the automatic 180 day extension rule)? Within a week, I got the approval of the EAD card.

[imdeng]

Medicals are valid for only two years, isnt it? how long medicals are valid?

They are valid for two years. Used to be only one year - they changed that in late 2018. However, I have seen cases being approved without an RFE where the medical is clearly expired - so perhaps there is some leeway and they are not enforcing it as strongly in the current Covid-crisis.