My Case – USCIS Victims

Welcome to a walk-through of my journey within the U.S. immigration system, marked by instances of misinformation and oversight:

November 11, 2017: My wife, Jessica Escalante, and I arrived in the U.S., granted a six-month authorized stay.
March 20, 2018: We filed the I-140 and I-539 forms, anticipating an approval for an “extraordinary ability” petition. Due to financial constraints, we couldn’t file the I-485 application concurrently with the I-140 petition.
May 10, 2018: Initial authorized stay expired.
July 30, 2018: We were blessed with the birth of our son, Samuel Giraldo, a significant life event that put additional financial and emotional stress on us. The pregnancy of my wife presented a significant factor in our decision to pursue legal immigration. The impending arrival of our son underscored our desire for stability and a secure future.
November 9, 2018: I-539 extension was approved, leading to a misunderstanding of the allowed maximum stay.
November 27, 2018: Spoke with a USCIS representative, Priscilla, and received incorrect advice about the no need for an additional I-539 form, which greatly affected the process. USCIS promotes self-management of immigration cases, encouraging individuals to navigate the intricacies of the immigration process independently. However, U.S. immigration laws are notoriously complex, making it difficult for laypersons to fully understand them. As such, we trusted the guidance of a USCIS representative, believing that her expertise would accurately guide us through the process. Unfortunately, this misplaced trust led to significant missteps in our case. This experience underscores the need for greater clarity and support from USCIS, particularly as they encourage individuals to manage their own immigration cases amid a highly complex legal framework.
January 16, 2020: After nearly two years, our I-140 petition was approved, bringing relief to our financial situation and underlining the value of those with extraordinary abilities to the U.S.
January 28, 2020: A second-level officer, Officer Coello, furthered our misunderstanding about the need for I-539 extension, advising us instead to submit I-485. The inaccurate information we received from USCIS representatives had substantial financial implications for us. Trusting the guidance we received, we invested thousands of dollars into our case, believing that we were making the necessary steps towards a positive resolution.
February 5, 2020: We submitted Form I-485 to register permanent residence.
February 28, 2020: Filed an I-539 form for extension, denied without apparent consideration of all the facts.
August 4, 2020: We received a denial letter for the I-485 form.
August 19, 2020: Submitted a second I-539 form and a Form I-290B motion for the I-485, both later denied without a thorough review. Despite possessing a voice recording that clearly showcased the misinformation provided by a USCIS representative, USCIS refused to accept this crucial piece of evidence.
September 7, 2021: Letters sent to DHS Office of Inspector General and USCIS Office of Investigations. We are still awaiting responses.
April 18, 2022: Emails and appeals sent to various DHS and USCIS offices, and to the offices of Senator John Cornyn and Senator Ted Cruz. We are still waiting for responses.

May 9, 2023: We were blessed with the birth of our daughter, Victoria Giraldo.

We appeal to USCIS for a reconsideration of our case based on the merits of our petition, approval of our I-140 form, and existing legal provisions promoting legal immigration for individuals with extraordinary abilities. We believe that the unforeseen circumstances we faced and the misinformation provided by USCIS representatives are valid reasons to excuse the delay in our application process. We’re confident that a thorough, empathetic review of our case will yield a positive outcome.