Form 221g no documents required and passport kept by consulate [merged threads]

[Kaylavm 0]

Hi ! Can anyone offer some information about form 221g when no additional documents are required ? I had my interview in Juarez Mexico June 28th. I had my interview and the only document they questioned was my birth certificate since i wasn't registered until I was 17 years old. My mother brought me to the u.s as an infant and never registered my birth until the Mexican Consulate in San Antonio Texas started offering that service in 2017. The officer that interviewed me stated that they needed to talk to my mom to get "the facts straight". I went back the next day with my mom and they told me that there was no note that she was necessary in anything and that I was placed under administrative processing and just had to wait. I was able to get on DACA with that birth certificate when I was 17 years old so I never imagined that would be an issue. My spouse wanted me to get my residency so I would have a more permanent status. I've been in the U.S my whole life so this is very devastating. Does anyone have a timeline on how long this might take or advice on something I can do to speed this up? 

Thank you ! 

Edited July 10, 2023 by Kaylavm
Typo

[Crazy Cat 41,836]

This is administrative processing.   It cannot be waived nor expedited.  Patience is the key.

[Boiler 45,467]

I assume you had not been in the US your whole life otherwise why are you applying for a visa?

 

I know that there used to be a lot of issues with fake birth certificates in Texas perhaps they are looking at that?

[Kaylavm 0]

5 minutes ago, Boiler said:

I assume you had not been in the US your whole life otherwise why are you applying for a visa?

 

I know that there used to be a lot of issues with fake birth certificates in Texas perhaps they are looking at that?

I have been in the U.S since I was about 2 months old. I've never left until now to get my permanent residency through my spouse. I have been working and doing everything legally thanks to DACA a work permit that's for kids brought in to the U.S by their parent. 

I wasn't aware that that was an issue in texas maybe it is that ? I do feel like it looks very odd that my birth wasn't registered until 2017. But when I obtained that birth certificate it was through the Mexican Embassy in San antonio im sure there's a way to verify it. 

[Boiler 45,467]

Midwives were faking birth certificates

 

Late registration will always attract attention 

[Waitingfor10 41]

Hi! Have you had any advancement on your case?

[Kaylavm 0]

4 hours ago, Waitingfor10 said:

Hi! Have you had any advancement on your case?

Hi ! I actually just got an update today. They are requiring additional documents. Basically they just was to establish my identity prior to 2017 when my birth certificate was registered. I was 17 at the time so didn't have any ID. So I am trying to gather anything I can from Kindergarten all the way through 12th grade with my name a DOB on it. So hopefully this will all get resolved soon 🙏 

[Kaylavm 0]

Can a U.S consular officer be incorrect in

requesting waiver for unlawful presence

for immigrant visa? If as per uscis and homeland security I have never been unlawfully present since i applied for daca at 17yrs old. I've looked at so many government pages as well consulted a few different lawyers and the answers are all the same. "If you are under 18 years of age at the time you submit your request, you will not accrue unlawful presence while the request is pending, even if you turn

18 while your request is pending with USCIS. If we grant your DACA request, you will not accrue unlawful presence during the period of deferred action." (USCIS WEBPAGE) Has anything similiar happened to anyone ? Can a mistake like this be fixed ? 

[Boiler 45,467]

You start accruing illegal presence when you are 18 so after 6 months you would have a ban

 

I have seen people with other issues need a waiver, not come across a DACA issue.

Edited August 28, 2023 by Boiler

[Redro 4,611]

 

They might not believe you were 17 when you applied for DACA. 

The evidence you submitted to prove your identity was not sufficient.

Do you have a lawyer helping you with this case? 
You might need additional documentation proving your age and identity to have the CO reverse their decision. 

[Kaylavm 0]

25 minutes ago, Redro said:

 

They might not believe you were 17 when you applied for DACA. 

The evidence you submitted to prove your identity was not sufficient.

Do you have a lawyer helping you with this case? 
You might need additional documentation proving your age and identity to have the CO reverse their decision. 

Yes I do have a lawyer helping me out. The identity thing has been resolved with additional paperwork and school records. Now it's just the unlawful presence that's putting a hold on things. :/ 

[Boiler 45,467]

Something your Lawyer can easily resolve, not exactly an uncommon situation.

[Kaylavm 0]

25 minutes ago, Boiler said:

Something your Lawyer can easily resolve, not exactly an uncommon situation.

Thank you ! 

[Chancy 6,241]

*** Merged related threads for more background info on OP's case.  Please post your questions/updates related to your case in this thread to keep the discussion in one place. ***