Never a CCP member but was put into 221g and CCP administrative processing

[BeforeHams 0]

Hi all, 

 

I am newly registered but have been reading the post for quite some time and it has been very helpful.  My story goes as follow:

 

I had my Eb-2 visa interview at Guangzhou Consulate around mid October 2018.  I told the VO that I currently work for a state-owned employer in China but have never been a CCP (China Communist Party) member.  At the end of interview I was issued a green slip "final processing letter".  It said the visa has been preliminary approved, but I need to submit additional information regarding to my current employer. 

 

I submitted relevant info accordingly.  A few days after my submission, the Consulate emailed me with a new white 221 (g) sheet says “SAO Sheet-D”, requesting a statement re CCP and a detailed resume, for “Administrative Processing”.  I was confused because I have never been a CCP member, and I promptly submitted the requested information which clearly stated so.  Unfortunately there was no further development on my case since then, except for a couple of case status "last update date" change about 2 weeks ago.  Today the case status still remains as “Administrative Processing”.  The passport is still with the Consulate since interview.

 

Later I learned that SAO stands for "Security Advisory Opinion", and many people who were previous CCP members have been requested similar information and gone through the process which takes extensive time.  In my case there is a key difference however: I have never been a CCP member at all.  I thought maybe it has to do with my current employer which is state-owned, but my affiliation is solely because of employment, and it should not be a ground for inadmissibility.  Therefore I’ve got a feeling that this might be a mistake.  

 

I wrote to the Consulate, to the Department of State and asked my district congressional representative to explain my situation and for further help.  All inquiries were eventually directed to the Consulate (or it's IV unit) and the response were all like: "...case is currently under AP in accordance with Section 221(g) of the Immigration and Nationality Act.... AP often lasts several months, but in some instances it can take significantly longer".  No case specific discussions were shared.

 

It has been more than four months since the interview and I really don't know what to do at this point.  I would appreciate if anyone could share any similar experience, resource to go to or advise on what I should do.  Thanks in advance!

[RandyW 149]

You can bet that they are investigating your connection (or lack thereof) with the Communist Party.

 

On 3/19/2019 at 1:47 PM, BeforeHams said:

 . . .

SAO stands for "Security Advisory Opinion"

. . .

 

Quote

my affiliation is solely because of employment

Here you seem to say that there IS a connection.

You have NOT been declared inadmissable.

[BeforeHams 0]

44 minutes ago, RandyW said:

Here you seem to say that there IS a connection.

You have NOT been declared inadmissable.

Thanks RandyW for your response. 

 

Maybe "affiliation" is a strong word but I meant to say I am connected with a state-owned employer just because of employment, however as a fact I have never been a member of CCP.  I thought only membership is what they would scrutinize.

[RandyW 149]

11 hours ago, BeforeHams said:

Thanks RandyW for your response. 

 

Maybe "affiliation" is a strong word but I meant to say I am connected with a state-owned employer just because of employment, however as a fact I have never been a member of CCP.  I thought only membership is what they would scrutinize.

 

 

They are scrutinizing your employment with the SOE. "AP often lasts several months, but in some instances it can take significantly longer". That is likely all you'll hear.

[BeforeHams 0]

OK I just want to give an update if there is anyone who is interested in similar situation.  Till today the administrative processing has been going for almost 17 months... I write to the consulate once a month, have tried 3 lawyers and wrote to my district senator twice for inquiries and learnt absolutely nothing from the consulate, except that "the case is still under administrative processing".  There are a couple of case updates during the middle.  Basically I have given up hope.  I've not tried mandamus action yet.

[gemini23nj 2]

On 4/10/2020 at 12:57 PM, BeforeHams said:

OK I just want to give an update if there is anyone who is interested in similar situation.  Till today the administrative processing has been going for almost 17 months... I write to the consulate once a month, have tried 3 lawyers and wrote to my district senator twice for inquiries and learnt absolutely nothing from the consulate, except that "the case is still under administrative processing".  There are a couple of case updates during the middle.  Basically I have given up hope.  I've not tried mandamus action yet.

Hello, have you had any updates? 

[igoyougoduke 1,662]

On 4/10/2020 at 9:57 AM, BeforeHams said:

OK I just want to give an update if there is anyone who is interested in similar situation.  Till today the administrative processing has been going for almost 17 months... I write to the consulate once a month, have tried 3 lawyers and wrote to my district senator twice for inquiries and learnt absolutely nothing from the consulate, except that "the case is still under administrative processing".  There are a couple of case updates during the middle.  Basically I have given up hope.  I've not tried mandamus action yet.

Your case has probably gone into thorough vetting due to the friction between china and US. I dont think they have an estimate if your case as they can take their time to complete the vetting

[Henry999 0]

On 4/11/2020 at 12:57 AM, BeforeHams said:

OK I just want to give an update if there is anyone who is interested in similar situation.  Till today the administrative processing has been going for almost 17 months... I write to the consulate once a month, have tried 3 lawyers and wrote to my district senator twice for inquiries and learnt absolutely nothing from the consulate, except that "the case is still under administrative processing".  There are a couple of case updates during the middle.  Basically I have given up hope.  I've not tried mandamus action yet.

Hi I just want to know how about your case recently about the updates? Was issued finally?