IR5 - One Parent Visa is being delayed

[Remix 1]

Hi!

 

I was wondering if anyone faced with a similar situation. 

 

I am a sponsor for IR5 visas for both my parents. The petitions were approved. The interviews were conducted at the US Embassy in Warsaw, Poland. The interview went fine; however, the officer requested additional information. We sent everything requested in the next two days. Initially, my parents understood that both their application are subject to administrative review. However, after submitting all the information, we've learned that only my dad's application is. Although my mother's application requires no additional information or  documents, the consular officer refuses to grant her a visa until my dad's administrative proceeding is complete. 

 

I find it a little odd (perhaps, not proper?) given that we submitted separate petitions, applications, fees, AOS etc. Why would my mother's visa has be withheld because of my dad's admin review if both of them are independent applicants? Curious if anything has any insight. We've been trying to expedite their visas for many months, and having another delay is just beyond frustration. I have a newborn at home and need to undergo a medical procedure asap, and having at least one of my parents around helping with the baby will be a huge help. I tried to write to them, but the US Embassy in Warsaw refuses to grant my mom's visa until my dad's admin review is complete. 

 

 

[Crazy Cat 41,984]

9 minutes ago, Remix said:

Why would my mother's visa has be withheld because of my dad's admin review if both of them are independent applicants?

Did you request they both be interviewed together?  Most people would want them to be issued together.  What if only one is denied? (unlikely, but possible)

Edited January 12, 2023 by Crazy Cat

[Remix 1]

We never requested them to be interviewed together. That is how the Embassy scheduled their interviews, which was the same day. 

[SalishSea 17,970]

8 minutes ago, Remix said:

Hi!

 

I was wondering if anyone faced with a similar situation. 

 

I am a sponsor for IR5 visas for both my parents. The petitions were approved. The interviews were conducted at the US Embassy in Warsaw, Poland. The interview went fine; however, the officer requested additional information. We sent everything requested in the next two days. Initially, my parents understood that both their application are subject to administrative review. However, after submitting all the information, we've learned that only my dad's application is. Although my mother's application requires no additional information or  documents, the consular officer refuses to grant her a visa until my dad's administrative proceeding is complete. 

 

I find it a little odd (perhaps, not proper?) given that we submitted separate petitions, applications, fees, AOS etc. Why would my mother's visa has be withheld because of my dad's admin review if both of them are independent applicants? Curious if anything has any insight. We've been trying to expedite their visas for many months, and having another delay is just beyond frustration. I have a newborn at home and need to undergo a medical procedure asap, and having at least one of my parents around helping with the baby will be a huge help. I tried to write to them, but the US Embassy in Warsaw refuses to grant my mom's visa until my dad's admin review is complete. 

 

 

I have never heard of an approvable visa not be approved because another family member's is not approved.  Even though they are married, they are separate applications.

 

Expedite requests are not considered when an application is in AP.  To me it sounds like they are both in AP.  Unfortunately, needing help with a new baby is not going to impact it one way or the other.

[Remix 1]

1 minute ago, Jorgedig said:

To me it sounds like they are both in AP.

I've been having back and forth with them. The US Embassy confirmed in writing that my mother's application is not subject to admin review that is why I find the whole delay is strange. When we submitted additional information, we did it separately for my mom and for my dad. Interestingly for mom, they wrote back saying they do not need it. When I sought clarification why, they wrote back confirming that only my dad's application is subject to admin review; however, my mom's visa will not be issued until admin review of my dad's application is complete. 

[Crazy Cat 41,984]

Administrative review or administrative processing?  Maybe they expect it to be short term review.

Edited January 13, 2023 by Crazy Cat

[Remix 1]

2 minutes ago, Crazy Cat said:

Administrative review or administrative processing

i'm sorry. Administrative Processing. My understanding is that it takes months if not years.

[Crazy Cat 41,984]

Just now, Remix said:

i'm sorry. Administrative Processing. My understanding is that it takes months if not years.

All cases go through some form of AP.  It could be days, weeks, months....  I can't see them delaying her visa if they thought his AP was going to take months or years.

[Remix 1]

1 minute ago, Crazy Cat said:

All cases go through some form of AP.  It could be days, weeks, months....  I can't see them delaying her visa if they thought his AP was going to take months or years.

I'd like to believe that but unfortunately it's been already a month since I've received confirmation from the Embassy stating that my dad's application is in administrative processing. In the same email, the Embassy also wrote to me that "Please be aware that it may take up to several months to complete." That makes me worry about my mom's visa .... and that it could be delayed for months to come.

[Remix 1]

Does anyone know of any options to raise this issue to somewhere that oversees embassy work? 

[SalishSea 17,970]

18 minutes ago, Remix said:

Does anyone know of any options to raise this issue to somewhere that oversees embassy work? 

No.  Consular officers have full discretion with their decisions, and senators, etc cannot interfere with them.  Administrative processing is completely normal; every case goes through it, some faster than others.

 

What makes you think it will take months or years?  Could be a matter of days.

 

Are there any red flags?  Are your parents Russian?

[SalishSea 17,970]

44 minutes ago, Remix said:

I'd like to believe that but unfortunately it's been already a month since I've received confirmation from the Embassy stating that my dad's application is in administrative processing. In the same email, the Embassy also wrote to me that "Please be aware that it may take up to several months to complete." That makes me worry about my mom's visa .... and that it could be delayed for months to come.

It's only been a month since the interview.  That is really not long for AP,  especially considering that there were several holidays for embassy staff during that month.

 

I think you need to be a bit more patient and give them time to complete the AP.  You really have no other option.

[Remix 1]

1 hour ago, Jorgedig said:

Are there any red flags?  Are your parents Russian?

I don't really know what could be the basis of the AP or what red flags could be. Both my parents were issued a US visitor visa on 3 separate occasions in the past (always granted without any AP). Both traveled to the US at least 5 times (together and separately) in the last 10 years, never overstayed their visas. They are Russian citizens. Both retired.

 

I am not really looking to expedite my dad's admin review.  My concern is whether their withholding my mom's visa is really proper here when her case is complete and not subject to AP.  They explicitly confirmed to me that her case is not subject to AP. 

 

 

[Boiler 45,733]

I have seen this before, not sure why it happens.

[SalishSea 17,970]

59 minutes ago, Remix said:

I don't really know what could be the basis of the AP or what red flags could be. Both my parents were issued a US visitor visa on 3 separate occasions in the past (always granted without any AP). Both traveled to the US at least 5 times (together and separately) in the last 10 years, never overstayed their visas. They are Russian citizens. Both retired.

 

I am not really looking to expedite my dad's admin review.  My concern is whether their withholding my mom's visa is really proper here when her case is complete and not subject to AP.  They explicitly confirmed to me that her case is not subject to AP. 

 

 

The geopolitical situation has changed since they had their visitor visas   The vetting/background checks for immigrant visas is not the same as for B visas.

 

Depending on what his professional background was, they could be looking into that.   Did they give him a form 5535 questionnaire?