An advice is urgently needed (Green card through Eb2)

[Boiler 44,700]

There are some Lawyers wegreened comes to mind that have money back guarantees.

 

The Interweb is full of potential applicants who want to know more about EB2 NIW and can they qualify and when referred to them say they have been turned down.

 

I am probably getting a distorted view but EB2 NIW seems very popular and it did not used to be. Anyway as I said the merits of your application do not seem to be in question.

[randomstairs 283]

1 hour ago, Boiler said:

There are some Lawyers wegreened comes to mind that have money back guarantees.

 

The Interweb is full of potential applicants who want to know more about EB2 NIW and can they qualify and when referred to them say they have been turned down.

 

I am probably getting a distorted view but EB2 NIW seems very popular and it did not used to be. Anyway as I said the merits of your application do not seem to be in question.

Wegreened offers money back guarantees because they accept only cases that are relatively solid. Not having to have an employer sponsoring you is a major advantage of NIW. In 2017 the criteria and the guidelines have been revised, with more focus on future projects than established credentials of applicants (although both are important, of course). 

[Beco7 1]

By the way, my attorney offers a money-back guarantee. My case was thoroughly revised by them and I was even able to apply for EB1 but the chances were less. I was assured that my case will be accepted and it was as I-140. 

 

It is not about the attorney's capabilities, indeed. This is a one-man's decision accompanied by the supervisor. Indeed based on the criteria that I mentioned earlier, which can make anyone's life just a part of hell.

 

[jan22 3,012]

8 hours ago, Beco7 said:

. . .

@ 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 tha t 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.

 . . .

I'm not trying to be argumentative, but wanted to respond to this, in case others now or in the future are trying to get information to apply to their own case.

 

Re your Point 1:  Your statement that my answer about NVC not having approved your case was not accurate is, itself, inaccurate.  I had no doubt that you had an I-140 approved by USCIS.  You wouldn't have been to a visa interview if you hadn't.  But, I was addressing your statement to Boiler in the response I quoted, "The NVC has already approved my case."  The USCIS approval of your I-140 petition was based only on documents submitted by you and your lawyer.  While an approved petition is prima facie evidence that the applicant is qualified for the visa,  it is the consular (not counselor) officer's right -- actually, their duty -- to review that information with the applicant, confirm the accuracy of it, address anything else that might come up in the interview, and reach an independent decision on the applicant's qualifications for the visa. The decision would 100% be based on your qualifications, even if it differed from the USCIS.  Just discussing the process here, not your case specifically. The officer in your case, of course, also found you were qualified; if they hadn't, your case wouldn't have been sent on for additional processing.

 

Re Point 2:  While we agree that the need for adminstrative processing was the individual officer's decision, we don't agree on what that actually means.  With all due respect to Harvard et al that you refer to, their list is a compilation of what they believe the criteria to be.  There are other areas that, for security and other reasons, may not be as obvious to the compilers of the list.  I think it most likely that it is based on your PhD field or more recent research, but -- especially since you haven't responded to questions about your PhD field -- that is only a guess on my part.  (Which might explain the difference between this application and your 2018 visa -- especially the topics of your research since then, although the security and other checks are also often more stringently applied for an immigrant visa than a short-term visitor's visa).

 

I am sure that the "not knowing" is extremely frustrating for you and your family.  And, this is made ever worse by the non-responsiveness to your inquiries, which is completely unacceptable, IMO.  Unfortunately, there aren't a lot of recourses available, except to wait and continue to try to get an Embassy response, as others have indicated.

 

The final section of your post -- although I may be reading it entirely wrong -- makes it seem that you think posters here are enjoying or laughing at, or are unsympathetic to, your situation. I have been on VJ for several years, and I can honestly say that I don't believe that is the case.  Sometimes, when trying to respond, there can be a mis-interpretation of the tone or intent of a post.

 

I hope you get positive news very soon!

Edited August 17, 2023 by jan22

[As2024 6]

On 8/15/2023 at 1:46 PM, Beco7 said:

Hello everyone

I urgently need an advice about my eb2 case.

I am originally from one of the Middle East countries

I am Muslim

Ph.D. from USA

Working in a STEM field

Obtained a prestigious EU fellowship

Have 2 US citizen kids

Resident in the K for 4 years

Working in my field of experience for 10 years

Filed Eb2 National Interest Waiver case for myself, my spouse, and a son

Filing through a US attorney

Case filed: February 2022

Case approved: April 2022

The case moved to NVC: July 2022

Visa fees paid: September 2022

Medical exam in London: November 2022

Visa (Green Card) interview: December 2022

Placed on administrative processing.

I presented all required documents and details with proofs.

Contacted the US Embassy in London multiple times since December 2022 and still in administrative processing

May 2023: advised to send the passports to the embassy. However, the medical exam was very soon. So I was advised to redo the medical exam.

June 2023: Medical exam was done for the second time

July 2023: passports were sent to the US Embassy in London

Our visas in the UK have already expired and we soon need to leave the UK before being forced to be deported.

Thus,  emailed the US Embassy to update them on the passports but no response. Whereas they were replying even when the case was on administrative processing back between December 2022 and May 2023.

I tried to explain the situation about our legal residency here but no response.

They have our passports.

I am a bit confused. 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.

 I am not sure what the situation is and how to deal with it.

I have no security issues.

 

I know they put my name because of my religion and country.

But I am not sure why they don’t reply now and don’t even respect the critical situation we as a family are in with the school year coming in a few weeks.

My questions are:

1-    Is it possible to go for a second round of administrative processing?

2-    Did anyone pass a similar situation?

 

Any valuable advice is appreciated.

 

 

 

 

Did you get your visa ? Please update it . Thanks