IR-1/CR-1 Visa
|
| Event |
Date |
| Service Center : |
Nebraska Service Center |
| Transferred? |
No |
| Consulate : |
Bogota, Colombia |
| Marriage (if applicable): |
2015-10-10 |
| I-130 Sent : |
2016-10-16 |
| I-130 NOA1 : |
|
| I-130 RFE : |
|
| I-130 RFE Sent : |
|
| I-130 Approved : |
2018-02-26 |
| NVC Received : |
|
| Received DS-261 / AOS Bill : |
|
| Pay AOS Bill : |
2018-11-12 |
| Receive I-864 Package : |
|
| Send AOS Package : |
2019-01-28 |
| Submit DS-261 : |
2019-01-28 |
| Receive IV Bill : |
|
| Pay IV Bill : |
2018-11-12 |
| Send IV Package : |
|
| Receive Instruction and Interview appointment letter : |
2019-07-22 |
| Case Completed at NVC : |
2019-07-22 |
| NVC Left : |
2019-07-22 |
| Consulate Received : |
2019-07-22 |
| Packet 3 Received : |
|
| Packet 3 Sent : |
|
| Packet 4 Received : |
|
| Interview Date : |
2019-08-22 |
| Interview Result : |
Denied
|
Second Interview
(If Required): |
|
| Second Interview Result: |
Approved |
| Visa Received : |
2022-03-02 |
| US Entry : |
|
| Comments : |
per USCIS, I-130 finally sent to NVC as of September 10, 2018, which was 198 days since I130 appointment. 8-1-2019: visit to medical was successful: asked typical medical questions, examed his body (clothes off with a gown on), reviewed his medical records (did not want to see the US records, only his records from his Bogota Dr), did a quick vision test, looked at vaccinations (nothing needed), looked at XRay (nothing noted). Dr's waiting room was a bit crazy with lots of other people, but Dr saw him on time. has to return at 630pm the night before his Embassy interview to pickup the sealed packet. Dr told him he would clear him in his medical report. the checklist of items to bring was accurate and was reviewed. also, there is a medical test required that takes longer than the time between medical appt and the interview, so the MD gave us a slip of paper stating he would send in the final packet when the lab results are returned.
8-15-2019: Biometric as ASC Bogota. Took Uber to office, checked DS-260 page and placed a sticker on it. checked passport, and covered up previous stickers on the back. Asked "who is petitioning you?", "what Visa type are you asking for?", Had fingerprints taken and also make a photo. Reminded of the Embassy interview date/time. Took only a few minutes.
8-22-19: Interview at 8 am, arrived at the embassy at back entry, which was wrong. walked around to the front entrance and found a lot of people waiting. there were 2 ladies at the front on the sidewalk answering basic questions and pointing people to the correct line. Line 3 was for IV, which was a checkpoint outside the embassy gates where a lady pulled out the original documents that are necessary to proceed inside the Embassy. Once we passed there, the security officers scanned our belongings like at the airport. The next step was to walk inside to a 'courtyard' where the Consular services take place. At the first station, another person quickly checked our documents and checked us off a list. We waited for about 15 minutes and were called up to a line where a person behind glass checked our docs again and scanned in the originals of required docs we brought. We were then returned the docs and sent to wait for the Consular officer across the courtyard. We waited there for about 15 minutes until a lady guided us up to the window. There was a bilingual female officer who reviewed the required docs again, asked several questions of Alberto while I stood just behind him. After about 20 minutes, she came back with printed pages that described how our visa was denied and what Waivers and the medical requirements. We knew this was coming, so no tears. I then sent the pages to my attorney to start the packet for 601 and 212 waivers.
April 22, the USCIS portal changed the status on our 601: :"On April 22, 2020, we requested another non-USCIS advisory opinion for your Form I-601, Application for Waiver of Grounds of Inadmissibility, Receipt Number xxxxxxx. Processing of your case will resume when we receive the response. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. Please note that if you have not yet filed a Form DS-3035 with the Department of State (DOS), you must submit Form DS-3035 before DOS can process your case and provide an opinion to USCIS. For more information on submitting Form DS-3035, please visit https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/how-to-apply-waiver.html." the form 212 was not changed as of today.
May 11, I emailed acsbogota@state.gov in an attempt to get more information about the ds-3035 mentioned in the notice. The DS-3035 is related to a J1 Visa (we had an F1 Visa). After a few days someone from the Immigrant Visa unit in Bogota replied and said they would reach out to their contact at the USCIS. After 2 more days, an email reply from this same person at the embassy advised "I received notice from USCIS that the requirement to submit the DS-3035 was incorrect and that you should disregard this message." As of today (May 18), the status of 601 has not changed, and the 212 is still untouched. Still waiting!
Nov 2020: In an email to my congresswoman from the NSC Congressional Liaison after my request for inquiry to our case status made in November 2020, this is the response of the 2nd such request from the same office: From a current examination of USCIS electronic records, we are informed that the additional review process mentioned in our previous correspondence regarding this case is not yet complete. The adjudication of Mr. Uztariz Delgado’s applications will continue to be held in a suspended status at the Nebraska Service Center (NSC) until after the additional review process is complete and the necessary clearance is received. Again, while the Form I-212 / Form I-601 Unit at the NSC is aware of the congressional interest regarding Mr. Uztariz Delgado’s case, we are unable to grant requests to expedite the additional review process and determine the date on which your constituent’s applications will be returned to an officer for further examination in the adjudication process.
March 2021, I made a request to Texas Sen Cornyn's office to help. They replied back to me with the exact response. When asked why it was taking so long and what could be done, their answer was essentially 'nothing' could be done. No one, not even members of congress, can help with our problem.
August 2021, After waiting longer, today we decided to file a Writ of Mandamus. Using Hawking law in Missouri who claims to have great success and experience with federal lawsuits, and has great reviews. My current attorney could not file this for us. It will cost $4500.
September 3, 2021. Attorney Hacking Law filed suite with federal court with Alberto is the Plaintiff. Summons to be issued in the next few days. Defendants are USCIS and NSC and agents, who have 60 days to respond.
October 4, 2021. received a message to check USCIS webpage for an update. Upon doing so, the notice was that our 601 case had been updated. The update was that we were mailed a Request for Evidence. I contacted our attorneys to advise of the change. The 212 case status did not change, but I'm told if 601 is approved, the 212 will follow suit. The RFE was emailed to my attorney Hacking, He fwd me a copy. I sent a copy to my Waiver attorney (Nossa). A couple days alter, I called Nossa to discuss the plan. the RFE was requiring proof of medicals or that we have an appt for medicals. We have until Jan 22 2022 to return the RFE with proof. He felt that either should be OK, but proving an appt would be easiest.
November 3, We have an appt at Dr office to restart medicals. We got an email from the office asking some basic questions, and send copy of the Passport. We arrived at 5pm for a 6pm appt. He was told to start outside of the building in a secret door with Black tinting on the window and door. inside there was someone who received all the requested documents. Then he was released to go upstairs to begin the exam. The dr admitted that USCIS called his office to ask why we did not complete medicals, but MD did not remember why and told them we refused. But when he arrived, the DR's memory was refreshed and apologized for telling the USCIS operator this. It was the Dr's idea not to complete the exam in 2019. Luckliy the DR was able to start the process and we had to perform a sputum test for TB x3 mornings starting NOV4, and get Xray and blood drawn as well.
November 4. We arrived at 7am at Santa Fe De Bogota hospital across from md office to start a sputum test, which costs us about $300USD. coughing hard until almost gagging.. Then back to the MD office again at 8am.where there was a line forming outside. once inside, he was given more information about the xray and blood word needed. Later that afternoon, he arrived at a small medical center nearby in Santa Barbara mall, where Xray and blood work was done.
November 5. Returned to hospital again for 2nd sample of sputum. We have to return again on Nov 6 for 3rd and final. then it takes about 9 weeks for the results. MD advised all exam results will be sent to Embassy. We do not have to come pick anything up. I will send all the receipts obtained as proof of the medical exam and send to Pablo Nossa soon so they can submit to USCIS in hopes this will be sufficient evidence for the officer to approve the waivers.
November 17 2021. After consult with and preparation by our Houston waiver attorney, our response to the RFE was shipped by FEDEX to the Nebraska Service Center.
January 12 2022. We received an email from the physician advising the medical exam results were sent electronically to the Embassy. The results have an expiration date of April 12 2022.
February 2 2022. The 601 and 212 were finally approved after received date of Oct 14 2019. The first indication came by text message from USCIS with a link to click over to the online status.
February 3, 2022. Email the IV section of the US Embassy to seek an appointment and to advise them of the approval. They replied back with a canned message.
February 8 2022. Our Writ of mandamus attorney (Jim Hacking) advised he would dismiss the lawsuit. Also this date, I sent a request to my congresswoman to assist with getting an appointment with the Embassy.
February 18, 2022, we received the email from the IV team in Bogota advising they were ready to continue with our case. And that he must enter the USA by March 30 due to expiration of medicals. However, we had expected these to expire April 12 per the Dr's notes in his email to us on JAN 12.
The instructions advised to send his passport to the Embassy as soon as possible, and also to log into the "ais.usvisa-info.com" website. The instructions mentioned DHL, and printed 2 pages for us to use (1 for sending and 1 for the return DHL)]
February 21, 2022, he went to the DHL station at Lago Mall. they advised him they no longer transport passports to the embassy since Covid. Instead, we are to bring the passport to the ACS office in Bogota (same place where the biometrics were taken). When he arrived there, it was closed due to Presidents Day holiday.
February 22, 2022, the Passport was handed over by Alberto to the ACS office. They indicated no papers we printed were needed, and seemed as if it was very well known this is where to drop off passports. Later that day, he missed a call from the Embassy, and we also received a second email from them. They did not answer when called back, of course.
This 2nd email had instructions and to send the passport now, and had an attachment dated FEB 14 2022 that we had never seen before. We now know that it was duplicate with information similar to the email we had received on February 18th. But frustrating we could have know about this on FEB 14. I replied to this 2nd email, but all you get is a canned email response.
We are now waiting, hoping the issuance of the IR-1 VISA will come before it's too late to beat the MARCH 30 deadline. We have no reason to expect it will not.
March 4 2022: email from US Embassy to advise DHL delivery shipped to pickup location, estimated arrival March 8.
March 7 2022: email from DHL advising arrival of delivery.
March 8 2022: DHL envelope received at the DHL Lago station. Passport with VISA is inside. On back of passport was a note attached that advised there is no VISA packet, and that everything will be found online. Also, a brochure inside explaining how to pay for the Green-Card fee.
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