Even with “Muslim Ban” gone, DS-5535 & 221(g) are disproportionally impacting Middle Eastern applicants

[FromLebanon 6]

And it’s such a heartbreaking shame. I know the new administration said they were going to review the procedure, but this form is being passed out like candy, which in my opinion, isn’t the problem. The problem is the fact I’ve seen applicants wait upwards of 5 years to get this “clearance.”
 

This should not be the black hole that it is. I completely respect national security concerns, but I’m sure their Mandamus lawsuit count and their email inbox would appreciate a little more clarity to those who are quite literally putting their lives on hold.
 

Just my thoughts. 
 

-A 6-month & counting Victim of DS-5535

Edited March 28, 2022 by FromLebanon
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[Boiler 45,499]

WoM would be the only option I can think of.

[JeanneAdil 6,505]

WOM is costly and forcing the embassy to make a decision can result in a denial 

 

many of us go thru NOIR or NOID where the embassy sends case back to USA (6 months later the USC hears about the issues)

then we get to either send in proof that the CO is wrong and supply evidence to support it (real evidence) 

the response is reviewed and if lucky the case is sent back to embassy /

mine was an appeal (took over a year and i won but i was told i could reapply )  So another over 2 years 

 

and more NOIR and NOID's are handed out than ds5535 's and can take just as long or longer

 

so, if u pass this part of the process and all is clear,  expect to do a new medical and hopefully approved 

good luck to u 

[FromLebanon 6]

We shouldn’t have to literally sue the government to get them to do their jobs though. If we have time limits we have to abide by, then so should they. 
 

Also, I find it very ironic that if say an applicant had bad intentions, the fact it could take YEARS to process DS-5535/security clearance, what’s to stop that person from involving themselves in new bad activities not on that form? People can change the entire course of their lives waiting for that form to clear which completely defeats the purpose. 

[SalishSea 17,829]

41 minutes ago, FromLebanon said:

We shouldn’t have to literally sue the government to get them to do their jobs though. If we have time limits we have to abide by, then so should they. 
 

Also, I find it very ironic that if say an applicant had bad intentions, the fact it could take YEARS to process DS-5535/security clearance, what’s to stop that person from involving themselves in new bad activities not on that form? People can change the entire course of their lives waiting for that form to clear which completely defeats the purpose. 

Last minute background checks are completed on all visa applicants, regardless of D-5535 status.

[Joyce H 0]

I see posts from people applying for K1 visa and it seems this is taking a ridiculous amount of time, what about H1b?

I am wondering if they have a different timeline for H1b because no one is going to a hold a job for someone if it takes more than a few months for clearance.  it kind of defeats the purpose of having USCIS approve the H1b petition and then telling the consulate tells the candidate they have to wait years to be cleared. 

I am Lebanese, H1b and I happen not to be muslim   for that matter 

[FromLebanon 6]

USCIS and the State Department are not on the same page at all. Just consider all the Diversity Visa winners who literally were not allowed to schedule their appointments the last 2 years, thus losing the visa. I’ve seen H1B applicants also take many months/years to complete 221(g) processing as well. Many jobs lost due to this. 
 

We’re also not Muslim yet here we are, 7 months (217 days) and counting in Administrative Processing. 
 

Wishing everyone the best. 

[SalishSea 17,829]

On 3/28/2022 at 3:46 PM, FromLebanon said:

And it’s such a heartbreaking shame. I know the new administration said they were going to review the procedure, but this form is being passed out like candy, which in my opinion, isn’t the problem. The problem is the fact I’ve seen applicants wait upwards of 5 years to get this “clearance.”
 

This should not be the black hole that it is. I completely respect national security concerns, but I’m sure their Mandamus lawsuit count and their email inbox would appreciate a little more clarity to those who are quite literally putting their lives on hold.
 

Just my thoughts. 
 

-A 6-month & counting Victim of DS-5535

The extra vetting has been the reality ever since the San Bernardino terrorists.

[FromLebanon 6]

I do want to clarify. At no point did I say a fully thorough background check is not needed National security should still be number 1 priority, but some of these checks are taking years with no guidance to the families involved and that’s very tough. The least they can do is provide an estimated processing time like everything else of this nature. 

[ALI ABD 0]

On 5/29/2022 at 4:50 PM, FromLebanon said:

I do want to clarify. At no point did I say a fully thorough background check is not needed National security should still be number 1 priority, but some of these checks are taking years with no guidance to the families involved and that’s very tough. The least they can do is provide an estimated processing time like everything else of this nature. 

hi any update did u get ur visa?