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CONSULAR PROCESSING AND ADMINISTRATIVE PROCESSING ISSUES

December 15, 2016

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CONSULAR PROCESSING AND ADMINISTRATIVE PROCESSING ISSUES

December 15, 2016

 

Consular Processing

 

Many clients experience difficulties when attempting to communicate with U.S. consular posts around the world.

These are a few pointers for addressing case-specific questions and problems:

 

Contact the Post Directly: For most questions, it will be necessary and appropriate to contact the post directly. Contact information should be available on each individual embassy or consulate website. The following inquires can be made with the post:

  • Requests to review factual determinations, including a refusal under INA §214(b);

  • Requests for case status updates;

  • Legal questions where the consular officer has not yet reached a final determination on eligibility (except in T visa, U visa, diversity visa, adoption, CSPA, and VAWA cases as described below);

  • Matters involving visa appointment scheduling;

  • Requests for status on a Security Advisory Opinion;

  • Explanation of a refusal, revocation, or cancellation; and

  • Requests to substitute priority dates or assign an old priority date to a new petition.

Most posts have a dedicated e-mail box as the preferred method of attorney contact. The inquiry should be submitted with the following information:

  • Subject line that clearly indicates the nature/purpose of the communication and whether the matter is urgent;

  • Applicant’s full name;

  • Applicant’s case number (NVC number for IV cases; passport # + USCIS receipt # for NIV cases);

  • Applicant’s date of birth; and

  • Brief description of the benefit requested and the reason for the inquiry

 

If post does not respond to the inquiry within 30 days, please contact your employer/attorney who can then follow-up on the inquiry.

 

Administrative Processing:

Many clients applying for visas at United States consular posts encounter a situation in which the client’s visa application is held for administrative processing. The reason for administrative processing is usually not clear, and the timetable for completion is not known in advance.  Consular officers do not generally reveal to visa applicants the specific reason for administrative processing in a given case.

 

Administrative Processing Timetables

 

Clients whose visa applications are subjected to administrative processing can be advised that their case will likely be resolved within two months of the visa interview. There are instances, particularly those involving security clearances in which Consular Officers are bound by law or interagency agreement to send a case for administrative processing every time an individual applies for a visa.

 

Follow-up on an administrative processing case

 

The DOS Administrative Processing webpage states that before making inquiries about the status of administrative processing, applicants or their representatives will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

First, the consular post where your client was interviewed should be contacted. If no timely response is received from the consular post after two attempts, follow up with the consular post with a status inquiry.

 

Please contact your employer/attorney for following up with regards to administrative processing.

 

Stay tuned to www.emandilaw.com for latest updates and news on immigration.

 

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