Waiting for a NOA2 from VSC for your I-129F?

[amrssnowangel 0]

I am really p*ssed off about this. Sorry, but I am! I know I'll sound like a two year old here, but it is so unfair that they are approving these later filers knowing they have such a huge backlog.

Makes you wonder if some people filing petitions have friends or family that work at USCIS as adjudicators.

My fiance said the exact same thing...... But could the last one be real? They just signned up...posted both noa1 and noa2 and lets see if they come back...we got a lot of fire from the egypt search site..maybe someone wanted to "rattle" us.

[OsLoraTamm 0]

I feel so frustrated right now, I can't wait for tomorrow to find out what that stupid letter says!

The worst thing is that today is my stepsister's bday and I gotta go to her house and fake a happy face and pretend that everything is fine just when in the inside I feel like ####### about all this....of course she's gonna ask once again when am I leaving and how is the process going and I'm just so sick and tired or having the same answer....

I don't feel like going out and pretend I'm happy when I'm not.

Sorry guys but I just had to let this out.....This doesn't mean I stopped being positive and hopefull! No way! But this is something that I had inside me that I had to let go......

Sorry! Hopefully some of you will understand my frustration...

Hi Mirla, I understand your frustration Oscar and I are 153 days and nothing.......Oscar lives in Arequipa and says the same thing that every single day his family asks about the visa and when when when....he gets to come home to me.......I am going to loose it tomorrow with this agency.......I am calling congressmen and senators and since I live 20 miles from Washington I might just show up at someones offices tomorrow with some questions......I hope the best for you.......Lora.....p.s.....for all of us

[Haonie 0]

Hi everyone,

I'm not sure about this info Read this Thread. Just want to share. "Eric and An Thuy, approved only 34 days from VSC"

Edited November 4, 2007 by Haonie

[Bill B 0]

Hi everyone,

I'm not sure about this info Read this Thread. Just want to share. "Eric and An Thuy, approved only 34 days from VSC"

He isn't military, he says he is a realtor in one of his posts. Hard to tell what is going on with this one going so fast...

http://www.visajourney.com/forums/index.ph...p;#entry1300989

[Bill B 0]

I found this on an immigration lawyer's web site. It gives some good insight into what security checks are done and specifically at USCIS. Reading this I can see how some folks could be delayed if they get flagged and put into another pile for a special adjudicator to further research. Anyway, interesting reading here...

Ref: http://www.usaimmigrationattorney.com/Secu...tiveReview.html

SECURITY NAME CHECKS

AND ADMINISTRATIVE REVIEW*

REVISED: December 2006

GARY G. BALA

I. SECURITY NAME CHECKS (ALSO CALLED BACKGROUND CHECKS)

For public safety & welfare and national security reasons, all visa petitions under current regulation and procedure are placed through security name checks at three (3) locations: 1. USCIS office, 2. National Visa Center (NVC) and 3. the U.S. Consulate where the visa is ultimately issued.

There can be not one but several levels of security checking: There is an initial security name check done rountinely on all in-coming petitions. If the results produce a "lookout hit" or "red flag hit", the petition is placed in line for additional more intensive customized security screening, which could include a request for full fingerprints and which obviously has the undesirable effect of extending processing time for adjudication. While security checking is widely focused on the visa beneficiary, petitioners and even attorneys and consultants involved in a case are subject to security screening.

A Lookout Hit or Red Flag Hit can be generated on a visa petition, among other reasons, for any the following:

*Past arrest record

*Past criminal conviction record

*Past firearms record

*Past record of domestic violence or sexual offenses

*Past fingerprint record with any law enforcement agency

*Past visa or immigration history

*Watch List or Pending Charges "Hit": Petitioner or Beneficiary is currently on watch list or wanted on pending charges with any law enforcement or other government agency, (local, state, federal, FBI, INTERPOL, Homeland Security, State Department designated terrorist group list)

*Common or Similar Last Name with others in the database who have

past arrest or conviction records (sometimes called a "False Hit")

Under post 09-11 legislation such as USA Patriot Act, Border Security Act and Intelligence Reform Act, our Immigration Service, the Consulates, and Customs and Border Protection, have worked to significantly upgrade their technological capabilites, increase inter-agency data-sharing and coordinate investigative activities. The current policy directive is "zero tolerance" policy for security issues. The on-going U.S.Visit program is one example. Another important example is the implementation of a critical software upgrade which effectively links up Immigration and Consular databases with many local law enforcement data bases and the FBI criminal database.

Obviously, any security name check is only as good as the accuracy and completeness of the database upon which the check the done. Here is a sample of the principal databases upon which an immigration and consular security check can be done currently:

*NCIC (National Crime Information Center)(also called FBI criminal database)

*IBIS (Interagency Border Inspection System)

[Click Here for More Information on Security Checks with IBIS.]

*NIIS (Non-Immigrant Information System)

*CLASS (Consular Lookout and Support System)(This name-check database

in particular has been greatly expanded, now storing up to 18 million records.)

*CCD ( Consular Consolidated Date Base)(Stores 75 million records of past visa applications and outcomes)

*TIPOFF (Classified DOS Bureau of Intelligence database)

*NAILS (National Automated Immigration Lookout System)

*TECS II (Treasury Enforcement and Communucation System)

*TSC and TTIC databases (DOS Terrorist Screening system)

At USCIS (Homeland Security Department) stage, currently, NCIC, IBIS and NIIS database checks are done, with the option, if warranted, to do additional database checks.

At National Visa Center (State Department) stage, a separate independent NCIC database check is done by in-house FBI staff in connection with information supplied in the DS-230. Based on results, NVC has the option to request full fingerprints to be taken at post. NVC checks can usually be completed in 24 hours. In some limited cases involving high-risk visa applicants meeting certain specific criteria, NVC also does Security Advisory Opinions (SOAs) before sending the file to Consular Post.

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)

[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

CONDOR refers to a check done mostly of information supplied on Form DS-157, and focuses on visa applicants with a potential terrorist, firearms or weapons background. CONDOR in most cases should be completed in 90 days or less. If not, contact the VO Public Inquiry line at Tel: 202-663-1225 or usvisa@state.gov

MANTIS refers to when potentially sensitive technologies might be used by the visa applicant in her visit to the U.S. If the visa applicant might employ a "critical-fields" technology in the U.S. which could have a "dual-use" such military or national security application, this check will be done to screen out a high-risk applicant. Most MANTIS checks can be done in 30 days. If not, contact the SAO Problem Resolution Unit at saoinquiries@state.gov.

NCIC (via CLASS) refers to the name check procedure done by the Consulate with the NCIC criminal database at FBI. This procedure screens visa applicants by name to see if there is a "hit" with the criminal database: that is, a person in the criminal database has the same or very similar name to the visa applicant.

"False Hits" Problem: Consular posts however have recently been inundated with "false hits" from 7 million new names added to the NCIC database, including persons with convictions for minor offenses such as simple DUIs and shoplifting. Many visa applicants with common names with those in the database get a "false hit": the refers to when a visa applicant's name matches a name in the datebase but is NOT actually that same person in the database, just a person with a common or very similar name. This places the case into what is called "Administrative Review". Under current rules, the Consulate is required in this circumstance to receive full clearance from FBI (via the NVC) before Consulate can issue the visa. It may require a full fingerprint check and customized investigation. Full clearance from FBI (via the NVC) in most cases can take 4 to 6 weeks, but in some cases much longer and even months.

"False hits" have become a major problem for some visa applicants. There are reportedly an alarming number of false hits caused by similar or identical or very similar names, or errors, inconsistencies or discrepencies in listed names in official documents. This is true especially in countries, such as the Latin countries, where there are only a few surnames and name-similarity is common, or record-keeping accuracy in official documents is dubious. Reportedly, approximately half of all names in the NCIC database are Latino, and this has resulted in a high number of false hits for individuals with common or very similar last names at Consulates in the Latin countries. Applicants presently are not allowed the opportunity to prove that they are not the same person as that on the database, nor is there a way to initiate security checking in advance of the visa application.

Thus, the best protection for visa applicants to avoid name check problems and delays resulting from Administrative Review at the Consulates and USCIS is: providing full, accurate and truthful name information (first, last, middle, and other) in all forms and documents, timely submission of local police clearance reports and promptly complying with any request for full fingerprints.

*SPECIAL NOTE ON EFFORTS TO AVOID OR CIRCUMVENT "FALSE HIT" BACKGROUND SECURITY CHECK*: Except in the most extra-ordinary circumstances, advance efforts to avoid or circumvent "false hit" before it happens, or complete a background security check in advance, such early submission to the Consulate of the DS-156 and DS-157 or police, arrest or fingerprint records, will probably not be fruitful. As stated by AILA: "Although attorneys have attempted to be pro-active and expedite the process by submitting copies of arrest records, final court-dispositions and attorney-initiated FBI results [and DS-156 and 157], at the initial visa application, consular officers are required to obtain fingerprints in a NCIC name check "hit". Once a post has received a response from the FBI via the National Visa Center (NVC), it may at the consular officer's discretion accept documentation from the applicant that matches the extract provided by the FBI. However, consular posts will not accept submission of all related documents in lieu of initiating required security checks and fingerprinting." See 22 CFR Section 41.105(B)(2), and "DOS Answers to AILA's Questions" (Oct. 02, 2002), published on AILA InfoNet at Doc. No. 02100340 (posted Oct. 03, 2002).

*SPECIAL NOTE ON NEW SOFTWARE TO EXPEDITE "FALSE HIT" CLEARANCES*: Department of State (DOS) has initiated worldwide deployment of new computer software that is expected to greatly reduced the clearance time for applicants who have been the subject of "false hits" in the visa security check process. The new software will allow posts to capture the applicant's digital fingerprints and check them electronically with the FBI's NCIC database within 24 hours. DOS has launched this new software through a pilot program at consular posts in Mexico City, and reports that the pilot program has been able to clear "false hits" in as little as same day (sometimes in one or two hours). Worldwide deployment of the new software to expected to be finalized once the Technical Communications Security Office approves the program. See "DOS Answers to AILA'S Questions" (March 23, 2006), published on AILA InfoNet at Doc. No. 06041060 (posted Apr. 10, 2006).

II. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

**STATUS CHECK OF CASES IN ADMINISTRATIVE REVIEW: Status Checks of cases in administrative review should first be addressed to the Consulate in question. Click Here for List of Consulates. The State Department's Office of Visa Services can also assist in status checking of cases which are unusually delayed. Tel: 202-663-1225 (Punch 1, Then 0, Avg. Wait Time Approx. 15 minutes to Speak with a Live "Visa Specialist", ET 8:30 AM to 5:00PM). E-Mail: usvisa@state.gov Click Here for More Information. For people who want to be active during the painful waiting period, especially if it becomes protracted, here are two suggestions: 1. Request in Writing Information from Immigration Service and the State Department under the Freedom of Information Act (FOIA) regarding the reason for the Administrative Delay. See: USCIS Freedom of Information Act Request. and State Department Freedom of Information Request. 2. Order the Visa Applicant's FBI record directly from the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

**WRIT OF MANDAMUS: What is this Writ and How is it Obtained?

"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court.

As explained by the U.S. Court of Appeals, 9th Circuit:

"Mandamus is an extraordinary remedy and is available to compel a federal official to perform a duty only if: (1) the individual's claim is clear and certain; (2) the official's duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt, and (3) no other adequate remedy is available. Azurin v. Von Raab, 803 F.2d 993, 995 (9th Cir.1986)."

A Writ of Mandamus is usually not appropriate for a Visa Petitioner and Applicant whose case has been placed into Administrative Review for only a few days, weeks or even months. However, it may be appropriate for a case which has been waiting for many, many months and even years. See: Patel v. Reno (U.S. Court of Appeals, 9th Cir., No. 96-55359a, Jan. 16, 1998)(Court issues Writ of Mandamus to Consular Officials at U.S. Consulate in Bombay, India because "consulate had a duty to act" when Petitioner's family visa applications were under administrative review for EIGHT (8) years without decision). For more general information, see: Writ of Mandamus Process Practice Advisory from AILF.

*INTERNATIONAL MARRIAGE BROKER REGULATION ACT ("IMBRA")*: Security Name Checks at USCIS and the Consulates have reportedly intensified due to the passage of IMBRA, which effectively requires more security checks of both Petitioner and Beneficiary, including check for Abuse Protections Orders, court-restraining or "no-contact" orders and past domestic violence history, and a check on the number of a past K Visa petitions a Petitioner has submitted.

[Jason-Sasha 1]

Thank you to everyone who wished me a happy birthday. its been a good relaxing kind of day. Sasha's birthday is only 4 days away. We love having birthdays so close to each other.

So, anyway, this is just getting strange! All of these quick approvals are throwing off all of our formulas here. I'm happy for anyone who gets an approval but this is just nonsense. You would think that their priority would be to get old petitions approved first. They really need to be called out on this....its just horrible business.

[Bill y Bella 0]

B)-->

QUOTE(Bill B @ Nov 4 2007, 07:41 PM) <{POST_SNAPBACK}>

I found this on an immigration lawyer's web site. It gives some good insight into what security checks are done and specifically at USCIS. Reading this I can see how some folks could be delayed if they get flagged and put into another pile for a special adjudicator to further research. Anyway, interesting reading here...

Ref: http://www.usaimmigrationattorney.com/Secu...tiveReview.html

Interesting post. Thanks!

[Jason-Sasha 1]

B)-->

QUOTE(Bill B @ Nov 4 2007, 06:41 PM) <{POST_SNAPBACK}>

I found this on an immigration lawyer's web site. It gives some good insight into what security checks are done and specifically at USCIS. Reading this I can see how some folks could be delayed if they get flagged and put into another pile for a special adjudicator to further research. Anyway, interesting reading here...

Ref: http://www.usaimmigrationattorney.com/Secu...tiveReview.html

SECURITY NAME CHECKS

AND ADMINISTRATIVE REVIEW*

REVISED: December 2006

GARY G. BALA

I. SECURITY NAME CHECKS (ALSO CALLED BACKGROUND CHECKS)

For public safety & welfare and national security reasons, all visa petitions under current regulation and procedure are placed through security name checks at three (3) locations: 1. USCIS office, 2. National Visa Center (NVC) and 3. the U.S. Consulate where the visa is ultimately issued.

There can be not one but several levels of security checking: There is an initial security name check done rountinely on all in-coming petitions. If the results produce a "lookout hit" or "red flag hit", the petition is placed in line for additional more intensive customized security screening, which could include a request for full fingerprints and which obviously has the undesirable effect of extending processing time for adjudication. While security checking is widely focused on the visa beneficiary, petitioners and even attorneys and consultants involved in a case are subject to security screening.

A Lookout Hit or Red Flag Hit can be generated on a visa petition, among other reasons, for any the following:

*Past arrest record

*Past criminal conviction record

*Past firearms record

*Past record of domestic violence or sexual offenses

*Past fingerprint record with any law enforcement agency

*Past visa or immigration history

*Watch List or Pending Charges "Hit": Petitioner or Beneficiary is currently on watch list or wanted on pending charges with any law enforcement or other government agency, (local, state, federal, FBI, INTERPOL, Homeland Security, State Department designated terrorist group list)

*Common or Similar Last Name with others in the database who have

past arrest or conviction records (sometimes called a "False Hit")

Under post 09-11 legislation such as USA Patriot Act, Border Security Act and Intelligence Reform Act, our Immigration Service, the Consulates, and Customs and Border Protection, have worked to significantly upgrade their technological capabilites, increase inter-agency data-sharing and coordinate investigative activities. The current policy directive is "zero tolerance" policy for security issues. The on-going U.S.Visit program is one example. Another important example is the implementation of a critical software upgrade which effectively links up Immigration and Consular databases with many local law enforcement data bases and the FBI criminal database.

Obviously, any security name check is only as good as the accuracy and completeness of the database upon which the check the done. Here is a sample of the principal databases upon which an immigration and consular security check can be done currently:

*NCIC (National Crime Information Center)(also called FBI criminal database)

*IBIS (Interagency Border Inspection System)

[Click Here for More Information on Security Checks with IBIS.]

*NIIS (Non-Immigrant Information System)

*CLASS (Consular Lookout and Support System)(This name-check database

in particular has been greatly expanded, now storing up to 18 million records.)

*CCD ( Consular Consolidated Date Base)(Stores 75 million records of past visa applications and outcomes)

*TIPOFF (Classified DOS Bureau of Intelligence database)

*NAILS (National Automated Immigration Lookout System)

*TECS II (Treasury Enforcement and Communucation System)

*TSC and TTIC databases (DOS Terrorist Screening system)

At USCIS (Homeland Security Department) stage, currently, NCIC, IBIS and NIIS database checks are done, with the option, if warranted, to do additional database checks.

At National Visa Center (State Department) stage, a separate independent NCIC database check is done by in-house FBI staff in connection with information supplied in the DS-230. Based on results, NVC has the option to request full fingerprints to be taken at post. NVC checks can usually be completed in 24 hours. In some limited cases involving high-risk visa applicants meeting certain specific criteria, NVC also does Security Advisory Opinions (SOAs) before sending the file to Consular Post.

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)

[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

CONDOR refers to a check done mostly of information supplied on Form DS-157, and focuses on visa applicants with a potential terrorist, firearms or weapons background. CONDOR in most cases should be completed in 90 days or less. If not, contact the VO Public Inquiry line at Tel: 202-663-1225 or usvisa@state.gov

MANTIS refers to when potentially sensitive technologies might be used by the visa applicant in her visit to the U.S. If the visa applicant might employ a "critical-fields" technology in the U.S. which could have a "dual-use" such military or national security application, this check will be done to screen out a high-risk applicant. Most MANTIS checks can be done in 30 days. If not, contact the SAO Problem Resolution Unit at saoinquiries@state.gov.

NCIC (via CLASS) refers to the name check procedure done by the Consulate with the NCIC criminal database at FBI. This procedure screens visa applicants by name to see if there is a "hit" with the criminal database: that is, a person in the criminal database has the same or very similar name to the visa applicant.

"False Hits" Problem: Consular posts however have recently been inundated with "false hits" from 7 million new names added to the NCIC database, including persons with convictions for minor offenses such as simple DUIs and shoplifting. Many visa applicants with common names with those in the database get a "false hit": the refers to when a visa applicant's name matches a name in the datebase but is NOT actually that same person in the database, just a person with a common or very similar name. This places the case into what is called "Administrative Review". Under current rules, the Consulate is required in this circumstance to receive full clearance from FBI (via the NVC) before Consulate can issue the visa. It may require a full fingerprint check and customized investigation. Full clearance from FBI (via the NVC) in most cases can take 4 to 6 weeks, but in some cases much longer and even months.

"False hits" have become a major problem for some visa applicants. There are reportedly an alarming number of false hits caused by similar or identical or very similar names, or errors, inconsistencies or discrepencies in listed names in official documents. This is true especially in countries, such as the Latin countries, where there are only a few surnames and name-similarity is common, or record-keeping accuracy in official documents is dubious. Reportedly, approximately half of all names in the NCIC database are Latino, and this has resulted in a high number of false hits for individuals with common or very similar last names at Consulates in the Latin countries. Applicants presently are not allowed the opportunity to prove that they are not the same person as that on the database, nor is there a way to initiate security checking in advance of the visa application.

Thus, the best protection for visa applicants to avoid name check problems and delays resulting from Administrative Review at the Consulates and USCIS is: providing full, accurate and truthful name information (first, last, middle, and other) in all forms and documents, timely submission of local police clearance reports and promptly complying with any request for full fingerprints.

*SPECIAL NOTE ON EFFORTS TO AVOID OR CIRCUMVENT "FALSE HIT" BACKGROUND SECURITY CHECK*: Except in the most extra-ordinary circumstances, advance efforts to avoid or circumvent "false hit" before it happens, or complete a background security check in advance, such early submission to the Consulate of the DS-156 and DS-157 or police, arrest or fingerprint records, will probably not be fruitful. As stated by AILA: "Although attorneys have attempted to be pro-active and expedite the process by submitting copies of arrest records, final court-dispositions and attorney-initiated FBI results [and DS-156 and 157], at the initial visa application, consular officers are required to obtain fingerprints in a NCIC name check "hit". Once a post has received a response from the FBI via the National Visa Center (NVC), it may at the consular officer's discretion accept documentation from the applicant that matches the extract provided by the FBI. However, consular posts will not accept submission of all related documents in lieu of initiating required security checks and fingerprinting." See 22 CFR Section 41.105( B) (2), and "DOS Answers to AILA's Questions" (Oct. 02, 2002), published on AILA InfoNet at Doc. No. 02100340 (posted Oct. 03, 2002).

*SPECIAL NOTE ON NEW SOFTWARE TO EXPEDITE "FALSE HIT" CLEARANCES*: Department of State (DOS) has initiated worldwide deployment of new computer software that is expected to greatly reduced the clearance time for applicants who have been the subject of "false hits" in the visa security check process. The new software will allow posts to capture the applicant's digital fingerprints and check them electronically with the FBI's NCIC database within 24 hours. DOS has launched this new software through a pilot program at consular posts in Mexico City, and reports that the pilot program has been able to clear "false hits" in as little as same day (sometimes in one or two hours). Worldwide deployment of the new software to expected to be finalized once the Technical Communications Security Office approves the program. See "DOS Answers to AILA'S Questions" (March 23, 2006), published on AILA InfoNet at Doc. No. 06041060 (posted Apr. 10, 2006).

II. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

**STATUS CHECK OF CASES IN ADMINISTRATIVE REVIEW: Status Checks of cases in administrative review should first be addressed to the Consulate in question. Click Here for List of Consulates. The State Department's Office of Visa Services can also assist in status checking of cases which are unusually delayed. Tel: 202-663-1225 (Punch 1, Then 0, Avg. Wait Time Approx. 15 minutes to Speak with a Live "Visa Specialist", ET 8:30 AM to 5:00PM). E-Mail: usvisa@state.gov Click Here for More Information. For people who want to be active during the painful waiting period, especially if it becomes protracted, here are two suggestions: 1. Request in Writing Information from Immigration Service and the State Department under the Freedom of Information Act (FOIA) regarding the reason for the Administrative Delay. See: USCIS Freedom of Information Act Request. and State Department Freedom of Information Request. 2. Order the Visa Applicant's FBI record directly from the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

**WRIT OF MANDAMUS: What is this Writ and How is it Obtained?

"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court.

As explained by the U.S. Court of Appeals, 9th Circuit:

"Mandamus is an extraordinary remedy and is available to compel a federal official to perform a duty only if: (1) the individual's claim is clear and certain; (2) the official's duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt, and (3) no other adequate remedy is available. Azurin v. Von Raab, 803 F.2d 993, 995 (9th Cir.1986)."

A Writ of Mandamus is usually not appropriate for a Visa Petitioner and Applicant whose case has been placed into Administrative Review for only a few days, weeks or even months. However, it may be appropriate for a case which has been waiting for many, many months and even years. See: Patel v. Reno (U.S. Court of Appeals, 9th Cir., No. 96-55359a, Jan. 16, 1998)(Court issues Writ of Mandamus to Consular Officials at U.S. Consulate in Bombay, India because "consulate had a duty to act" when Petitioner's family visa applications were under administrative review for EIGHT (8) years without decision). For more general information, see: Writ of Mandamus Process Practice Advisory from AILF.

*INTERNATIONAL MARRIAGE BROKER REGULATION ACT ("IMBRA")*: Security Name Checks at USCIS and the Consulates have reportedly intensified due to the passage of IMBRA, which effectively requires more security checks of both Petitioner and Beneficiary, including check for Abuse Protections Orders, court-restraining or "no-contact" orders and past domestic violence history, and a check on the number of a past K Visa petitions a Petitioner has submitted.

Yeah....but does this mean that a DUI I had 4 years ago could delay our approval??

[BYRON-LEIDY 0]

I was wondering the same thing Jason....I had a DUI 9 years ago..

[English Muffin 59]

I was wondering the same thing Jason....I had a DUI 9 years ago..

I'm sure someone will correct me if I'm wrong but I think it could only make a difference if the beneficiary had a DUI.

Gillian

[Jason-Sasha 1]

I was wondering the same thing Jason....I had a DUI 9 years ago..

I'm sure someone will correct me if I'm wrong but I think it could only make a difference if the beneficiary had a DUI.

Gillian

Hope so!

[SteveSandyHill 0]

Is it me or does it seem that California is way ahead of Vermont as far as approving June K1's?

[amrssnowangel 0]

Is it me or does it seem that California is way ahead of Vermont as far as approving June K1's?

I thought so to..but if u look at the timelines... ALOT of the June noa2's were mailed MID May. But they seem to be gaining ground on VCS.

[amrssnowangel 0]

Seems this isn't the ONLY time USCIS has had delays 2005 seems to have had it to....so why have they taken so long to do something about these delays if it reoccurs??? ...same attorney has this in his site as well at:

http://www.usaimmigrationattorney.com/NewSite/Index.html

WHY IS MY PETITION TAKING SO LONG

AT THE IMMIGRATION SERVICE CENTER?

Revised Date: May, 2005

Dear Clients, Friends and Supporters,

Many clients are experiencing long delays in the processing of their petitions in recent weeks and months at the various BCIS (Bureau of Citizenship and Immigration Services) Service Centers nationwide, especially Texas and Nebraska. In some cases, approvals of petitions are taking five and six months or longer after filing date.

A number of factors and considerations have converged to create an unprecedented and difficult situation at some of the Service Centers, resulting in these delays.

1. Continuing Sheer Volume of Petitions and Work

Just a few numbers at the Texas Service Center (TSC) alone:

Two (2) physical building plants:

(one is approx. 125,000 square feet, the other is approx. 80,000 square feet)

Approx. 375,000 active pending cases

Approx. 103,000 pieces of incoming mail each week

Approx. 485 employees

Approx. 7,000,000 petitions processed last year 2002 by Immigration Service nationwide (with TSC processing almost one quarter)

Approx. 9,400,000 petitions expected to be processed this year 2003 by Immigration Service nationwide (with TSC expected to process almost one quarter)

2. New Immigration Agency "Transition"

The Homeland Security Law of 2002 created the new Department of Homeland Security and on March 01, 2003 placed the adjudications function of the old "INS" into the new BCIS. While most of the old physical offices and personnel were retained, a new management structure was put into place, new methods and processes are being developed, along with a new agency work culture. The abolition of INS and creation of the new BCIS represents the biggest change in immigration since the 1950s.

As expected the transition has been less than smooth and choas-free. It remains unclear how long this transtion will take before a more efficient system is operational.

3. New Required Security Background Checks

The events of 09-11, the War on Terror, the new Homeland Security Terror Alerts, and now the military conflict in Iraq have combined to make public security a top concern. Immigration officers face a new and significant challenge to conduct extensive and accurate security background checks on all visa petitioners and beneficiaries. This takes time. These checks are now run on everyone, not just some, which slows down the process for all. Even if a particular petitioner and beneficiary have an absolute clean record, they will still need to wait for the check on others ahead of them to be completed. Furthermore, there are various levels of security checks. One is the IBIS (Interagency Border Inspection System), another is NIIS (Non Immigrant Information System), another is the NSEERS Special Registration System. Lastly, the FBI is now required to clear all visas in their database before they are issued by the various Consulates.

While technically security checks are an enforcement function which should be done by the enforcement bureau, BCIS has been assigned this function which reportedly costs at least $10 million dollars a month from BCIS budget and about 25% of their personnel.

In short, security checks are slowing down speed of petitions.

4. New Technology and Training

New software and hardware technology was necessary for conducting some of the new security checks. One example is the fact that the old immigration software and database was not tied in anyway to local law enforcement databases or the FBI database. The technical merger of the immigration database at the Service Centers with law enforcement databases, and the re-training of officers to handle and process the law enforcement database information turned out to be a significant and time-consuming enterprise, one which the general public was largely unaware of.

5. Shifting Management Priorities for Petitions

Management at the Service Centers must continually balance their resources and staffing to address the most pressing priorities of the moment. Sometimes Congress mandates that certain cases be decided first or within a particular timeframe, without any additional funding. For example, earlier this year 2003, Congress mandated and the Administration concurred that Temporary Protected Status (TPS) cases be decided on a high priorty by the Immigration Service. Service Centers, including Texas, allocated significant time and energy with the use of assembled teams of adjudications officers to dispose of TPS petitions only, thus holding up all other petitions, including fiancee visa petitions.

Read the answer of the Texas Service Center at the Liaison meeting with the American Immigration Lawyers Association in March 2003:

Question: What is the status of TPS applications and its affect on other product lines? Were some product lines affected more than others?

Answer: We do have the dubious task of balancing limited resources to handle the diverse workload and customer groups for applications and immigration benefit. From time to time, because of filing deadlines, we have to work in a taskforce mode concentrating on workloads that have a finite deadline for completion.

Sometimes, the Service Centers have internal priorities when they decide that a particular "product line" of petitions need to be decided first. Recently, L-1 petitions at some Service Centers were placed high on the adjudications priority, and adjudicators working on other petitions were pulled and re-assigned temporarily to dispose of L-1s, thus creating a backlog of petitions in other areas.

In brief, management priorities affect speed of adjudications on any petition.

6. Financial Resources

A Service Center needs financial resources, in other words money, to fund payroll, hire, train and re-train staff, acquire new hardware and software, implement new technology, pay for rent and supplies, and otherwise cover operating costs of business. Payments made towards petition filing fees by petitioners and beneficiaries actually are forwarded to the U.S. Treasury, not the Service Center budgets.

The Congress appropriates money to the new Department of Homeland Security, the Immigration Service, and through them the Service Centers. Funding has increased by almost 4%, but much of that money has not reached the Service Centers yet. Recently, BCIS lost about $30 million in revenue from filing fees when, for technical reasons under the Homeland Security Law, all petition filing fees were reduced for a short time from January 24, 2003 to February 27, 2003. There are continuing concerns about funding for the increased projected demands on BCIS. In short, the Service Centers just need more money.

7. H1-b Work Visa Premium Processing Program

Immigration Service currently has a program called "Premium Processing" for H1-b work visa cases (Petition I-129) and other business visa petitions only. Under this program, in exchange for a government filing fee of $1000, the Service Center "warrants" that they will decide the petition in fifteen (15) calendar days, or you receive your money back. The program has been very successful, with a success rate of 97% for timely adjudication. The problem has been that because this program has such a high priority for the Service Center, the required number of adjudicators for it have lessened the number available for all other petitions, including family petitions such as the fiancee visa petition. (Please note that this program is not currently available for family petitions such as the fiancee visa petition.)

8. Some Good News, and What to Do

There indeed is some good news.

New Staff: The Service Centers have all hired new staff and after training is complete, they will eventually help the situation improve. For example, Vermont Service Center has hired 100 new adjudicators, so many that there is not physical room for all of them at the current facility and new space is being added.

Electronic Filing and Processing of Petitions: Immigration is now working to enable website visitors to the BCIS website to eventually file their petitions electronically, much the same way IRS allows electronic filing of certain tax returns. The program will start with Petitions I-90 and I-765, and expand later to petitions such as the I-129F.

Our office position is that family based petitions such as fiancee visa petitions should be really be disposed of in 30 to 60 days, no more. The petitions and supporting documents are not difficult to review and decide. For family re-unification reasons, these petitions should be given preference and priority.

Eventually and with time, we believe that the Service Centers will improve their efficiency and processing speed. Yes, we know they are slow right now, but anger, frustration and complaints will not make the Centers process any petitions faster.

As the immigration system improves, we suggest the following: 1. Be patient. 2. Continually check the status of your case online at the BCIS website (and telephone lines, when you can get through). 3. Stay informed about the unoffical Processing Time Reports of the Service Centers (many Immigration Attorney websites post these frequently) and 4. Voice your opinion where it may be constructive and helpful. Say it loud and clear and often. Contact Your Local Congressman's (or Congresswoman's) office, specifically the Immigration Liaison staff person in the office. Register your dissatisfaction with current petition processing speed and ask that legislative priority be given to more funding for immigration. Congressmen's offices record the views and opinions of constituents, and take them into account in committee hearings, fact-finding reports and ultimately votes on the floor for new legislation. No, of course money is the not the answer to everything, but it will surely mean more personnel and resources, and thus hopefully better efficiency and speed.

[MissLove 0]

We were APPROVED!!!

Holy Moly, no touches, nothing. Just an email this morning that an approval letter was sent on November 4th. November 4th, since when do they work on Sunday? Who cares, I have the email and the USCIS website was updated to reflect the same thing.

Those of you counting, USCIS received our application on June 8th and sent our NOA1 on June 11th, touched us on June 13th.... a long 5 months of nothing and then an NOA2 November 4th.