Experience of a Canadian EB-2 & Montreal Processing

[dot70]

consular processing vs status adjustment

I am a Canadian citizen (born in Poland) and I just received labor certification. Currently, I am on an H1B, as is my husband. We are now trying to decide which process, i.e., consular vs status adjustment is best. My lawyer is dissuading me from the consular route, citing the inability for appeal in case of denial. I am leaning toward it however for reasons of a shorter wait (hopefully). But, based on my lawyer's comments, I am a bit apprehensive about the consular route. Can you shed some light on this? Any information on the denial rates in Montreal?

Thanks.

[fkbisma]

Police Certificate

I have verified from RCMP on police certificates. Here is what I found out.

The RCMP Civil Fingerprint Screening Services(CFSS) does not perform name checks. You must contact your local police service.

[Matt]

Hurdle in consular processing - "Administrative Process

I'd like to bring attention of certain nationals on the hurdles you may get when going for consular processing interview. Regardless your current citizenship (Canadian or else), if you are born in certain countries (especially China, Russia, Israel...), the visa officer in the consulate has the discretion to conduct additional "Administrative Processing", and this usually includes "Visa Mantis" security screening and FBI name check.

This could occur especially your birth country is different than your citizenship country, since the security check done by NVC is based on your citizenship country, while the visa officer most likely focuses on your birth one.

When this happens, you will not be granted visa until the screening is completed w/o issues, and usually this takes 20 days if your name is not triggered in their database, and it could take 4-6 months if you have a common name with a lot of your compatriots.....

So make sure you have valid visa (to return back to US) before leaving for CP interview. And don't be surprised when this happens...

Good luck to all,
-hs

[JoeF]

Re: Hurdle in consular processing - "Administrative Pro

Obviously, the lawyer handling the case should know this, and should advice his or her clients accordingly...
That's the sign of a good lawyer

[Matt]

Reply

I was not talking about any lawyer. I think the web site of immihelp.com can be updated to reflect such possibilities, in its CP Interview and Immigration Visa Refusal sections.

-Matt

[dot70]

Re: Matt-administrative processing

Matt:

So, even though, we are required to obtain criminal records from each country we have resided in >6months, there is still an additional possible check that may happen and hence result in admin processing?

[Matt]

Re: Matt-administrative processing

This is what I got in Montreal. I am Canadian citizen but was born in one of those countries that DOS clearly indicates (at DOS website) that the immigration visas issued for the nationals there require Visa Mantis check (or Visa Condor).

I thought since i have Canadian citizenship, I should get this skipped, but when I went to Montreal for CP interview at the beginning of the year, the visa officer said my case needed more "administrative processing" and couldn't be granted. I asked her what this is for, she said it just needed more time for security clearance. I asked why the security clearance was not done at NVC (as it is supposed to). She said part of it was done, but it "was not enough". I had to return back to US (with H-1B, fortunately that I have) and waited 4+ months before the case was cleared. I went back to Montreal to pick up the visa and POEed at the border...

-matt