IR5 and Moscow Embassy not Processing Visas

[Anggva 22]

Hello everyone,

 

I filed I-130 for my mom last July. It got processed, sent to NVC, and we submitted DS-260 back in December. On January 6 the status in CEAC changed to "All required applicant documents have been received and approved". We've been expecting that she would eventually get an interview appointment scheduled, but then politics happened and now the US Embassy in Russia can't employ any Russian citizens, so they significantly reduced the services they provide. Now they only process immigration visas in life or death situations. So I'm in a bit of a loss on what to do next.

 

As far as I could gather, our options are: 

1. Wait and see what happens. This is a bad option for us since we want to bring my younger sister in after my mom gets her green card. My sister is 17 now and waiting could mean that she would simply age out before my mom could move here and apply for her.

2. Get an immigration visa interview in a different country. I sent a message to DoS through the form online, asking if this is even possible, but haven't received any response yet. I'm not sure who else I could reach out to or is that even an option.

3. My mom still has a valid tourist visa, so we could try to have her fly here and apply for adjustment of status from here. I don't particularly like this option because there's a risk that she will be stopped on the border since she has a pending DS-260, and even if she is allowed to enter the country, we will likely have to start the whole process over, losing time again.

 

I would appreciate if anyone could share their thoughts on this situation, and let me know if you have any good suggestions on what to do here because I'm not sure how to proceed.

[Crazy Cat 41,884]

1.  This might be your only option.

2.  I would certainly investigate this under the current circumstances. Generally, applicants have resident status where they interview, but you might be able to arrange something due to current circumstances.   Let us know what you find.

3.  Mark #3 off your list.  That is visa fraud.  It is not lawful to enter the US via a tourist visa with the intent to stay and adjust status. 

Edited May 6, 2021 by Lucky Cat

[millefleur 5,046]

1 hour ago, Anggva said:

1. Wait and see what happens. This is a bad option for us since we want to bring my younger sister in after my mom gets her green card. My sister is 17 now and waiting could mean that she would simply age out before my mom could move here and apply for her.

If there's a risk of aging out, the Moscow Embassy said they are actually prioritizing those cases for processing. I would contact them directly about it. Emphasize the aging out risk.

 

1 hour ago, Anggva said:

2. Get an immigration visa interview in a different country. I sent a message to DoS through the form online, asking if this is even possible, but haven't received any response yet. I'm not sure who else I could reach out to or is that even an option.

Also a good choice. Since the Moscow Embassy is effectively shut down until further notice, I view this as a green light to "consulate shop" for other options in other countries. It is not the applicant's fault that Moscow cannot process, so the reason is legitimate.

 

1 hour ago, Anggva said:

3. My mom still has a valid tourist visa, so we could try to have her fly here and apply for adjustment of status from here. I don't particularly like this option because there's a risk that she will be stopped on the border since she has a pending DS-260, and even if she is allowed to enter the country, we will likely have to start the whole process over, losing time again.

Like @Lucky Cat mentioned, this is considered immigration fraud/abuse of tourist visa. Entering on a tourist visa with intent to adjust is fraud and the fact that there's a pending immigrant application will just make it more obvious. Consider the above 2 options as there is very likely a path in both of those, for the sister and the mother.

 

[SusieQQQ 11,586]

24 minutes ago, millefleur said:

If there's a risk of aging out, the Moscow Embassy said they are actually prioritizing those cases for processing. I would contact them directly about it. Emphasize the aging out risk.

 

Also a good choice. Since the Moscow Embassy is effectively shut down until further notice, I view this as a green light to "consulate shop" for other options in other countries. It is not the applicant's fault that Moscow cannot process, so the reason is legitimate.

 

 

 

1. The problem is that the person who might age out is not actually a beneficiary in this petition, but someone who will have a petition filed for them once this beneficiary gets a green card - imo that is too convoluted and too contingent to qualify for the exception, especially as a GC holder can still file a petition for an over 21 son or daughter, it just takes longer.

 

2. While I agree that consulate shopping makes sense and the delay is not her fault, there are too many other situations around the world that show this is not necessarily a reason for it to actually happen. Example Ankara which is actually a designated embassy for Iranians, yet (prior to the recent lockdown when they closed completely) said it would only issue visas to Turkish citizens and residents. I am sure that other embassies will also prefer to deal with own country resident backlogs first. So by all means go ahead and try - but I don't think this will be successful any time soon.

OP: by the way, in my understanding consulate shopping means you need to contact each potential embassy directly and ask them if they can process the case. DoS is not going to do it for you.

 

Another factor is that if this petition was only DQ'd in January, there are at least 9 months of IR5 DQ cases ahead of this one in line that could not process after the Trump ban. I am not so sure this would be given preference over those. I know this is not what OP wants to hear, but I think the most realistic expectation is a long wait.

 

 

Edited May 6, 2021 by SusieQQQ

[millefleur 5,046]

11 minutes ago, SusieQQQ said:

2. While I agree that consulate shopping makes sense and the delay is not her fault, there are too many other situations around the world that show this is not necessarily a reason for it to actually happen. Example Ankara which is actually a designated embassy for Iranians, yet (prior to the recent lockdown when they closed) said it would only issue visas to Turkish citizens and residents. I am sure that other embassies will also prefer to deal with own country resident backlogs first. So by all means go ahead and try - but I don't think this will be successful any time soon.

The situation with the Moscow Embassy just got uniquely bad for political reasons and extreme staffing restrictions as of May 12th, effectively closing the Embassy to everyone, including US Citizen Services:

https://ru.usembassy.gov/visas/

 

Effective May 12, U.S. Embassy Moscow will no longer offer any non-diplomatic nonimmigrant visa services due to the Russian government’s April 23 notification prohibiting the U.S. Embassy Russia from employing foreign nationals in any capacity.  A very limited number of immigrant visa applications will be processed in life-or-death emergencies, and age-out cases.  Immigrant visa applicants who meet these criteria should contact the National Visa Center to request an expedited appointment.  We regret that the actions of the Russian government forced us to reduce the consular work force by 75%, thus making it impossible for our office to continue offering visa services.  Consular services at the U.S. Consulates in Yekaterinburg and Vladivostok remain in suspended status.

 

I think because this is a sudden and  drastic change that applicants should consider moving to other consulates or at least contacting them to see if there's an option.

Edited May 6, 2021 by millefleur

[SusieQQQ 11,586]

17 minutes ago, millefleur said:

The situation with the Moscow Embassy just got uniquely bad for political reasons and extreme staffing restrictions as of May 12th, effectively closing the Embassy to everyone, including US Citizen Services:

https://ru.usembassy.gov/visas/

 

Effective May 12, U.S. Embassy Moscow will no longer offer any non-diplomatic nonimmigrant visa services due to the Russian government’s April 23 notification prohibiting the U.S. Embassy Russia from employing foreign nationals in any capacity.  A very limited number of immigrant visa applications will be processed in life-or-death emergencies, and age-out cases.  Immigrant visa applicants who meet these criteria should contact the National Visa Center to request an expedited appointment.  We regret that the actions of the Russian government forced us to reduce the consular work force by 75%, thus making it impossible for our office to continue offering visa services.  Consular services at the U.S. Consulates in Yekaterinburg and Vladivostok remain in suspended status.

 

I think because this is a sudden and  drastic change that applicants should consider moving to other consulates or at least contacting them to see if there's an option.

I didn't say that they couldn't try do it - just that i didn't hold high hopes of success in the current global situation. Ankara was used as an example because Iran is in an even worse political situation with no embassy at all and the embassy that is officially designated to process most iranians is now refusing to deal with them.

 

Not that it's relevant here but I don't see the extract above saying they are not offering USCs any services, is it elsewhere?

 

Edited May 6, 2021 by SusieQQQ

[millefleur 5,046]

Just now, SusieQQQ said:

Not that it's relevant here but I don't see the extract above saying they are not offering USCs any services, is it elsewhere?

Yes, they sent it in an email to all USC's on the mailing list. It's also on their website under US Citizen Services: https://ru.usembassy.gov/u-s-citizen-services/

[SusieQQQ 11,586]

15 minutes ago, millefleur said:

Yes, they sent it in an email to all USC's on the mailing list. It's also on their website under US Citizen Services: https://ru.usembassy.gov/u-s-citizen-services/

Luckily for USCs any consulate will basically take them if they have the capacity for the services required. Again I wish OP well but realistically I don't see anything happening any time soon. I would hope that if they are successful in finding a consulate willing to take them they update the thread.

[millefleur 5,046]

3 minutes ago, SusieQQQ said:

Luckily for USCs any consulate will basically take them if they have the capacity for the services required. Again I wish OP well but realistically I don't see anything happening any time soon. I would hope that if they are successful in finding a consulate willing to take them they update the thread.

Many have been successful with transfers to Warsaw. I suggest the OP head over to the RUB forum and there are ongoing discussions on the matter there:

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

[SusieQQQ 11,586]

Good news, I hope the Russian DV winners who have less than 5 months left to get a visa or lose the opportunity entirely are aware of that too.

[SalishSea 17,833]

13 hours ago, Anggva said:

My mom still has a valid tourist visa, so we could try to have her fly here and apply for adjustment of status from here.

This is immigration fraud.  Don't do it.

[SalishSea 17,833]

12 hours ago, millefleur said:

13 hours ago, Anggva said:

1. Wait and see what happens. This is a bad option for us since we want to bring my younger sister in after my mom gets her green card. My sister is 17 now and waiting could mean that she would simply age out before my mom could move here and apply for her.

If there's a risk of aging out, the Moscow Embassy said they are actually prioritizing those cases for processing. I would contact them directly about it. Emphasize the aging out risk.

 

Doubt this would work in this situation; why would they make special accommodations for someone who isn't even yet a beneficiary of a petition?

[Anggva 22]

20 hours ago, millefleur said:

If there's a risk of aging out, the Moscow Embassy said they are actually prioritizing those cases for processing. I would contact them directly about it. Emphasize the aging out risk.

 

Also a good choice. Since the Moscow Embassy is effectively shut down until further notice, I view this as a green light to "consulate shop" for other options in other countries. It is not the applicant's fault that Moscow cannot process, so the reason is legitimate.

 

Like @Lucky Cat mentioned, this is considered immigration fraud/abuse of tourist visa. Entering on a tourist visa with intent to adjust is fraud and the fact that there's a pending immigrant application will just make it more obvious. Consider the above 2 options as there is very likely a path in both of those, for the sister and the mother.

 

 

21 hours ago, Lucky Cat said:

1.  This might be your only option.

2.  I would certainly investigate this under the current circumstances. Generally, applicants have resident status where they interview, but you might be able to arrange something due to current circumstances.   Let us know what you find.

3.  Mark #3 off your list.  That is visa fraud.  It is not lawful to enter the US via a tourist visa with the intent to stay and adjust status. 

The wait is not a good option because the person who would age out is my sister and she doesn't have a petition filed for her yet. I'm not sure they would take a potential applicant into consideration like that. So I'll go see what I can do about getting an interview at another embassy. I already emailed Moscow Embassy to see if they have any recommendations.

 

Do you guys know if there's a DoS or USCIS resource that explains the visa fraud part? I understand that #3 is a bad idea, but I have some relatives who hadn't dealt with immigration in years, and they have this cowboy attitude of "just enter on a tourist visa you'll be fine". It would really help to have an official resource with an explanation of why this is not a good idea. 

 

18 hours ago, millefleur said:

Many have been successful with transfers to Warsaw. I suggest the OP head over to the RUB forum and there are ongoing discussions on the matter there:

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

Thanks for the link, I'll definitely check that forum out.

[SusieQQQ 11,586]

Look up section 214b of the INA. It can be used to either deny a visa being issued, or deny entry to the US on an existing tourist visa, because immigrant intent is not allowed on a tourist (or other non immigrant) visa. How would your mom react to being refused entry to the US because CBP figures out she’s planning to stay and adjust, would she handle it well or would she freak out at being held at the airport till the next flight back? Bearing in mind her tourist visa will almost certainly be voided as well if she is refused entry?

[rpk519@gmail.com 3]

what is the process to transfer the case to other consulates ..i am in same boat for family immigration ..