London Embassy: Person reviewing documents wasn't there!!

[alfie88 3]

Ok so, I moved to New York in January 2012 to attend a one year journalism course. I then elected to do my OPT which I worked solidly throughout, earning a good amount of money and a lot of material. It was suggested to me that I should apply for an o1 and the company I worked for was willing to act as my petitioner. I hired an immigration lawyer and received my o1 approval in November 2013.

On December 30th 2013 I arrived for my interview at the US Embassy in London. I knew the drill having been issued two F1 visas during my time in the states (Initial F1 and then a second F1 when I did my OPT) and wasn't concerned having been told by my lawyer that people without a criminal record (which I do not have) in the UK have a tiny chance of being refused at the embassy.

I went up to my window for my interview where the officer asked me all the questions I was prepared for and everything seemed to be going smoothly. He then asked me if he could view my portfolio (which I had and had been put together by my lawyer and so was perfectly organised and had all the correct documents) and told me he would have a look and told me to take a seat again.

About half an hour later my number was called again and I returned to the same window, to be told that his "colleague who would be reviewing my documents was not in the office today" and that I would have to return home with my passport, DS-160 confirmation page and a piece of paper that had details of the courier service I would have to use when they required my documents. I was so shocked at what he was telling me, I barely heard a word he said and managed to ask him how long it would take, to which he said, it shouldn't be long and I probably wouldn't have to return to the embassy. I stumbled out of the Embassy, completely confused and headed home.

It was only when I got on the train that I looked at this new piece of paper to find that it was a form 221(g) and began with saying that my visa had been refused. My heart obviously sank as the interviewer had not said anything that would lead me to believe that my visa had been refused.

After returning home and a quick Google search, I was greeted with the 'Administrative Processing' page on the ds-160 check and have been reading horror stories ever since.

A week later, I received notice from the Embassy to send them my ds-160 and the 221(g) but not my passport and am still waiting to hear if my visa has been issued.

Now here's where I think my case gets interesting; my 221(g) does not have a batch number on it, which I have read that they all have, so I cannot check my case on the spreadsheet that they update periodically. It also seems that I haven't really done anything wrong here and that because the person wasn't there, I have been thrown into the administrative processing pile.

Here are my questions:

- How is it possible that there is only one person at the embassy who can check my documents?! I refuse to believe this is possible. It's redundant now because it's not going to change anything at all but I would just like to know if anyone has experience this?

- Why doesn't my 221(g) have a batch number and why does it say that my visa has been refused and that I must declare this when applying for visas in the future? Surely I can't pay for a lifetime of having that against my name because of a mistake they made?

- Has anyone ever had this happen to them?

My work is getting frustrated because they were expecting me back now and I'm going to start having my pay reduced soon.

I contacted my lawyer who has been trying to find out any information for me but to no avail. I'm going slightly out of my mind because it's been over 3 weeks now. I know people have waiting a lot longer but the fact that it was a mistake on their behalf makes this so much more frustrating.

Any help or advice at all would be really really appreciated.

Thank you!

[Boiler 45,525]

There can only be one of two outcomes to a visa interview, and you were not issued one.

Can not believe there are that many O1 applications.

Sounds like you are confusing which 221 g applies.

Why did your Employer not appoint the Lawyer?

[alfie88 3]

Because I am self-funding my o1, they are just acting as my petitioner.

How am I confusing the 221g?

[Boiler 45,525]

You are talking about 221 g horror stories, all it means in your case is that they were unable to complete the process, often it is for some missing paper work.

Unlike some other work related visas it is not I believe required for the Employer to pay for the O1 Lawyer, it is more common for the Employer to be shall we say more involved.

[alfie88 3]

Ok well that makes me feel better. I'm honestly not worried about my employer's involvement.

Do you have any information on how long the AP process takes in a case such as mine?

Thank you for your replies by the way.

[Boiler 45,525]

It should not be that long in the circumstances.

[alfie88 3]

Ok thanks for the reply. Over 3 weeks now, hard not to stress about it especially when my job is in jeopardy if I'm not back soon.

[Boiler 45,525]

Have you discussed it with your Lawyer, should have more up to date info on how things are moving through in London.

[alfie88 3]

Yeah he's sending a colleague in London to find out what's going on.

[Boiler 45,525]

Where in London? That does not make much sense.

[alfie88 3]

To the embassy

[Boiler 45,525]

You can not send someone along to the Consulate and ask them to pull the file and see what is going on, it does not work like that.

[alfie88 3]

Well he must have some sort of access or he wouldn't have said that. Anyway this is redundant. Thanks for your help.

[alfie88 3]

In case anyone is keeping track, I still haven't heard anything from the embassy. Three months have passed now.

Edited March 2, 2014 by alfie88

[alfie88 3]

sorry, two months.