Additional Administrative Processing ( Interview approved since Jan 3rd 2018 )

[Carlo Daristotile 0]

I am a US citizen lived here most of my life.

     From 2008 to 2016 I worked in Brazil. I married there in 2010 and I have a daughter born in Brazil. My daughter is now 7 and she has dual US/BR citizenship. I also have 2 step children from my wife 13 and 16.

     In 2016 I had an offer to transfer to the US and accepted, but I had to file IR-1 and IR-2 alone without help from my job. My wife has full custody of my step children, and their father's allowed them to come here to the US, all prepared by a lawyer . 

     On Jan 3rd 2018 my wife and 2 step children had interview for the IR-1 and IR-2 at the US Consulate of Rio de Janeiro. I was with them and the US Consulate approved everything. My wife and step children left their passports with the US Consulate. They said it would be 2-3 weeks to get back the passports.

     A week later the US Consulate emailed me asking for my step sons email addresses, and all social media handles. So I emailed them back the information the same day.

     It has now April 17th and still going through Administrative Processing. I emailed several times at the US Consulate of Rio. Also asked help from Michigan Senator Gary Peters. 

     The last email is copied below. Now has changed to 'Additional Administrative Processing'

Does anybody know what can I do to speed things up?

Like file a lawsuit "mandamus action" on the on the U.S. Attorney and the U.S. Attorney General.

Or just wait. Not sure what to do.

 

"Dear Applicant,

 

Currently, your case is under additional administrative processing, which must be finished before a determination may be made on your case.  

We will work towards completing our processing of your case as soon as possible.  However, we cannot predict how long this will take due to different circumstances that involve each case. 

 

We realize that these extended waiting periods can be frustrating, and we are sensitive to the fact that the purpose of the immigrant visa is to provide the opportunity to non-us citizens to immigrate to the United States.  Nevertheless, the U.S. Consulate in Rio de Janeiro, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of U.S. immigration law.  In some cases, this involves extensive administrative processing. 

 

We will contact you as soon as we have finished this stage.  Meanwhile, your patience is very much appreciated. For additional information you may visit:"

[geowrian 22,337]

A Writ of Mandamus (WoM) is  last resort option...usually after people have waited years. Even then it's risky IMO...if you get it, it only forces them to make a decision, not the decision you want. If they are awaiting any form of additional verification or background checks, then a WoM will result in a refusal as they cannot approve without that.

 

I understand the wait is hard, but hopefully it's not much longer. There are people (primarily males from certain countries) where 6-12 months of waiting is normal.

[Carlo Daristotile 0]

My step-son is Brazilian. 6-12 months for which countries?

[Boiler 45,564]

Brazil is not an obvious country for long AP, T Countries, the obvious ones are where it tends to be long.

[geowrian 22,337]

Right. Brazil is not a common one, especially for somebody who I'm assuming is still a child.

At the same time, it would just be speculation as to the cause. The result is the same at this point...waiting.

[Carlo Daristotile 0]

9 months and still waiting. My lawyer will file for a WAIVER.

[Boiler 45,564]

3 hours ago, Carlo Daristotile said:

9 months and still waiting. My lawyer will file for a WAIVER.

Waiver for what?

[SusieQQQ 11,586]

4 hours ago, Carlo Daristotile said:

9 months and still waiting. My lawyer will file for a WAIVER.

 

1 hour ago, Boiler said:

Waiver for what?

Indeed, you can’t be waived from security checks etc that cause AP.

[Carlo Daristotile 0]

     Security checks "Administrative Processing" was done along time ago. They are now doing "additional" Administrative Processing. My lawyer said since my step son will be 18 years old on March 27, 2019 they will continue doing AP so they can deny him, after he turns 18 years old. The US Consulate of Rio, will wait a total 15 months administrative processing from Jan 3rd 2018 until March 27 2019, so they can deny my step sons green card.

     My lawyer will now file for a "Waiver" on my behave for "Hardship" and try to force them make a decision, and file Freedom of Information Act.

Edited October 13, 2018 by Carlo Daristotile

[geowrian 22,337]

14 minutes ago, Carlo Daristotile said:

     Security checks "Administrative Processing" was done along time ago. They are now doing "additional" Administrative Processing. My lawyer said since my step son will be 18 years old on March 27, 2019 they will continue doing AP so they can deny him, after he turns 18 years old. The US Consulate of Rio, will wait a total 15 months administrative processing from Jan 3rd 2018 until March 27 2019, so they can deny my step sons green card.

     My lawyer will now file for a "Waiver" on my behave for "Hardship" and try to force them make a decision, and file Freedom of Information Act.

"Additional" AP is still AP. AP covers everything after the interview.

What does turning 18 have to do with it? I think your lawyer is gravely confused...the cutoff for a child is 21 not 18. Also, CSPA protects him until they finish since his age was frozen from the point you filed the I-130 onward.

There is no waiver possible until they make a decision on the case. A WoM is possible, but that only forces a decision, not a favorable one. If the case is pending something like background checks, a WoM will result in a refusal.

[SusieQQQ 11,586]

1 hour ago, Carlo Daristotile said:

     Security checks "Administrative Processing" was done along time ago. They are now doing "additional" Administrative Processing. My lawyer said since my step son will be 18 years old on March 27, 2019 they will continue doing AP so they can deny him, after he turns 18 years old. The US Consulate of Rio, will wait a total 15 months administrative processing from Jan 3rd 2018 until March 27 2019, so they can deny my step sons green card.

     My lawyer will now file for a "Waiver" on my behave for "Hardship" and try to force them make a decision, and file Freedom of Information Act.

Your lawyer is talking nonsense if he is saying that the AP is only intended to delay things in order to deny your stepson. You need a new lawyer who doesn’t charge you for telling you nonsense. 

 

You do understand I hope that if you force them to make a decision and they haven’t completed required AP, that the only thing they can do is deny the petition. 

Edited October 14, 2018 by SusieQQQ

[Boiler 45,564]

You need to to report your Lawyer to the Bar they should not be practicing Immigration Law.