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Posted

Hello everyone,

I am wondering if any of you here crossed as a tourist to the US after being DQ and waiting for the interview?

It seems many comments in the 1-30 saying they crossed as tourists until they got the green card, but double-checking here if there is a difference with EB?
 

I am Canadian, living in Canada, just DQed for an EB-1 and starting the long wait for the interview. 
I had planned to go to California as a tourist trip this winter for a couple of weeks.

Thank you!

Posted
7 hours ago, sapkde9 said:

@Canadian24 Mine is a similar case to yours with DQ being May 24 and did travel to Chicago couple of weeks back.  No issues at all !  They just asked the purpose of visit and duration.  Just that I drove across.

Would it cause any issues during the time of the interview? Would they ask about these visits to the US? Or put someone in Admin Processing just because they travelled to US after being DQed?

Posted
49 minutes ago, canadian85 said:

Anyone experienced this?

No one really knows why they tag an individual for further processing. Most of the times it’s a system prompt although the VO has discretion even if the system does not prompt. That being said there is no issue travelling to the US when DQd. At the interview they will ask you about your recent visit to the US, what was the longest time you stayed, purpose of the visit. Also CBP can ask you on purpose of visit. In my case I travelled to US for 2 weeks just to get my TN renewed from within US rather than at the border. There were no issues with CBP/USCIS and interview. They also ask you at the interview if you have ever been denied entry or visa refused. I was refused entry once on my initial TN entry for a missing document and I informed the VO about the same. My Initial TN was eventually approved when I went back with that document. I did provide specifics about date and land border of that incident. 

Posted
1 hour ago, canadian85 said:

Anyone experienced this?

Yeah. I think also its all to do with how many times you are going and how long you stay. I also would make sure you have a return ticket booked. Otherwise it can arouse unnecessary suspicion. 

 

If you go once or twice for a week vacation. No big deal. If you travel down every week and call that vacations. Probably going to raise some red flags. 

 

We have a friends wedding at the end of Aug. So going to bring the invite. The hotel reservation for where we are staying and our return ticket. I dont anticipate any issues. If they were to ask any further questions. You can mention as you are consular processing you have to leave the US for the interview. So therefore have no intention of staying. 

Filed: EB-2 Visa Country: Canada
Timeline
Posted (edited)
On 5/27/2024 at 8:44 AM, Leo The Great said:

You may check following forum to get estimates of AP processing time with DS-5535 + Resume. There is a backlog of 61000 still awaiting clearance

There is a wait time of around few months to more than a year for AP clearance contrary to what CO told you (best case scenario) during the interview. It is not in their control because AP is done in DC.

 

     Thank you for introducing that forum and sorry for my late reply. I do not check out this forum regularly. The officer told me that the additional info. and documents would be reviewed at that Consulate. Given that, I thought that our case is "Pending Documentation" rather than "administrative processing", and was optimistic to hear back within two months; however, I have not heard back yet after almost five months. Hope it wont take years, if you check my timeline, my case took the longest (more than 900 days) from DQ to Interview compared to others on the google spreadsheet!

Edited by Matt77
Filed: EB-2 Visa Country: Canada
Timeline
Posted (edited)
On 5/27/2024 at 12:46 PM, AnnaSalu said:

 

Thanks for sharing and sorry to hear about the delay. Hope it comes to a conclusion soon!

Thank you and sorry for the late reply! I hope so!

 

So far, I had the longest wait time from DQ to interview (976 days) and now is waiting for AP!!! Since 2022, prior to the interview, I have followed up with NVC and Montreal Consulate more than 10 times until my interview. They never provided a clear response, and I believe my follow ups did not change anything. My EB-2 NIW submitted in April 2020, if I knew that it would take for such a long time, I never ever applied for EB-2 NIW!!! I was travelling to the US frequently for work prior to the interview, after that, the CBP denied my entry to the US due to this in-limbo situation and it cost my job!!!

Edited by Matt77
Posted

  

13 hours ago, Matt77 said:

Thank you and sorry for the late reply! I hope so!

 

So far, I had the longest wait time from DQ to interview (976 days) and now is waiting for AP!!! Since 2022, prior to the interview, I have followed up with NVC and Montreal Consulate more than 10 times until my interview. They never provided a clear response, and I believe my follow ups did not change anything. My EB-2 NIW submitted in April 2020, if I knew that it would take for such a long time, I never ever applied for EB-2 NIW!!! I was travelling to the US frequently for work prior to the interview, after that, the CBP denied my entry to the US due to this in-limbo situation and it cost my job!!!

Just to confirm, you had a TN visa @Matt77? and you were denied entry at the land border (or was it airport) after you got AP'ed? If so, may I ask which one?

Posted

Hello everyone,

I've been going through several posts and I'm a bit confused. Currently, I'm in Administrative Processing for EB2-NIW. I wanted to ask if it's permissible to travel to the US by car?

I've gathered that flying to the US with a return ticket is not an issue, but I'm uncertain about driving there instead.

Filed: EB-2 Visa Country: Canada
Timeline
Posted (edited)
On 7/17/2024 at 10:45 AM, EternalWait said:

  

Just to confirm, you had a TN visa @Matt77? and you were denied entry at the land border (or was it airport) after you got AP'ed? If so, may I ask which one?

Yes I had a TN visa and after the interview, when AP'ed, was denied at the airport! Prior to the interview, never faced any denial. It was the first time that I was denied at the border and a form was given, based on that, the denial was due to the unfinalized case.

Edited by Matt77
Filed: EB-2 Visa Country: Canada
Timeline
Posted
On 7/17/2024 at 11:56 AM, Adam RS said:

Hello everyone,

I've been going through several posts and I'm a bit confused. Currently, I'm in Administrative Processing for EB2-NIW. I wanted to ask if it's permissible to travel to the US by car?

I've gathered that flying to the US with a return ticket is not an issue, but I'm uncertain about driving there instead.

I was in AP, and denied at the airport by CBP.

 
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