British Expats - Administrative Processing

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British Expats (https://britishexpats.com/forum/)

- Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)

- - Administrative Processing - 6 months! (https://britishexpats.com/forum/marriage-based-visas-35/administrative-processing-6-months-690074/)

scrubbedexpat099

Oct 20th 2010 10:03 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by glasgow1 (Post 8931878)

I had a chat with a friend who is now in the US and he mentioned to me that I could go to the US on a visiting visa (3months) and then wait for my green card there. Is this possible?

Secondly, has anyone (UK Citizen) been in AP for more than 6 months? (understanding that each applicant is different).

It is frustrating being in AP and not being able to do anything! (even those Congressman and Senators cant do anything!)

You can visit.

For up to 90 days.

But you will need your visa to immigrate.

Noorah101

Oct 20th 2010 10:11 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by glasgow1 (Post 8931878)

I had a chat with a friend who is now in the US and he mentioned to me that I could go to the US on a visiting visa (3months) and then wait for my green card there. Is this possible?

If you're eligible to use the VWP, you can visit the USA for up to 90 days. You aren't waiting for your green card, you're waiting for your Immigrant Visa. You'd still have to go back home and obtain your Immigrant Visa from there. Also, I have heard that if you leave your home country while AP is in progress, you will have to let them know, and it could trigger them to re-do the AP, because now you've changed your travel history. I personally wouldn't risk a visit to the USA while AP is in progress.

Rene

suomar

Jul 20th 2011 3:50 pm

Re: Administrative Processing - 6 months!

Hello...my husband who also is British with a Muslim name has been waiting for AP obmvr 6 months now. Did you get your immigrant visa finally? If so hoe long did it take? We have not seen him since Jan so he may visit us. DOS advise that AP will not be affected. Thanks.

gnasher12

Jul 20th 2011 11:24 pm

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by glasgow1 (Post 8927042)

Hi guys,
Thanks for the quick responses. Unfortunately I do have a "Muhammad" in my name (middle) but dammit I am British!

I also don't have any connections to the T-zone countries as parents are originally from India but are UK Citizens.

I came across the the following page on the Department of Homeland Security website and was wondering if anyone has completed the CIS Ombudsman Case Problem form?
http://www.dhs.gov/files/programs/editorial_0497.shtm

I have gone down then Congressman route to no avail so I am hoping that contacting DHS might give me some answers or getting this process back on track.

One last thing, I have been in touch with a few attorneys in the US about this situation and they have mentioned to me that one option is to sue the FBI. A few of them have done this before and has worked worked for their clients. The problem is that this adds a possible 3-5 months to the process.

Has anyone gone down this route or completed the CIS Obudsman Case Problem Form?

THanks

I have a muslim name and had no problems at all.

ian-mstm

Jul 21st 2011 12:51 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by suomar (Post 9508478)

Did you get your immigrant visa finally?

The original thread is over 9 months old... and the guy hasn't posted since.

Quote:

If so hoe long did it take?

AP can take anywhere from a few weeks to 2 years or more. There is no way to speed it up, no way to find out where you are in the process, and no way to know how much longer it will take.

Quote:

We have not seen him since Jan so he may visit us. DOS advise that AP will not be affected. Thanks.

I suggest that DOS is wrong. Any trip he makes outside of the UK could trigger a new AP timeline... and he'll start all over again.

You, however, can visit him.

Ian

Moxie

Jul 21st 2011 1:06 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by glasgow1 (Post 8931878)

Secondly, has anyone (UK Citizen) been in AP for more than 6 months? (understanding that each applicant is different).

I know someone who was told they were approved at their interview Feb 2010 and as of Nov 2010 had still not heard anything. Don't know the outcome because they dropped off the message boards.
White, British male, born and raised in the UK, no travel to middle eastern countries, very English name. In those 8 months he never got a clue what the hold up was.

suomar

Jul 21st 2011 1:14 am

Re: Administrative Processing - 6 months!

Ian, where do you get your information from?
'Could trigger AP all over again'?
Thx

suomar

Jul 21st 2011 1:21 am

Re: Administrative Processing - 6 months!

@gnasher12 - that's good to hear but u r female so that might have helped.
We have been married 10 yrs, 2 kids, clear cut case. Hopefully it will come through soon.
The ppl who stop off the board hopefully got it within a year!

suomar

Jul 21st 2011 1:23 am

Re: Administrative Processing - 6 months!

I meant dropped...my Droid makes my spelling so bad! :)

jeffreyhy

Jul 21st 2011 3:00 am

Re: Administrative Processing - 6 months!

A "visiting visa" allows a stay of up to 6 months (or 180 days, I'm not sure which) at the discretion of the CBP officer who grants entry. Perhaps your friend was referring to entry under the visa waiver program? Other posters have discussed that.

You're not toing to get a green card until you leave the USA and return using an immigrant visa.

Regards, JEff

Quote:

Originally Posted by glasgow1 (Post 8931878)

I had a chat with a friend who is now in the US and he mentioned to me that I could go to the US on a visiting visa (3months) and then wait for my green card there. Is this possible?

suomar

Jul 21st 2011 3:44 am

Re: Administrative Processing - 6 months!

He wud travel on VWP with approved ESTA application. He wud come for 3 weeks and go back as he has a job and needs to collect his immigrant visa once its approved. Hopefully CBP wud not turn him back. He also has a job offer with same company in U.S. but course he can't work without the visa.

ian-mstm

Jul 21st 2011 4:36 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by suomar (Post 9509308)

We have been married 10 yrs, 2 kids, clear cut case.

I'm afraid there's no such thing as a "clear cut case" when it comes to US immigration. That your husband is in AP is evidence of that.

Ian

suomar

Jul 21st 2011 4:42 am

Re: Administrative Processing - 6 months!

It is a clear cut case, problem is with all the red tape and beaurocracy and incompetence!!

ian-mstm

Jul 21st 2011 5:02 am

Re: Administrative Processing - 6 months!

Quote:

Originally Posted by suomar (Post 9509295)

Ian, where do you get your information from?
'Could trigger AP all over again'?

I remember a guy a years ago who was in AP. He had to travel to the US for business and was really upset when he was told that his absence caused a "gap" in their records and they had to redo all the background checks again. I believe he'd already been waiting 6 or 8 months at that point, and it started over again. I think it finally cleared a few months later.

Will this happen to your husband? There's no way to know... but it could.

Ian

suomar

Jul 21st 2011 1:11 pm

Re: Administrative Processing - 6 months!

Surely there should be a way to know. Are the DOS 'visa specialists' who can check his case status told me his AP woud not be affected and he cud travel while waiting lying?
It tool me exactly a day to get my visa to the u.k. They are carrying things s bit to far just via his name is so generic. It should not take months to verify he is not a criminal.

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