Administrative Processing for almost a year

[SkyTwn 0]

Hello everyone! This is my first time creating a topic here, I hope I'll get some feedback or suggestions from you.

 

I feel like I should explain my situation so I'll give you some general info about me.

I've been living in the US (except 2019) since 2014 and I got my degree in 2017. After that I moved to LA for a year and then I had to go back to my country (Italy) in order to get my visa stamped on my passport.

At the end of 2017 I started the application for the visa, O-1 (since I'm a musician) and it took around 4-5 months to get accepted by USCIS. After that it was just a matter of staying in the US and do a change of status (Opt to O-1) or go back to my country, do the interview and get the visa stamped. I chose option n.2 just because I wanted to see my family after an entire year far away from them.

I booked my interview at the embassy on December 2018 and it goes pretty well, CO tells me my visa has been accepted and takes my passport, but after a few hours I receive an email stating that my case needs further AP + 221g (that I'll receive later with my passport) + DS5535 (attached in the email). No document asked, just to fill out the form which I send back the very next day.

 

It's been almost a year now (end of December would be exactly it) that I'm under AP without ANY news or update.. even the ceac website doesn't show updates.

I tried to pull some strings and all I got was the info that the embassy has no intention to deny or oppose me getting the visa. Also, my petitioner has never received any letter from USCIS stating that they have my case back; so I guess my paperwork is still at the embassy or somewhere between it and the USCIS. Nobody is telling me anything, It seems to be a giant secret.

 

Now comes the usual question.. Is there anything to do besides waiting? I didn't see it coming and ALL my stuff/work equipment is still in LA and I'm still paying for my apt and car.

I don't know if a lawyer could help me at this point but who knows. What do you think I should do?

 

Thanks in advance and sorry for being lenghty.

 

[geowrian 22,337]

Sounds like you're in extended background checks w/ a DS-5535. Nothing to do but wait for those to finish.

 

Only if it goes on with no update for decently over a year, IMHO, is it worth to even consider pushing the issue. This would be via a Writ of Mandamus (WoM). Basically, suing DOS to make a decision. The decision may not be in your favor. The process alone will require a lawyer and likely cost 5 digits. No guarantees. There are people who have waited for multiple years who haven't done a WoM. I'm only stating it as a last ditch option that can exist since you asked if there is anything that can be done.

[Boiler 45,743]

Is there not a Lawyer involved? Unusual for an O1 to not have a Lawyer involved, wondering if that might be part of the issue.

[SkyTwn 0]

Thanks for your replies!

 

- I thought about the WoM but in that case they didn't finish the background checks on me, they'll choose to deny my visa no matter what. 

  So I'm a bit worried of using it right now. Also, I think it's a good strategy for long lasting visas, not for mine which is only 3 years (less than that now). I'm afraid another AP could happen again.

 

- Yes, there's a lawyer involved but she's not an official attorney or immigration lawyer, she's just an expert for O-1 visas and helped me to get through the USCIS stage.

 

You guys think an immigration lawyer in this stage could make a difference? As far as I know nobody can't do anything and I don't want to spend more money just for someone who simply write and reply to emails, that's it.

[Boiler 45,743]

I know there are many specialist Lawyers who handle O1's particularly and obviously in the LA area and seems odd one was not involved, now whether this has anything to do with your situation impossible for any of us to now. AP of that long for Italians is not usual.

[SkyTwn 0]

I think it's unusual as well, plus in my 5 years there I've never done anything against the law or even got a ticket or something; never travelled elsewhere either if not my country.

I'm afraid they didn't even looked at it yet and/or my case is lost and buried somewhere under piles of papers.

[geowrian 22,337]

I'm still looking at the DS-5535 being the likely cause of the long AP, not specifically anything related to the petition or visa.

[SkyTwn 0]

I don't see the point in putting someone in a limbo for that long. It's for sure a bureaucratic wall, I can totally see that, but I'm not gonna lose hope in something I've started to build day after day for all these years.

[SalishSea 17,970]

Were you born in Italy?

 

and what do you mean by “pull some strings”?  At a US embassy?

[SkyTwn 0]

Meaning that I managed somehow, through friends of other friends, to get some info about my case, that's it.

[Cashorino 1]

I am in the same spot essentially, really curious to see how your case is going to work out

Edited December 1, 2019 by Cashorino

[SalishSea 17,970]

On 11/29/2019 at 7:46 AM, SkyTwn said:

Meaning that I managed somehow, through friends of other friends, to get some info about my case, that's it.

You have friends at the US embassy who were willing to give you off the record info about your case?  Weird.