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How to get out of long long AP

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Filed: Country: Pakistan
Timeline

Being a USA citizen, I applied for my parents consular processing and they went to US Embassy in Islamabad. My father was put on AP (security check) and I had tried every thing from writing/calling/visiting US Embassy in ISB to contacting US senators of my states and also, my sisters contacted their states senator but nothing good come out and AP lasted more then 3 years. What I have learned is that US senators/congressman have no authority and power to do any thing except get the status of you case.

Then finally we had to hire a lawyer to file a lawsuit against USCIS director, Secretary of the dept of homeland security, Consul general of US Embassy Islamabad, & FBI director. The lawsuit was to make decision on my father visa case.

It is worthwhile to mentioned that I have been living in Pakistan for last 3 years. Couple of lawyers said that while living in Pakistan I can not file a lawsuit in USA, and they were right. Finally we came across to a good lawyer who advised that if one of my USA citizen sister who is living in states and myself can jointly file a lawsuit then it might work, as both of us were suffering not having parents in USA with us, as I had to leave my job to be with my parents in Pakistan and my sister is away from their parents. Long story short, within 90 days of lawsuit defendants has to reply as per law. With in 3 months of lawsuit, my parents got call from USA Embassy in ISB asking to submit their passports, new medical test and latest police certificate ASAP as their visa is ready. It took my parents a week to submit all this and within next week or 10 days, they got their passport with packet IV.

The moral of tell all this is that if you stuck in AP or any other unjustified delays for quite long time then the only way to get out of it is lawsuit. By filing a lawsuit, they have to either reject your visa based on some valid grounds or move your file up for fresh review. UCIS/FBI/homeland security, they do not want to go through court fight for straight forward case which has no solid grounds to reject.

Hoping by sharing my experience dealing with USA embassy in ISB might help others who are going through long delays.

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Filed: Citizen (apr) Country: India
Timeline

Wow! Good advice. Congrats on your success after such perseverance! :thumbs:

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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Filed: IR-1/CR-1 Visa Country: Syria
Timeline

it's really sad that you had to endure such a long wait and resorted to suing DHS and USCIS to get your parents to come to the US, but this is good to know....thanks for sharing your story.

Timeline:

Sent in I-130 form: 01/29/09

Interview Date: 11/08/09 (APPROVED!)

Visa in Hand: 11/12/09

POE: 01/30/10 (!!!!) at JFK Airport in NYC... can't wait!

Got the green card maybe 8 weeks after 01/30/10...

TBC....

======================================================================

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Filed: K-1 Visa Country: Bangladesh
Timeline

I second that. Congratulations, but sorry for the horrible process.

08/24/2010: APPROVED! VISA IN HAND! :) (AP lasted exactly 2 months)

08/28/2010: Entry to USA at JFK.

09/17/2010: We're married!!! :)

11/22/2010: AOS filed (I-485, I-765, I-313)

11/30/2010: Received NOA1

12/16/2010: Biometrics Appointment

02/07/2011: EAD Approved

02/15/2011: Received AOS Appointment date

02/16/2011: Received AP document!

02/17/2011: Received EAD!

03/18/2011: AOS appointment (Cleveland Office)

03/23/2011: Received Approval Notice

03/31/2011: Received Green Card! :)

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  • 4 months later...
Filed: Country: Pakistan
Timeline
Being a USA citizen, I applied for my parents consular processing and they went to US Embassy in Islamabad. My father was put on AP (security check) and I had tried every thing from writing/calling/visiting US Embassy in ISB to contacting US senators of my states and also, my sisters contacted their states senator but nothing good come out and AP lasted more then 3 years. What I have learned is that US senators/congressman have no authority and power to do any thing except get the status of you case.

Then finally we had to hire a lawyer to file a lawsuit against USCIS director, Secretary of the dept of homeland security, Consul general of US Embassy Islamabad, & FBI director. The lawsuit was to make decision on my father visa case.

It is worthwhile to mentioned that I have been living in Pakistan for last 3 years. Couple of lawyers said that while living in Pakistan I can not file a lawsuit in USA, and they were right. Finally we came across to a good lawyer who advised that if one of my USA citizen sister who is living in states and myself can jointly file a lawsuit then it might work, as both of us were suffering not having parents in USA with us, as I had to leave my job to be with my parents in Pakistan and my sister is away from their parents. Long story short, within 90 days of lawsuit defendants has to reply as per law. With in 3 months of lawsuit, my parents got call from USA Embassy in ISB asking to submit their passports, new medical test and latest police certificate ASAP as their visa is ready. It took my parents a week to submit all this and within next week or 10 days, they got their passport with packet IV.

The moral of tell all this is that if you stuck in AP or any other unjustified delays for quite long time then the only way to get out of it is lawsuit. By filing a lawsuit, they have to either reject your visa based on some valid grounds or move your file up for fresh review. UCIS/FBI/homeland security, they do not want to go through court fight for straight forward case which has no solid grounds to reject.

Hoping by sharing my experience dealing with USA embassy in ISB might help others who are going through long delays.

Hi, I have same situation except that it has been almost 3 months after my parents interview, they had interview in November 2009, My mother is approved and they told her that their visa is ready for print, but my father has to wait for administrative process, they gave him pink slip. I dont know what to do??? Should is go for lawsuit now>?????

Sohail

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