For the immediate attention of the 

Assistant Center Director

Division 2


Andrew DeFaria
6187 Ellerbrook Way
San Jose, California 95123-5012
Day Phone: (408)-855-8860x121
Evening Phone: (408)-363-0562
Email: Andrew@DeFaria.com

U.S. Department of Justice
Immigration and Naturalization Service
California Service Center
P.O. Box 10129
Laguna Niguel, CA 92607-1012
Attention
: Investigations Unit

Re:
Administrative Review of Approved I-129F

Petitioner:
Andrew DeFaria

Beneficiary:
Olga Fedoryaka

CSC File #:
WAC0101653678

Case ID #:
WRW2001009031

Dear Officer:

I, Andrew DeFaria, a United States Citizen, filed an I-129F on behalf of my fiancée, Olga Fedoryaka, in October 2000 and which was subsequently approved by the California Service Center on January 2, 2000.

Following an interview by the consulate in Warsaw, Poland on April 23, 2001 with the petitioner and beneficiary, the file was sent to the Western Service Center for Administrative Review pursuant to 9 FAM, Part 41. The case was shipped via registered mail (No. 4382893) to Laguna Niguel on May 16, 2001 and has been said to have left to Dulles Air Force Base on May 22, 2001.

Please advise as to the following:

  1. If/when the case was received by your office;
  2. If a new case number has been assigned;
  3. A definitive statement of what the problem is with my petition ;
  4. The status of the investigation;
  5. A reasonable estimate of when a decision will be reached ;
  6. Whether I will be permitted to introduce any evidence or additional information to support my case and if so how and where

Today, December 17, 2001 I spoke to John Serra at the CSC. He advised me to send this fax. He said that the "P" file was in some workstation and apparently the "A" file was in Phoenix. He said I should mention that my petition was approved way back on January 2, 2001 and that I was present at the interview in Warsaw on April 23, 2001 when the consular officer said he was returning the petition to the CSC. As stated above the petition was traced back to Dulles Air Force Base on May 22, 2001. I do not know how to trace it further. The petition is stuck somewhere in the CSC, probably waiting for the "A" file or something like that. I have already been to my Congressman and my Senators but they have been unable to help locate the file. I've been through several immigration attorneys and none of them have been able to get status of my petition although one managed to get FIOA files for both me and my fiancée. I see no reason why I should be delayed in starting my family with my fiancée from the FIOA files. I have faxed several times in the past to no avail. I've even driven 10 hours down to Laguna Niguel and was told nothing. It's been 8 months now and as far as I can see my returned petition is just sitting there not being processed and nobody knows why. John Serra verified for me that my petition is stuck and John does not know why it is not going forward so he suggested that I fax the Assistant Center Directory. Please, please, I beg of you! Please find out for me why my petition has not even been acknowledged of being received back by the CSC and why it is not being processed right now. I feel I've waited patiently enough and that my petition should be being processed by somebody there at this moment. John mentioned that you are currently processing petitions from November 5, 2001 so I would suspect that my petition should be processed immediately!

John also says I should request notification that my petition has been received and that my petition is being processed.

Thank you for your attention to this matter and I look forward to hearing from you in the near future. If you have any questions, please feel free to contact me.

Very truly yours,

Andrew DeFaria
Andrew DeFaria