Beco7

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.

@ Boiler

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

@ 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 

@ 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.

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.

@ Bilder

I am well aware of who deals with what.

I don't need to prove anything to anyone.

I posted 2 specific questions and I would appreciate whoever can help.

Any answers related to this can be appreciated. 

Any comments that show something I already know or raise a claim that I know is false, will be a waste of time.

Thanks anyway

@ Boiler

If I do have any security issues, I wouldn't have stayed in the UK for years holding the highest visa level. UK is much easier than the USA to find out who is who.

@ The decision of directing the case towards this long-time type of security check is a single person who recommends it and then supported by the senior officer.

I understand that this decision applies to people who come from countries that have tensions with the US or a history of terrorism or terrorists like my country. However, I am a person with a transparent career history and I worked for 20+ years in the academia in known universities. 

Unfortunately, racists think they enjoy doing such actions. Whereas they threaten the future of innocents for no reason except they fall under the umbrella of a certain group of people. 

@ 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.

@ Boiler

I sent them several emails to get an update about the processing and I am yet to receive any reply.

They don't reply and my case is still "Rejected" on the CEAC website.

With the significant increase in the cost of living here in the UK during the last year, I am not able to afford to pay for an attorney.

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.