NVC ERROR trashed my file on my sons IR2 immigrant visa!! Any advise appreciated!

[Tom1963]

Hello everyone!
I am a naturalized USC for four years. I filed for my sons in IR2 category, starting with the oldest.
Completed all the paperwork and he arrived a year ago.
I began working on my youngest sons DS 260, trying to stretch the time out somewhat as he is finishing college back home.
No problem, contacted them and sent the application in, holding back on the documents. The documents were still mailed in under a years time.
I got a letter stating it was MORE than a year and my file was no longer active.
Armed with my emails confirming that indeed I had contacted NVC I called the center.
What I was told is "oh they didn't see the DS 260 (which had been electronically sent as instructions stated). When I told them I had a copy and confirmation of it, I was told it was too late. I also added that I had a letter from them stating what documents to send in.
Well they said sorry. They stated I had to resubmit the AOS, DS 260, Documents, and FEES!! When I asked why when this was not my fault, their reply was that they trashed it and opened a new case for it (from the original I 130) so he is still in the IR2 category. No way to retrieve it.
Spoke to a supervisor who said the same. Told me I could try to get fees back by submitting "my complaint" but there was no "time limit" to get back to me. Start over was my answer. Let me be clear, they admitted that they didn't see the DS 260, so therefore they didn't see there was communication!
I asked if a attorney could help somehow and they told me "it is closed, trashed, there is nothing you or an attorney can do, sorry" I said even though I am in the right, and again I got "sorry"
I am still in shock and cant believe they can actually do this to a person. I have done everything according to law my whole journey. I work hard and quite frankly, I don't have extra money for it and I AM NOT AT FAULT! What can I do, I have never heard of this happening before! I made an appointment with an immigration attorney but I hope I am not wasting my money as NVC said he cant help because it is "gone, trashed" Reminded me of the IRS trashing all those files awhile back!
Any advice or comments??

[rayb]

You have a legitimate and serious complaint, and you should not let this be buried.

On the other hand, you have to step away from this and consider the "magnitude" of time and money it will take for you to accomplish your primary goal: getting your son a visa.

How much money will it take to fix this? $420 + $120 + $325.

How much time to again reach where you are now supposed to be: About six months.

Also keep in mind your son's age, and when he might age out.

My advice is to do exactly as they suggest, but documenting your bad experience with every package you submit. Just don't make enemies and don't burn bridges.

In the meantime, pursue the complaint and reimbursement process in parallel until you are compensated for money you spent on the deariled process.

I would add, however, something that I try to keep in mind...if you wait too long to finish a time-limited project, you increase the possibility of timing out and experiencing grief. I've been talking to a K1 petitioner whose petiton was approved in record time, after which his girlfriend decided to "finish a class" without so much as contacting the Manila Embassy until her petitioner came to visit her to jumpstart her K1 visa processing. SURPRISE: the petition expired and they had to start over from the beginning, but this time everything went wrong.

-Ray B

Hello everyone!
I am a naturalized USC for four years. I filed for my sons in IR2 category, starting with the oldest.
Completed all the paperwork and he arrived a year ago.
I began working on my youngest sons DS 260, trying to stretch the time out somewhat as he is finishing college back home.
No problem, contacted them and sent the application in, holding back on the documents. The documents were still mailed in under a years time.
I got a letter stating it was MORE than a year and my file was no longer active.
Armed with my emails confirming that indeed I had contacted NVC I called the center.
What I was told is "oh they didn't see the DS 260 (which had been electronically sent as instructions stated). When I told them I had a copy and confirmation of it, I was told it was too late. I also added that I had a letter from them stating what documents to send in.
Well they said sorry. They stated I had to resubmit the AOS, DS 260, Documents, and FEES!! When I asked why when this was not my fault, their reply was that they trashed it and opened a new case for it (from the original I 130) so he is still in the IR2 category. No way to retrieve it.
Spoke to a supervisor who said the same. Told me I could try to get fees back by submitting "my complaint" but there was no "time limit" to get back to me. Start over was my answer. Let me be clear, they admitted that they didn't see the DS 260, so therefore they didn't see there was communication!
I asked if a attorney could help somehow and they told me "it is closed, trashed, there is nothing you or an attorney can do, sorry" I said even though I am in the right, and again I got "sorry"
I am still in shock and cant believe they can actually do this to a person. I have done everything according to law my whole journey. I work hard and quite frankly, I don't have extra money for it and I AM NOT AT FAULT! What can I do, I have never heard of this happening before! I made an appointment with an immigration attorney but I hope I am not wasting my money as NVC said he cant help because it is "gone, trashed" Reminded me of the IRS trashing all those files awhile back!
Any advice or comments??

[Tom1963]

Rayb

Hello and thank you for your advice. I do not have to file for the I 130. They are working off the same petition ( my son would be aged out if I did as he Is now 21. I understand your point. I am working 60 hours a week now and just don't have the money for something that was not my fault. My son back home is in law school there and with those expenses and trying to support my older son there simply isn't any extra. I was told 550.
I was hoping a lawyer could call NVC and speak to a supervisor and retrieve the file somehow. I was told no they can't do that.
I also understand not getting people mad at NVC but seriously when they are in the wrong?
I just really understand, they made a mistake, just fix it, why all this confusion?
Do you think a lawyer could get that file retrieved or supply them with my copies and emails? I don't want to waste more time and money. Thanks

[rayb]

It's not an attorney you need to help you (having an attorney Bar Card is no guarantee of superior intelligence or negotiating skill). My advice would be to work through a sympathetic and skilled immigration analyst in a Congressional office. Congressional staff can cut through seemingly insurmountable bureaucratic barriers, and achieve results "from the top down," rather than going from clerk to clerk, as you have had to do.

--Ray B

Hello and thank you for your advice. I do not have to file for the I 130. They are working off the same petition ( my son would be aged out if I did as he Is now 21. I understand your point. I am working 60 hours a week now and just don't have the money for something that was not my fault. My son back home is in law school there and with those expenses and trying to support my older son there simply isn't any extra. I was told 550.
I was hoping a lawyer could call NVC and speak to a supervisor and retrieve the file somehow. I was told no they can't do that.
I also understand not getting people mad at NVC but seriously when they are in the wrong?
I just really understand, they made a mistake, just fix it, why all this confusion?
Do you think a lawyer could get that file retrieved or supply them with my copies and emails? I don't want to waste more time and money. Thanks

[Tom1963]

Interesting follow up, comments, thoughts?

It's not an attorney you need to help you (having an attorney Bar Card is no guarantee of superior intelligence or negotiating skill). My advice would be to work through a sympathetic and skilled immigration analyst in a Congressional office. Congressional staff can cut through seemingly insurmountable bureaucratic barriers, and achieve results "from the top down," rather than going from clerk to clerk, as you have had to do.

--Ray B

Hello Ray and all!
I called the NVC back and I was told the application had indeed been trashed and there was no way of retrieving it. The only recourse I had was to repay and start over.
Ray, after calming down and considering your advice, I decided you are right. I went ahead and repaid all the fees which posted today.
I signed in and very interesting, it is showing the DS230 completed, so I printed out the confirmation page. It is also showing under Civil Documents N/A.
AOS is showing paid and under Documents it also is showing N/A.
I don't know what to think! Am I supposed to fill out the AOS again or are they using what they "trashed". Am I missing something here or are they using the docs are hand?
I am very perplexed that I was made to repay the fees based on the fact they "didn't see the ds230" now it has all appeared and I am out $550.
More importantly however, how do I proceed now?
I don't want to lose precious time!
Thanks again Ray for your level head in my situation, it helped me to the right decision.
Tom

[rayb]

Tom,

I've found in the last few months that phone conversations with NVC staff are often misleading, sometimes their information is incorrect, and they don't have hardcopy files or paper in front of them, only screens with possibly outdated or inaccurate information.

I'm not sure where you are seeing "DS-230," as that form has not been used by the NVC for at least two years. Is it possible that you are referring o the DS-260 online visa application?

Have you repaid the $120 AOS fee and the $325 visa fee on the NVC website? It's at this point, based on your most recent message below, that I have lost track of what you are seeing on the NVC page.

--Ray B

Hello Ray and all!
I called the NVC back and I was told the application had indeed been trashed and there was no way of retrieving it. The only recourse I had was to repay and start over.
Ray, after calming down and considering your advice, I decided you are right. I went ahead and repaid all the fees which posted today.
I signed in and very interesting, it is showing the DS230 completed, so I printed out the confirmation page. It is also showing under Civil Documents N/A.
AOS is showing paid and under Documents it also is showing N/A.
I don't know what to think! Am I supposed to fill out the AOS again or are they using what they "trashed". Am I missing something here or are they using the docs are hand?
I am very perplexed that I was made to repay the fees based on the fact they "didn't see the ds230" now it has all appeared and I am out $550.
More importantly however, how do I proceed now?
I don't want to lose precious time!
Thanks again Ray for your level head in my situation, it helped me to the right decision.
Tom