The Embassy is refusing to give us an interview! What Can we do?

[ibulp 14]

Greetings, 

We have an approved I-30 since august 2019 and was at NVC at the time and at the US Embassy at Baghdad waiting for an interview. Protestor attacked the US Embassy in Baghdad so we had to move our case to US Embassy in Ankara, Turkey instead and March 2020 Covid hits the world and ever since the Embassy in Ankara is telling us that they only schedule interview appointments for applicants who are living in Turkey.

My wife lives in Iraq but we have a tourist visa good for a year for her and contacted both Embassy and NVC multiple times but they are refusing to help.

What can I do at this point? We really need to get an interview and get done with it or I have to move back.

 

If they keep delaying it can I sue the State Department? 

 

Please advise and help and I will be willing to hire an attorney if that can help.

 

 

[JFH 12,190]

The Ankara embassy says they are processing visas for Turkish citizens and Turkish residents with a residence permit. Does your wife have a residency permit for Turkey or the possibility of getting one?

 

https://tr.usembassy.gov/visas/immigrant-visas/

I don’t see how you can sue anyone. Immigration is a privilege, not a right. It’s a mess that your case has stalled. But what would suing achieve? If the embassy is closed no visa can be issued. It’s as simple as that. 

[ibulp 14]

43 minutes ago, JFH said:

The Ankara embassy says they are processing visas for Turkish citizens and Turkish residents with a residence permit. Does your wife have a residency permit for Turkey or the possibility of getting one?

 

https://tr.usembassy.gov/visas/immigrant-visas/

I don’t see how you can sue anyone. Immigration is a privilege, not a right. It’s a mess that your case has stalled. But what would suing achieve? If the embassy is closed no visa can be issued. It’s as simple as that. 

We carry a one year visa which equivalent to one year residency permit and we as US citizen I believe my government is there to provide services for we the people and that is why we fund the government and they are not servicing my case and that is the grounds I want to sue them perhaps a judge can order them to get my case moving. 

 

[fem_femme 6]

I heard it's easy to get a Turkish residency although I don't know if it's easy for a certain countries or just about everyone. I would look into getting one to move your case forward. Good luck. My husband was stuck in a simila situation but with a diffrent scenario lol. We live in a carzy world nowadays!

[JFH 12,190]

9 hours ago, ibulp said:

We carry a one year visa which equivalent to one year residency permit and we as US citizen I believe my government is there to provide services for we the people and that is why we fund the government and they are not servicing my case and that is the grounds I want to sue them perhaps a judge can order them to get my case moving. 

 

Immigration is self-funded. 

[SusieQQQ 11,586]

Is it possible to get the case to be moved to Abu Dhabi or Doha instead, would that work for her? Or even somewhere else, that will allow her to interview, though that seems more tricky?

 

https://iq.usembassy.gov/embassy-consulates/erbil/visas/

 

The National Visa Center will reassign all immigrant visa, refugee follow-to-join, and asylee follow-to-join applications that were originally destined for U.S. Embassy Baghdad to U.S. Embassies Ankara, Abu Dhabi, or Doha.  ....

You may request that your application be transferred to a different U.S. embassy or consulate other than those in Ankara, Abu Dhabi, and Doha.  To request the transfer, directly email the U.S. embassy or consulate to which you would like your application to be transferred.  Unless you are a citizen or resident of the country in which that U.S. embassy or consulate is located, however,  your application transfer request may be refused.

Edited March 1, 2021 by SusieQQQ

[Beth & Achraf 328]

12 hours ago, ibulp said:

We carry a one year visa which equivalent to one year residency permit and we as US citizen I believe my government is there to provide services for we the people and that is why we fund the government and they are not servicing my case and that is the grounds I want to sue them perhaps a judge can order them to get my case moving. 

 

YOU are the US Citizen, she is not . Married to you don't give her any special treatment with USCIS,    You will spend more time & money trying to sue them,    it will most likely be thrown out IF it even gets there.

Try contacting your congressmen, you do pay their salary.

 

And as mentioned, USCIS is self funded, your not paying their salary.

[ibulp 14]

1 hour ago, Beth & Achraf said:

YOU are the US Citizen, she is not . Married to you don't give her any special treatment with USCIS,    You will spend more time & money trying to sue them,    it will most likely be thrown out IF it even gets there.

Try contacting your congressmen, you do pay their salary.

 

And as mentioned, USCIS is self funded, your not paying their salary.

My case is at the state department I had no issued with USCIS in fact USCIS finished and sent my case to NVC in 7 months . It is NVC and US Embassy in Ankara that I have issues with. 

[M_H 14]

19 hours ago, ibulp said:

Greetings, 

We have an approved I-30 since august 2019 and was at NVC at the time and at the US Embassy at Baghdad waiting for an interview. Protestor attacked the US Embassy in Baghdad so we had to move our case to US Embassy in Ankara, Turkey instead and March 2020 Covid hits the world and ever since the Embassy in Ankara is telling us that they only schedule interview appointments for applicants who are living in Turkey.

My wife lives in Iraq but we have a tourist visa good for a year for her and contacted both Embassy and NVC multiple times but they are refusing to help.

What can I do at this point? We really need to get an interview and get done with it or I have to move back.

 

If they keep delaying it can I sue the State Department? 

 

Please advise and help and I will be willing to hire an attorney if that can help.

 

 

If your case is moved to embassy in Ankara, Turkey, then I guess it has nothing to do with State Department... I know a couple of people waiting for Ankara for months to give out interviews but then again it’s harder to get it at the moment due to covid. A Congressman advice would be great and helpful! Good luck and hope for the best. 

[pushbrk 12,898]

7 hours ago, SusieQQQ said:

Is it possible to get the case to be moved to Abu Dhabi or Doha instead, would that work for her? Or even somewhere else, that will allow her to interview, though that seems more tricky?

 

https://iq.usembassy.gov/embassy-consulates/erbil/visas/

 

The National Visa Center will reassign all immigrant visa, refugee follow-to-join, and asylee follow-to-join applications that were originally destined for U.S. Embassy Baghdad to U.S. Embassies Ankara, Abu Dhabi, or Doha.  ....

You may request that your application be transferred to a different U.S. embassy or consulate other than those in Ankara, Abu Dhabi, and Doha.  To request the transfer, directly email the U.S. embassy or consulate to which you would like your application to be transferred.  Unless you are a citizen or resident of the country in which that U.S. embassy or consulate is located, however,  your application transfer request may be refused.

See bold above.  Somebody mentioned a Congressman.  I would see no harm in that, but recommend contacting the office of the Senior US Senator from your State instead.  Contact their local office closest to your US Residence address.  They may not be able to help.  Your "rights" have nothing to do with this.  Ask the Senator's Office for help.  Be courteous when explaining your NEED for help.

[pushbrk 12,898]

1 hour ago, M_H said:

If your case is moved to embassy in Ankara, Turkey, then I guess it has nothing to do with State Department... I know a couple of people waiting for Ankara for months to give out interviews but then again it’s harder to get it at the moment due to covid. A Congressman advice would be great and helpful! Good luck and hope for the best. 

Embassies and Consulates absolutely ARE part of the State Department, as is NVC.

 

For the OP.  You wrote "We hold..A...1 year visa..."  Perhaps you each hold a one year visa.  Correct use of that term of the visa is that a one year visa allows one or more entries during a 1 year period.  Has nothing to do with how long you are allowed to STAY.  

 

I have a Ten Year Visa for China in MY passport, but it is certainly not equivalent to residency and I'm only allowed to stay for six months at a time, maximum.  The Immigrant Visa Unit of the Consulate in Ankara would not refuse your case if you were legally residing there.

[ibulp 14]

3 minutes ago, pushbrk said:

Embassies and Consulates absolutely ARE part of the State Department, as is NVC.

 

For the OP.  You wrote "We hold..A...1 year visa..."  Perhaps you each hold a one year visa.  Correct use of that term of the visa is that a one year visa allows one or more entries during a 1 year period.  Has nothing to do with how long you are allowed to STAY.  

 

I have a Ten Year Visa for China in MY passport, but it is certainly not equivalent to residency and I'm only allowed to stay for six months at a time, maximum.  The Immigrant Visa Unit of the Consulate in Ankara would not refuse your case if you were legally residing there.

My wife holds a one year visa for Turkey for multiple entries but I'm not sure how long she can stay at a time and we are in process to apply for a Turkish residency card. My congressman contacted the Embassy and called me today they said the embassy advised them NVC is the one schedules appointments and they said they will contact NVC. 

I was told by NVC before that Embassy is the one schedules appointments and sends to NVC so we are a bit confused there. 

Pardon my ignorance in this matter but the reason I want to sue then and I know it will probably fail but have to try anyway is that because they are keep delaying this case for no reason my wife traveled to Turkey twice since she got her visa and she has no problem to be in Turkey. We were told by The embassy once if we are in Turkey for 10 days they will give us an interview and I have copies of their emails, I replied and told them we will be in Turkey for two weeks what is the appointment date and they never responded to that email. 

It is very frustrating and I have a very well paying job but I will have to lose it and move to be with my wife if they don't process our application. I'm also a former US Army translator and it will be risk on my life to be in Iraq . 

That is why I'm frustrated and stressed and seeking any legal avenue to use against them to move my case.

[pushbrk 12,898]

19 minutes ago, ibulp said:

My wife holds a one year visa for Turkey for multiple entries but I'm not sure how long she can stay at a time and we are in process to apply for a Turkish residency card. My congressman contacted the Embassy and called me today they said the embassy advised them NVC is the one schedules appointments and they said they will contact NVC. 

I was told by NVC before that Embassy is the one schedules appointments and sends to NVC so we are a bit confused there. 

Pardon my ignorance in this matter but the reason I want to sue then and I know it will probably fail but have to try anyway is that because they are keep delaying this case for no reason my wife traveled to Turkey twice since she got her visa and she has no problem to be in Turkey. We were told by The embassy once if we are in Turkey for 10 days they will give us an interview and I have copies of their emails, I replied and told them we will be in Turkey for two weeks what is the appointment date and they never responded to that email. 

It is very frustrating and I have a very well paying job but I will have to lose it and move to be with my wife if they don't process our application. I'm also a former US Army translator and it will be risk on my life to be in Iraq . 

That is why I'm frustrated and stressed and seeking any legal avenue to use against them to move my case.

You're "whys" are understandable but a law suit will not work.  Actually, the Consular IV unit sends available dates to NVC, which NVC uses to assign interview dates.  If NVC transferred your case to Ankara, then you should be in the queue as of the date of transfer.  Will be interesting to see what your Congressman's office finds out from NVC.  Sounds to me like you might qualify for an expedited interview appointment, but lots of people waiting a long time now, due to COVID 19 related closures.

[ibulp 14]

10 minutes ago, pushbrk said:

You're "whys" are understandable but a law suit will not work.  Actually, the Consular IV unit sends available dates to NVC, which NVC uses to assign interview dates.  If NVC transferred your case to Ankara, then you should be in the queue as of the date of transfer.  Will be interesting to see what your Congressman's office finds out from NVC.  Sounds to me like you might qualify for an expedited interview appointment, but lots of people waiting a long time now, due to COVID 19 related closures.

The office of Van Taylor has been very helpful and helping out they gave me lot of hope today and stated to me that will be working on it. 

I will keep this thread updated as they reach out to me fingers are crossed. 

 

[pablo2752 106]

Sorry about your situation, but what would the basis of your lawsuit be?

Edited March 2, 2021 by pablo2752