An advice is urgently needed (Green card through Eb2)

[SalishSea 17,770]

1 minute ago, Boiler said:

Most people get through AP, I would be hard pushed to think of a case where they have not. Logically they must exist, I can only go by what I have seen on here.

 

Not sure about a second round, I am not sure I have seen AP split into rounds.

We have seen second interviews following extended APs though.

[Boiler 45,399]

1 minute ago, SalishSea said:

We have seen second interviews following extended APs though.

True, unusual. I guess I over focussed on the term rounds.

[randomstairs 295]

5 hours ago, Beco7 said:

If the visa is denied, we shouldn’t have been advised to redo the medical examination and they advised in May to send the passports to issue the visas. However, when I check the CEAC website it says refused for me and ready for spouse and son.

To me it seems like the administrative processing was finished for your spouse and son but is still ongoing for yourself. Did they explicitly state that you got approved? As others have suggested, the reasons for AP and the exact nature of it is aren't to be assumed. The probability for some applicants may be greater if they are from certain countries, sure, but there are other factors, in particular your field of study. I know of cases where certain keywords in the description of one's scientific work, such as "nuclear" or "biological" triggered APs (as evident from the interview experiences). 

 

Typically multiple agencies have to clear your case. 

[Me and her 279]

7 hours ago, Beco7 said:

 

Filing through a US attorney

 

 

 

 

Have you contacted this attorney you used?

[jan22 3,043]

5 hours ago, Beco7 said:

@ Boiler

 

I am sure it is a decision of an immigrant officer at the US Embassy in London. The NVC has already approved my case. The administrative processing step is an individual decision taken solely by the officer inside the embassy.

 

 It is funny that this country is receiving thousands of refugees from hot spots in the world as well as illegal immigration from the Southern border and on the other hand uses personal and subjective judgment that includes racism and hate on a life-changing decision for me. I received my Ph.D. in the US and spent years there with zeros security issues.

A point or two for clarification:

• NVC did not, and never does, approve your case.  NVC is basically a paperwork clearinghouse -- they are checking that you have paperwork for all the required documents.  They do not evaluate the quality of the information nor your qualification for the visa.  The NVC "approval", i.e., stating that you've met the documentary requirements, means only that -- you have the documents you need to move forward.
• While it is the decision of the individual consular (not immigration) officer at the Embassy -- with his/her supervisor's concurrence -- that a case needs further administrative processing, it is a decision made within fairly strict parameters that limit the officer's choices.  This is especially true in some STEM areas -- basically, officers are told that when a case meets these conditions, you must send it for further processing/review, making it really not the officer's choice/decision. 

[Me and her 279]

7 hours ago, Beco7 said:

 

 

Any valuable advice is appreciated.

 

 

 

 

 

6 hours ago, Boiler said:

Have you asked them to return your Passports if you need them to leave?

 

Hopefully your Lawyer is on top of this, time for a WoM?

 

5 hours ago, Boiler said:

Additional Processing is a black hole, probably not a Consulate issue. The only options I know are that you wait or sue.

We understand that it is frustrating, but you have been given sage advice of your next steps.  E-mailing the embassy has not been effective.  

[designguy 1,179]

What is your PhD in?

[EM_Vandaveer 2,408]

Do you have a common name? The combination of this + Arab/Muslim country of origin can lengthen AP.

[Beco7 1]

Thanks to those who took the time to post some clarification.

I am going to reply to those ones.

Just to recap:

I was on administrative processing from December 2022 to May 2023 then was asked to send the passports to the embassy to get the visa. However, our medical exam was due to expire and the same as the visa if issued. Then we decided to redo the medical exam (~$1800).

  We did the medical exam in June and sent the passports in July due to a work-related that I had to do.

The passports are still in the embassy, and I tried to contact them several times, and no reply yet.

@randomstairs

Yes, my visa was approved in May, and I was advised to send passports.

I will answer the country-related question later.

@ Me and Her

- Contacting the attorney now is not a wise step as the embassy already has the passports and the attorney would sue the USCIS or DOS, not sure, at the federal count. It is time and money expensive.   

@ jan22

1- Your answer is not accurate. Maybe because I forgot to mention the I-140 which is the initial and most important step:

My I-140 was approved in April, just after 2 months or 9 weeks of the petition. With no job offer, or premium processing.

Approving the case here is based on a thorough revision of my qualifications, achievements, and experience in my field of expertise.

The embassy stage is called IMMIGRATION VISA PROCESSING.

While the officer, good you got it right as a counselor, has the right to review and refuse it, this is not based on my qualifications.

The NVC as you mentioned is a step of “document checking”. I agree.

 

2- This is what I exactly mentioned. It is a decision of an individual supported by his/her supervisor. Not sure why you make this as I didn’t mention. But anyway!!. Those words of strict parameters are not that strict. This is just an umbrella of people who belong to a certain group or groups. They throw the cases under this umbrella. I am totally fine with that as I have nothing to worry about. What I don’t agree with is asking for updates about my case and holding the passports with no respect for our situation here in the UK.   

Just to let you know that this is an individual decision: I had a B1/B2 visa issued in 2018 from my home country to attend a conference in the US. My interview lasted for??? 5 mins. Yes, you read it correctly, 5 mins, and my visa was approved. By the way, administrative processing applies to non-immigrant visas too.

 

I am not sure if I am allowed to post links here, but just google Harvard International Office (Harvard University) & Penn State College of Law:

Administrative Processing FAQ:

Who is subjected to administrative processing?

These are the criteria:

1-   Citizenship, Nationality, or Country of Birth

2-   Field of Study or Research

3-   Citizenship and Field of Research

4-   Criminal records.

 

As I mentioned earlier, I have issue no.1 for sure, issue no. 2 might be but not so critical.

 

 

@ EM_Vandaveer

Yes, to both.

 

 

 

Finally, I just want to add some notes:

-       I am well aware of what makes my case goes to administrative processing. The thing is: I found here some people who just come to mention inaccurate information or others who just try to satisfy their sadistic hate or defend something that they never lived in or never lived as I am already currently living.

-       Yes, my case is in another round of administrative processing. Funny, right!!! Here you go. You got a new section to add here, lol.

-       I am not asking anyone for a sort of sympathy. what I asked is if anyone had seen a similar situation and what steps I can do to solve this issue.

-       I am not here to tell you I have a terrorism connection and how should I cover that up, lol. Because if I am. I shouldn’t come to ask for advice here. This is a bit out of logic thinking, I guess.

-       Yes, there are some individuals in the positions to take decisions of similar cases who are racists and judge the cases based on their own willingness and indeed using the law. The law is a flexible term and can be used to make lives out of hell for some people like my family. Especially for a person like me who already lived in the USA for years and got my education there with zero security issues unless you consider parking fines and speed tickets as an act of terrorism. lol.  

-       You don’t believe that this is your own issue. I do live that now. This is not “maybe “or “I am making assumptions”, this is a real fact I am already suffering along with my family, especially with the disrespectful way of not replying to my emails. My case now is passing the 9^th month of administrative processing and we don’t even have our passport and the visas of my family in the UK have already expired.

Edited August 16, 2023 by Beco7

[Boiler 45,399]

The CO is the one that decides if your case qualifies for an EB visa. I seem to recollect about 60% of EB2/3 are approved through Consulate processing, the percentage seems higher for those adjusting.

 

I certainly have been surprised by those who have qualified for EB2 NIW, much easier than I had supposed.

 

Anyway that does not seem the issue, you would not be in AP if they had not otherwise approved your case, well you have mentioned nothing to suggest your application has been questioned.

[Beco7 1]

@ Boiler

 

Indeed the officer can decide and I am not opposing this. Please review my comments. 

 

 

Are you sure about this ratio?

 

Well, mine is EB2 not EB3. 

 

 

Any 221g in my case will be accompanied by a list of travel and work history, etc.,. All were submitted and completed back in December.

 

 

 

Edited August 16, 2023 by Beco7

[Boiler 45,399]

I forget where I saw it, remember looking for a breakdown at the time between EB2 and 3 and could not find one.

 

My guess is that all those dodgy companies 'sponsoring' for dubious jobs and charging large fees have an impact.

[Beco7 1]

@ Boiler

 

Well. No. I am on Eb2 which is less likely to be accepted without a job offer. 

 

Another funny thing now is mostly no academic institution accepts a job application without evidence of a legal residency status in the US. This wasn't the case a few years ago. I do remember that well 

Edited August 16, 2023 by Beco7

[Boiler 45,399]

https://www.bdvsolutions.com/

 

For example.

[Beco7 1]

@ Boiler

 

By the way, my attorney has >99% of acceptance ratio for Eb2.