IR5 and Moscow Embassy not Processing Visas

[SusieQQQ 11,586]

59 minutes ago, rpk519@gmail.com said:

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

 

22 hours ago, SusieQQQ said:

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.

 

 

[SteveInBostonI130 3,434]

23 hours ago, Anggva said:

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.

 

Hello,

 

Moscow embassy has been closed for a while now, about a year.  The closures/reductions started with Yekaterinburg and Saint Petersburg a couple years ago.  Covid just complicated matters to extremes.

 

There is a large post in the RUB subforum discussing the Moscow Embassy situation and success/failures to transfer to other embassies:

 

 

Warsaw or Almaty might be able to handle your mom's IR5 case.  Email the consulate directly.  For Warsaw, your mom needs either a Schengen or Polish visa to visit:

 

Quote

All IV and DV applicants who reside in Poland have to register with the GSS service and choose their visa pick-up option before coming to the Embassy.  Please note that we will not be able to accept your visa applications and supporting documents without the proof of your registration (your UID confirmation number).  For registration and selection of your visa pick-up option, please visit www.ustraveldocs.com/pl or call the information line at +48 22 307 1361 in Poland or (703) 988 7101 in the United States.  Visas for residents of Poland are returned to applicants by UPS courier service after they register at http://www.ustraveldocs.com/pl/.  You can choose either Premium Delivery (for an additional 36.90 PLN, paid directly to the UPS courier upon delivery to your home or office) or, at no additional charge, you may select a Mail Boxes Etc. (MBE) pick-up location before you come for your interview.

 

The courier delivery option is not available to residents of Belarus. Therefore they do not have to register with the GSS system (except for fiancé visa applicants). Their immigrant visas will be ready for pick-up at the Embassy the next afternoon.

 

We encourage applicants not to finalize travel plans until they receive their visa and documents from the Embassy. The visa packet is a sealed big envelope containing documents, with the visa information printout attached to it. Please do not open the visa packet.  Applicants undergoing the new electronic process will receive only their passport with a visa in it.  Instead of an envelope containing paper documents, they will have an annotation on the visa “All Docs in CCD” indicating that all their documents are available to immigration services in electronic form.

 

Special Notice for Applicants from Outside Poland: 

Immigrant visa applicants from countries that need visas to enter Poland should contact Polish consular posts in their home countries at their earliest convenience and inquire about current procedures and time frames for processing applications for Polish visas.  Please bear in mind that applying for an immigrant visa at our post will require at least one trip to Poland, and in some cases multiple trips to the Embassy in Warsaw.  Please also be aware that technical and procedural concerns may require a stay longer than the normal two days in Poland to complete processing of your case.  You should plan accordingly when applying for a Polish visa.

 

See also:

 

https://www.ustraveldocs.com/pl/non-polish-applicants

 

 

[SteveInBostonI130 3,434]

EDIT:

 

It seems Warsaw only handles Belarussian foreign applicants according to the FAQ page.  I would suggest the OP to still contact the embassy at "publicwaw@state.gov" to see if her mom can interview there.

 

https://pl.usembassy.gov/visas/immigrant-visas/frequently-asked-questions-iv/

  

 

[millefleur 5,046]

6 minutes ago, SteveInBostonI130 said:

EDIT:

 

It seems Warsaw only handles Belarussian foreign applicants according to the FAQ page.  I would suggest the OP to still contact the embassy at "publicwaw@state.gov" to see if her mom can interview there.

 

https://pl.usembassy.gov/visas/immigrant-visas/frequently-asked-questions-iv/

 

Yes and no. Belarus does not have an embassy, so if you're Belarussian your case goes to Warsaw by default. Warsaw has been taking Russian applicants by special request but you must contact them directly first, it will not get automatically forwarded there like in the case of Belarussians.

[millefleur 5,046]

2 hours ago, Anggva said:

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. 

Adjustment of status exists for people who change their mind/decide to adjust after the fact, when they're already in the US and have to change status for some unforeseen circumstance. The idea is that when the person first entered the US, they were coming to stay temporarily and then during their temporary stay, circumstances changed and then they had to adjust. For example, if your mom were visiting you, she was already in the US right now and all of this news with Moscow embassy broke, she could stay and adjust based on that new information which had changed the plan.

 

The fraud part is that it's basically lying to use a non-immigrant visa with planned immigration purposes. CBP asks you what your reason for coming to the US is. If the visa holder lies and says "Oh I'm just visiting" when in reality they 100% plan to stay and adjust, that's the fraud part - it's a lie. Also, I'm fairly new to immigration so I don't know what the laws were 10 or 20 years ago. It's possible that back then, things were more fast and loose and you could just come and go and adjust as you pleased. It's certainly not like that now. If you'd like to hear it from a pro, you can probably get a free consultation with an immigration lawyer and they will corroborate what is said here about fraud.

[millefleur 5,046]

Just wanted to update that, at least according to others on VJ, Warsaw is actively taking cases for Russians/others waiting for the Moscow Embassy, see this update from today in another thread here: