IR1 Interview - AP

[zeerabiscuit 0]

For those who have had their IR1 Interviews and are in AP

[zeerabiscuit 0]

Hi folks -- my husband had his IR1 interview on March 13th at Islamabad embassy and they said congratulations we're issuing you the visa. They took his passport and told him it would take 3-4 weeks to return it back to him. It's now been 7 weeks and we have not received anything. I put in an inquiry and this is what it said: 

Dear Sir/Madam,

Thank you for writing to our office. Your immigrant visa case is going through administrative processing, an integral part of the visa adjudication and issuance process that can neither be expedited nor waived. Unfortunately, it is difficult to predict the amount of time the processing will take and timing varies based on the individual circumstances of each case. 

Please be assured that we are aware of your concerns and will process the application to completion as quickly as possible, in accordance with U.S. laws. We recognize that this process can be frustrating for applicants and regret any inconvenience. The visa application will be reconsidered when administrative processing is complete.

 

I'm freaking out. Anyone been in this experience?? Any advice?? 

[powerpuff 6,744]

A ton of people have experienced this. Applicants from Pakistan go through extensive AP due to poor record keeping in the country. Nothing you can do but wait - it can take weeks or months, or sometimes more.

[zeerabiscuit 0]

7 minutes ago, powerpuff said:

A ton of people have experienced this. Applicants from Pakistan go through extensive AP due to poor record keeping in the country. Nothing you can do but wait - it can take weeks or months, or sometimes more.

uggggh what a nightmare and mental torture. 😰 is it worth putting in more inquiries or like reaching out to a congressman/lawyer? 

[powerpuff 6,744]

7 minutes ago, zeerabiscuit said:

putting in more inquiries or like reaching out to a congressman

Not very effective in these situations. They respond with generic replies

 

7 minutes ago, zeerabiscuit said:

lawyer? 

Maybe if you decide with to file a writ of mandamus and take the case to federal court to force a decision. 

Edited May 4, 2023 by powerpuff

[JeanneAdil 6,581]

HIt the word portal on main page and read past posts from your country on the subject of AP

[beloved_dingo 1,979]

15 hours ago, powerpuff said:

Not very effective in these situations. They respond with generic replies

 

Maybe if you decide with to file a writ of mandamus and take the case to federal court to force a decision. 

Background checks take as long as they take. I don't think a WoM applies here or would be good advice, because the worst case scenario is it just ends in a denial because the beneficiary hasn't been fully cleared/vetted. 

[powerpuff 6,744]

1 minute ago, beloved_dingo said:

Background checks take as long as they take. I don't think a WoM applies here or would be good advice, because the worst case scenario is it just ends in a denial because the beneficiary hasn't been fully cleared/vetted. 

I agree. I only suggested that since OP said if seeing a lawyer will help (which he won’t) and theoretically that’s the only thing that a lawyer could do. 

[JeanneAdil 6,581]

7 hours ago, beloved_dingo said:

Background checks take as long as they take. I don't think a WoM applies here or would be good advice, because the worst case scenario is it just ends in a denial because the beneficiary hasn't been fully cleared/vetted. 

Agree it could get a denial for that very reason

[zeerabiscuit 0]

Really?? They can still deny after the CO'S approval? And if i did the mandamas due to delay, on what grounds would they refuse...simply because I'm requesting a timeline on when my husband will get his passport back?? That's so petty 😧

[powerpuff 6,744]

3 hours ago, zeerabiscuit said:

Really?? They can still deny after the CO'S approval? And if i did the mandamas due to delay, on what grounds would they refuse...simply because I'm requesting a timeline on when my husband will get his passport back?? That's so petty 😧

Huh? Why would you file WOM if your case was approved? You case isn’t approved yet. Verbal approvals do not count. What counts is the status on CEAC changing to Issued.

 

WOM is not for “requesting a timeline”, it’s for forcing a decision within X amount of time. 

[beloved_dingo 1,979]

9 hours ago, zeerabiscuit said:

Really?? They can still deny after the CO'S approval? And if i did the mandamas due to delay, on what grounds would they refuse...simply because I'm requesting a timeline on when my husband will get his passport back?? That's so petty 😧

The problem with filing a mandamus petition in this situation is that the delay is likely not to USCIS's error or dragging its feet. The delay is due to the extra time it takes to do background checks ("administrative processing") with a country that keeps poor records and/or is not particularly cooperative with the U.S. If a decision is forced in a strict timeline, which is essentially what a mandamus petition does in regards to immigration, they cannot approve the visa without finishing the necessary administrative steps that occur after the interview. 

 

Quite frankly, 7 weeks is not a long wait at all for AP in Pakistan. For now it is best to just hang tight and see if a positive outcome occurs in the next few weeks. 

Edited May 5, 2023 by beloved_dingo

[zeerabiscuit 0]

Thanks folks. Slight update on status within CEAC; it now says refused 😰 will they tell me why??? Or is this part of the process?? Gosh this is anxiety inducing.

[SalishSea 17,970]

On 5/4/2023 at 11:19 PM, zeerabiscuit said:

Really?? They can still deny after the CO'S approval? And if i did the mandamas due to delay, on what grounds would they refuse...simply because I'm requesting a timeline on when my husband will get his passport back?? That's so petty 😧

What approval?  Nothing is approved until it says "Issued."

 

7 weeks in AP for Pakistan is to be expected, likely longer.  

[zeerabiscuit 0]

9 hours ago, SalishSea said:

What approval?  Nothing is approved until it says "Issued."

 

7 weeks in AP for Pakistan is to be expected, likely longer.  

Yes thank you. I got it when Powerpuff replied earlier