221g AP Status After Getting a 212(a)(9)(B) Ineligibility Letter...

[jjeenn 1]

1. Anyone dealing with 212(a)(9)(B) "unlawful presence" issues under 180 days and 221 g Administrative Processing status? Please give us details on processing times and what they are doing.

2. We got all the docs submitted (see timeline below) - however - we can get no details of what they are questioning or the status of their analysis...Nor can we get a sense of how much longer our 15 month process will take to complete. A lawyer suggested that I as the American can schedule a interview at the embassy and present the information...has anyone done this? How about contacting the Dept. of State - effective in moving process along?

3. Does anyone know if while in AP - is the embassy just focused on the issue stated in the 221g letter OR is it possible other items are being looked into which can drag the process out longer?? The CO did not "like" it that my Indian husband has not told his parents about the marriage...nor have I met any of his family...can this come up to haunt us?

4. Clerical mistake? - My husband went to pick up his passport and inside there was a July 2, 2014 "ineligibility" letter under 212(a)(9)(B)...which does not apply to us as his unlawful presense days are well under 180 days...only 26 days. Does anyone think this is a pseudo processing mistake...like they haven't fully analyzed our 221g submission but wanted to return the passport under some reasoning - albeit wrong reasoning according to a discussion with an immigration attorney? We are eligible and cannot file for a I-601 waiver because he was not unlawfully present for more than 180 days.

We so appreciate your help!! This process is so stressful on a new marriage...and so uncertain. We are thankful for all the support and sharing here.

========TIMELINE FROM SPOUSE INTERVIEW DATE========

June 17, 2014 Spousal Interview in New Delhi - both my Indian husband and myself attended. He was issued a 221g letter requesting for more information regarding possible "unauthorized" or unlawful presence days in the USA related to a denied L1B visa extension application.

By June 19, 2014 (two days later) we had pulled together the sworn statement and proof that he left the USA in just 26 days after the L1B visa denial was received. We submitted his passport as the 221g letter requested.

July 7, 2014 - Received SMS that passport is "Ready for Pickup"

July 8, 2014 - Received passport back (NO VISA WAS ISSUED) and a letter folded inside dated July 2, 2014 - stating we were "ineligible" under section 212(a)(9)(B) - Unlawful Presence and if eligible, file for a I-601 waiver...

July 9, 2014 - After research, we discovered that his unlawful presence number of days is just 26 days - well under the 180 day threshold to bar issuance of the visa. We discovered he IS eligible for the visa and that filing a waiver request would be wrong as the number of unauthorized days is less than 180. After talking with the embassy phone workers, we were told our case is under Admin Processing, NOT "DENIED". They told us to email the July 2 "ineligibility" letter. We sent email and asked for clarification.

July 11, 2014 - We got an email from the embassy just stating our case is under 221 g processing - there was NO explanation of the July 2, letter... We called, they said (after some pushing) that we are not ineligible and that the email from July 9th was forwarded to the customs officer. They said we are just under AP and do not have more details.

[Chantal&Marjo 4]

Hi me too I'm in AP section 221g...they asked me some documents, I sent it...the only thing we can do is wait...just that...at today for me have passed 4 weeks..