221g AP

[babatunde]

hello,
i am happy to be a part of this forum as it enables me share my experience and also get some advice about my ongoing IV case..

It has been 4 months now since i went for interview at the american embassy here in Tbilisi Georgia, and i was placed on AP a 221g letter given to me by the CO stated that i would be contacted when the process is completed and also stated that the process is normally resolved within 60 days,but 4 months has gone by.

I am a Nigerian national,but i currently live in Tbilisi Georgia where i am studying for a masters degree. My wife came down here in February and that was when we got married and she filed for I-130 when she got back to the states. our petition was approved by the uscis and forwarded to the Nvc and a case number was assigned to us(may 3rd),after which we expedited it because my wife was pregnant and having complications at that time. U.S embassy received the application and an interview was scheduled(Aug 7th) ever since then i have been placed on AP.. As am writing this i'm am so confused and frustrated already. I need an advice or a hint about what is going on and what the embassy want. Please anyone with useful information should kindly leave a comment or share their experience or ideas.

Thanks a bunch,

****tunde.

[mai95]

After 3 Months
If the case has taken more than three months (more than 60 working days) and the case still shows pending administrative processing on the DOS website shoot an email to the embassy to inquire about the status of the case. Usually a response would state some cases take longer than the average 60 days. It might be a good idea to have the attorney or legal firm who filed your visa to contact USCIS or department of state about the status of the case. Even though usually they get the same response with only some additional details about the nature of the case it might help as the response would be from a legal team in DOS. Also in cases where the case is waiting for additional information or documentation the legal team might be able to provide that to the processing agency.
After 6 Months
Some cases take longer than 6 months. In this case it becomes difficult as the usual generic responses do not provide much insight on what is causing the delay in the case. One of the methods to inquire about your case at this point is to have a congressman or senator of the district you work in contact the DOS about your case.
Usually the easiest method to contact them is email them. The representatives also have office phone numbers and one of the secretaries can guide you further but usually they will still need to understand the case so an email can provide them the details. The representatives’ office will ask you to sign a waiver to find information for you. Also give them details of your case and how your inability to travel impacts your employer.
Sometimes the representative’s office takes a long time to respond in which case try calling them. Also once the representative’s office picks up your case they will provide you with the status of your case at an official level. Request the representative’s office for further details on your case and reason for delays.
Another possible method of finding information is filing a request with Department of State or USCIS under the Freedom of Information Act asking them to provide consular notes on the case, that way actual reasons of 221(g) can be found and may be a way out can be found.
After 1 year
This happens in very rare cases. But if your case has crossed one year and the inquiries from the legal team or the representative’s office have not yielded much it is possible to file a petition against DOS for expediting your case and getting a conclusion. This is known as “Writ of Mandamus”. The writ needs to be filed in the state the applicant is employed by a licensed attorney. Once the judge accepts your case the DOS has 60 days to respond. Usually this will lead to expediting the case to resolve in 60 days. Not all cases will be accepted though so get legal advice before preceding this route.

[rayb]

Mai's response is very thorough and gave you several choices to make.

In my experience, the quickest way to get a consulate or Embassy response is by initiating the request through a Congressional office which has an experienced immigration analyst on board. Consular posts are REQUIRED to respond to Congressional queries within a few days. One problem I have seen with responses to Congressional queries is that Consulate staff sometimes provide different answers to such queries than what they have been telling applicants or petitioners.

I believe that it is important to get a specific answer as soon as possible to an "Administrative Review" status. Of late the Manila Embassy has been holding fiancee petitions up to 4 months past an interview on Administrative Review, then responding to queries that the cases were denied effective the interview dates, for "insufficient proof of a bonified relationship," and other such similar general denial reasons.

--Ray B

After 3 Months
If the case has taken more than three months (more than 60 working days) and the case still shows pending administrative processing on the DOS website shoot an email to the embassy to inquire about the status of the case. Usually a response would state some cases take longer than the average 60 days. It might be a good idea to have the attorney or legal firm who filed your visa to contact USCIS or department of state about the status of the case. Even though usually they get the same response with only some additional details about the nature of the case it might help as the response would be from a legal team in DOS. Also in cases where the case is waiting for additional information or documentation the legal team might be able to provide that to the processing agency.
After 6 Months
Some cases take longer than 6 months. In this case it becomes difficult as the usual generic responses do not provide much insight on what is causing the delay in the case. One of the methods to inquire about your case at this point is to have a congressman or senator of the district you work in contact the DOS about your case.
Usually the easiest method to contact them is email them. The representatives also have office phone numbers and one of the secretaries can guide you further but usually they will still need to understand the case so an email can provide them the details. The representatives’ office will ask you to sign a waiver to find information for you. Also give them details of your case and how your inability to travel impacts your employer.
Sometimes the representative’s office takes a long time to respond in which case try calling them. Also once the representative’s office picks up your case they will provide you with the status of your case at an official level. Request the representative’s office for further details on your case and reason for delays.
Another possible method of finding information is filing a request with Department of State or USCIS under the Freedom of Information Act asking them to provide consular notes on the case, that way actual reasons of 221(g) can be found and may be a way out can be found.
After 1 year
This happens in very rare cases. But if your case has crossed one year and the inquiries from the legal team or the representative’s office have not yielded much it is possible to file a petition against DOS for expediting your case and getting a conclusion. This is known as “Writ of Mandamus”. The writ needs to be filed in the state the applicant is employed by a licensed attorney. Once the judge accepts your case the DOS has 60 days to respond. Usually this will lead to expediting the case to resolve in 60 days. Not all cases will be accepted though so get legal advice before preceding this route.

[sailoo1993]

221g white slip

Mai's response is very thorough and gave you several choices to make.

In my experience, the quickest way to get a consulate or Embassy response is by initiating the request through a Congressional office which has an experienced immigration analyst on board. Consular posts are REQUIRED to respond to Congressional queries within a few days. One problem I have seen with responses to Congressional queries is that Consulate staff sometimes provide different answers to such queries than what they have been telling applicants or petitioners.

I believe that it is important to get a specific answer as soon as possible to an "Administrative Review" status. Of late the Manila Embassy has been holding fiancee petitions up to 4 months past an interview on Administrative Review, then responding to queries that the cases were denied effective the interview dates, for "insufficient proof of a bonified relationship," and other such similar general denial reasons.

--Ray B

Do you have any idea of what is the clearance time for TAL mantis check for J1 visa? Thanks..

[mahtabss79]

221g AP

Is Administrative Review the same as Administrative processing? Or different? And why would a case be denied even if USCIS approved it?

[rayb]

There are three levels of review for immigrant petitions:

1. USCIS, a preliminary review of eligibility of petitioner.
2. NVC, review of sponsorship and legality of civil documents.
3. Embassy in-person interview as the final review of eligibility of visa applicant.

There are also internal checks by other agencies along the way: law enforcement database check of petitioner; FBI name check of visa applicant; police checks of applicant in home country and all countries in which she has lived or worked since age 16 for six months or more.

An approval of petition by USCIS does not mean that all checks have been completed.

--Ray B

Is Administrative Review the same as Administrative processing? Or different? And why would a case be denied even if USCIS approved it?

[mahtabss79]

221g AP

Thank You very much

[mahtabss79]

221g AP

We got approved finally 112 days of admin proc