The 2010 London Waiver List

[treehugger 23]

The above figures show a slowdown of cases being completed, as the average over the last 7 months is 5 cases per month, however the average over the last 3 months has only been 3.33 cases per month, showing that they have slowed down the completion rate by 1.7 cases per month.

I noticed that we have our first 2010 case now showing up so I certainly hope that they will start to pickup speed again as this slowdown is very upsetting for all involved, yes there are people in AP and this is also very bad indeed, however if you look at some of the entire timescales that some people have been waiting, including their K1/K3/Waiver applications this is many years of waiting not just the average waiver time period.

We are all hurting both in the I-601 waiver and AP sections of this site, I do not think it is in anyones interest to compare waiting times or hardship, as every case is different and we never know all the facts behind each cases, we only know what people are prepared to disclose on VJ, I do not think anyone will want to say that their partner to be was a former junkie or rapist etc etc.. so I think we should just focus on our own cases, and moan to each other as needed... but the one we all have in common is that the good old USCIS and the US government are the ones to blame for keeping us apart from our loved ones.

Anyway sermon over... I hope everyone looks forward to the next update which may be Friday but is looking like the following Friday 28th May 2010.

Take care everyone

Andrew

Not good at all

I'm really sorry if I came across as saying that Waivers had it easier - I'm well aware that most have been waiting for a very long time indeed (much longer than I) and that the very nature of applying for a waiver in the first place is quite stressful as there's a possibility that it might not be approved...whereas even AP have quite a high approval rate. I'm grateful you've all welcomed me in here, and the reason I come here is because we're all in the same boat. I'm not really comparing AP and waivers, I was just upset that someone who's not in this boat seemed to make light of what really is an incredibly stressful situation for all concerned, whether waivers or AP. I've been more frustrated than usual as now we've approached the 90 day mark that 99% of all cases are resolved within we really are in no man's land.

Anyway - here's hoping that this Friday you all get some good news :thumbs:

[treehugger 23]

Sorry. I was trying to be supportive.

Sorry mate. As Andrew says - there's a lot of stress and frustration flying around, and as I'm about to hit the one milestone we have I'm even more discouraged

[Andrew-Traci 5]

Hi Traci. anything to help - in March, I received a letter by post concluding my I-212 and was told that DOS had been informed (no mention of AP) and no request then for my passport, all I heard from then until now was that my case was still under review,. I think my case, while not being too complicated, still required further clarification between departments and wouldn't cite it as typical so please dont think that your one will take as long from the decision, as all cases are different. I have been in turn, hopefull, depressed and distraught over this delay but I must tell you that when you get this news all of that melts away and you forget it very quickly so please bear up and I'm sure that your time will come soon.

Thanks so much for the info. It helps to have any insight into this process as people tend to just disappear after their case is completed (can't blame them really) I am soooooo happy for you !! I can not wait to feel the same elation and relief that you must be feeling now!!! I know it's coming...I just want it now!!

[treehugger 23]

Thank you Tree.. and I truly wish you all this joy..and soon. I will keep you all posted too

Thanks I hope we ALL get out of here soon. Let us know how things go

[Andrew-Traci 5]

Not good at all

I'm really sorry if I came across as saying that Waivers had it easier - I'm well aware that most have been waiting for a very long time indeed (much longer than I) and that the very nature of applying for a waiver in the first place is quite stressful as there's a possibility that it might not be approved...whereas even AP have quite a high approval rate. I'm grateful you've all welcomed me in here, and the reason I come here is because we're all in the same boat. I'm not really comparing AP and waivers, I was just upset that someone who's not in this boat seemed to make light of what really is an incredibly stressful situation for all concerned, whether waivers or AP. I've been more frustrated than usual as now we've approached the 90 day mark that 99% of all cases are resolved within we really are in no man's land.

Anyway - here's hoping that this Friday you all get some good news :thumbs:

Ahhh Treehugger you're always welcome here

Understand your frustration - Heaven forbid we are still here, but the 30th of this month will mark 200 days since we made it onto the waiver list...

I promise to send you something good if you are still in AP if you promise to send me something (perferably alcoholic) to dull the pain. Hang in there - Together we will all find our way out of this hell hole..

[JustJ 0]

JonnyQuest, thanks for the support. I knew you were trying to be helpful, and I appreciate it. It was really nice of you.

Tree, vent away. That's what our thread is for. Anybody who has spent even ONE DAY of separation due to immigration issues, be it waiting for an interview, AP, waiver, deportion, or whatever, has experienced some degree of frustration. All we really want is to be with our loved ones and begin a life together. I often think to myself that there are sooo many others worse than I. I read a horror story about a man of Mexican birth who was brought here from age 2. He didn't even speak Spanish. Married an American citizen, had a family, built a business. He never took the steps to become legal and they finally caught up with him and deported him back to a country he hasn't seen since age 2. While some people may say that he got what he deserved, I just plain feel BAD for him. No matter what anyone says, he and his family are suffering at this time. And I don't like suffering in any form.

Andrew, as always, thank you for your snappy analysis of the latest update. I would expect to see a mammoth update shortly. I really think these things sit in "completed" status on a pile until a final signature is added. Until that occurs, however, they can't be added to the completed line.

And last, but not least....I wanted to extend a HUGE congratulations to C2C, who has waited patiently and optimistically for SO long. I hope you'll come back to visit us often, but if you put all of this mess behind you, I certainly wouldn't blame you.

C O N G R A T U L A T I O N S

Edited May 19, 2010 by JustJ

[treehugger 23]

Ahhh Treehugger you're always welcome here

Understand your frustration - Heaven forbid we are still here, but the 30th of this month will mark 200 days since we made it onto the waiver list...

I promise to send you something good if you are still in AP if you promise to send me something (perferably alcoholic) to dull the pain. Hang in there - Together we will all find our way out of this hell hole..

Awww, thanks Traci, both for the welcome and the good wishes

200 days on the 30th?!? Does Andrew even get a response to his letters? Is a lawyer an option?

I called DOS a short while ago (yes, I like to torment myself) and the lady was very polite and helpful, but I asked her a straightforward question (one of many) and she answered that she was not at liberty to give that information, and I just couldn't help myself and say 'even though it's my information!?!'

Never mind, it's almost Friday, and hopefully there'll be good news

[treehugger 23]

Tree, vent away. That's what our thread is for. Anybody who has spent even ONE DAY of separation due to immigration issues, be it waiting for an interview, AP, waiver, deportion, or whatever, has experienced some degree of frustration. All we really want is to be with our loved ones and begin a life together. I often think to myself that there are sooo many others worse than I.

I wanted to extend a HUGE congratulations to C2C, who has waited patiently and optimistically for SO long. I hope you'll come back to visit us often, but if you put all of this mess behind you, I certainly wouldn't blame you.

C O N G R A T U L A T I O N S

I just want to second everything you've said in your post - but especially the above :yes:

Fingers crossed that we all get the best of news soon

[Traci - Andrew 14]

I am glad we are all friends again !! and that we can all come together on a united front against being separated from our loved ones.

Lets hope the USCIS can pull another update out of their pile requiring signatures for Friday

Take care everyone and thanks for all the nice & positive comments

Andrew

[city2countrygirl 0]

JonnyQuest, thanks for the support. I knew you were trying to be helpful, and I appreciate it. It was really nice of you.

Tree, vent away. That's what our thread is for. Anybody who has spent even ONE DAY of separation due to immigration issues, be it waiting for an interview, AP, waiver, deportion, or whatever, has experienced some degree of frustration. All we really want is to be with our loved ones and begin a life together. I often think to myself that there are sooo many others worse than I. I read a horror story about a man of Mexican birth who was brought here from age 2. He didn't even speak Spanish. Married an American citizen, had a family, built a business. He never took the steps to become legal and they finally caught up with him and deported him back to a country he hasn't seen since age 2. While some people may say that he got what he deserved, I just plain feel BAD for him. No matter what anyone says, he and his family are suffering at this time. And I don't like suffering in any form.

Andrew, as always, thank you for your snappy analysis of the latest update. I would expect to see a mammoth update shortly. I really think these things sit in "completed" status on a pile until a final signature is added. Until that occurs, however, they can't be added to the completed line.

And last, but not least....I wanted to extend a HUGE congratulations to C2C, who has waited patiently and optimistically for SO long. I hope you'll come back to visit us often, but if you put all of this mess behind you, I certainly wouldn't blame you.

C O N G R A T U L A T I O N S

Thank you Julie, I only wish you could all be in my situation now, its funny but I had started to feel like it would NEVER happen and in that respect TREE was right, the call did come when I least expected it, I didn't even answer the phone I was busy and let it go through to the answermachine then scrambled like mad when a message was being left. I couldn't believe my ears, they were pounding so much I thought it was a 'wind up' until he gave me the number to call the courier service.. it could happen any time, and it will and this whole mess will be behind you and Andrew and Traci and Tree and all you other hopers out there. dont give up and I will visit again often I'm sure

[Traci - Andrew 14]

Hi everybody...

I have emailed some questions to an Immigration Lawyer (Steven D. Heller) whom is based in Brighton in the UK, he is a US Citizen and has previously worked as an adjudicator for the USCIS at the London US Embassy. So this will be as close as we can get to an insiders view of what happens behind the scenes by someone who held an adjudicators position

These are the Questions I asked along with his responses:

1. Could you please explain the process behind the scenes for “Pending”, “Under Review” & “Completed”, i.e. what happens from the time the file is recorded on the waiver list until it is completed and what is carried out at what stage in the process?

A1. As you probably know, the processing of a 601 waiver application starts with the assembly and review of the application by the Immigrant Visa Unit in the Consular Section. This can take some time. The application is then presented to USCIS. Once it is received by USCIS, it is identified as "pending."

If there is an A-file associated with a case USCIS will request to file from the US. Generally, the application will not be adjudicated whilst the A-file request is pending.

Cases are not necessarily adjudicated in the order they are received because there may be cause for delay or cause to expedite (see below). Once a case is assigned to an adjudicator, it is listed as "under review." This can take some time as some cases may required legal or factual research or additional information from the applicant.

After a final decision is made it is identified as "completed."

2. How many adjudicators work in the US London Embassy and do they do all the work or do they have other staff working for them?

A2. Currently, there are two USCIS adjudicating officers (one of whom is also the office director). They handle everything themselves (no small task, really; when I worked there we had 4).

3. Why can there be several weeks without any cases completing and yet at other times lots of cases completing in a short period, why does this occur?

A3. As every case is different, the adjudication process can vary. Some cases are easier than others. Staffing obligations, such as performing military naturalisations, addressing other pending applications, liaison activities, or the well-earned holiday can affect processing times.

4. Is there anything an applicant can do to check on the status of their case other than call the £1.50 per/min line in Scotland?

A4. Not really. See 1.

5. Is there anything an applicant can do to try to escalate a timescale issue? And if so will it prejudice their case?

A5. As with other types of applications, cases can be expedited for good cause (e.g. Health reasons). When requesting an expedite, one should be able to document the cause for special handling. There is no prejudice for requesting an expedite, but if it were based on fraud, that would be a negative discretionary factor (see my article).

6. What is the normal I-601 waiver timescale for a case with a few minor and over 25 years old CIMT’s and a immigration fraud charge for not ticking the yes box on the Visa Waiver form for CIMT’s?

A6. There's really no baseline. A simple CIMT that occurred 25 years ago could be handled quite quickly. Once you need to establish extreme hardship, it really depends on the totality of the circumstance--and, most importantly, the hardship.

7. Are there any special dates or holidays when processing speeds up or slows down and why?

A7. Unofficially, I think there is always a desire to identify approvable cases for Christmas and Thanksgiving.

8. Is an average of 3.3 to 5 completed cases a month considered a good or bad average, and what should the average be? Is there any targets?

A8. I don't recall having any targets. Because of the unique nature of each case, and the various staff responsibilities (see 3) I think it is impossible to suggest an average.

9. Once a case is completed what reasons could there be for it to be put in to AP?

A9. AP?

10. What information does the adjudicator have to gather that takes all this time, considering that all original police records, court records and police certificate were handed over with the waiver documentation?

A10. See 1. It's really case-by-case. It could be for corroboration of a stated hardship (e.g. Availability of needed medical treatment; child custody order for previous marriage; financial information). Such delays can often be avoided if you have a decent US immigration lawyer working on your behalf. The key is the hardship to the US spouse.

I would like to backup what Steven said in his answer to question 10, If you are going to go through this waiver process, then this is probably one of the most important decisions that is life changing, therefore I would highly recommend a immigration lawyer to make sure everything is ticked, crossed and dotted in the right place otherwise it costs you time and maybe a relationship.

I can not personally recommend Steven Heller or his Immigration law practice as I have my own Lawyer based in the USA, however from first impressions Steven is someone whom communicates quickly, which is more than my lawyer does, I have to send several emails before I get an answer, he has also been a USCIS adjudicator at the London US Embassy, so whom better to represent you than someone whom knows how the USCIS adjudicators tick? anyway that is my opinion, and if you find yourself requiring a waiver then you could do a lot lot worse than use Steven Heller.. here is his details for contacting him about waivers or visa work, please do not abuse the email address for asking a whole lot of questions as his time is money and he will get fed up very quickly if everyone starts to bombard him with questions.

Steven D. Heller

US Immigration Lawyer in the UK

The Brighton Forum

95 Ditchling Road

Brighton BN1 4ST

Tel. 01273 409550

Fax. 01273 371063

Email. sheller@us-visa.co.uk

US-Visa Website

Anyway I hope the above helps answer some of your questions, these were the points that come to mind and I even tried an AP one just in case he knew.. but he did not have an answer for that.

Here is a link to the email that I sent: Questions Email

And here is the reply I received: Answers Email

Take Care

Andrew

[JustJ 0]

Andrew, thank you for that! EXTREMELY interesting and valuable information. I am grateful to you and to Mr. Heller for answering your questions.

Were you surprised that the field office only has 2 adjudicators? And one of them also serves in another capacity-director. It does put things in perspective, doesn't it? Not that it makes me feel any better, but it gives me a much clearer picture of the heavy work load that they must have.

I'd imagine since we've been waiting "under review" for so long, they have decided they need more information, and so they put our files on hold and moved some new ones up from pending. Ours will be looked at again when the information comes in. Just wish I knew what it was they were waiting for. Ours should be fairly simple - crime is over 15 years old, and we weren't officially charged with misrep. I'm not even sure we had to prove hardship, but we sent everything just in case.

So with only 2 people working, when one goes on holiday, it leaves only one.

[Traci - Andrew 14]

Andrew, thank you for that! EXTREMELY interesting and valuable information. I am grateful to you and to Mr. Heller for answering your questions.

Were you surprised that the field office only has 2 adjudicators? And one of them also serves in another capacity-director. It does put things in perspective, doesn't it? Not that it makes me feel any better, but it gives me a much clearer picture of the heavy work load that they must have.

I'd imagine since we've been waiting "under review" for so long, they have decided they need more information, and so they put our files on hold and moved some new ones up from pending. Ours will be looked at again when the information comes in. Just wish I knew what it was they were waiting for. Ours should be fairly simple - crime is over 15 years old, and we weren't officially charged with misrep. I'm not even sure we had to prove hardship, but we sent everything just in case.

So with only 2 people working, when one goes on holiday, it leaves only one.

Thanks Julie

I think that it should make us all feel a bit better knowing that there are only 2 people max that can adjudicate our cases, because before I was under the impression that a large office/embassy like London would have had about 5 or so people abale to adjudicate, therefore it was a lot harder to swallow the waiting period, however knowing that they have only 2 people and only 1 when there is a holiday or the director has to do some other duties, it now makes a bit more sense about the delays we have all encountered.

It does not make us feel great that they used to have 4 adjudicators and now they have 2, this begs the question "Why" have they reduced the staff level when they must have doubled the number of applications? but at least we can now understand a little bit more from behind the scenes.

Take care

Andrew

[JustJ 0]

My congressman's office called. Our file is no longer in London. It is back at the visa unit in Dublin. I'm trying not to be excited about this. Do you think a denial letter would come from London or Dublin?

[Rebecca Jo 1,962]

My congressman's office called. Our file is no longer in London. It is back at the visa unit in Dublin. I'm trying not to be excited about this. Do you think a denial letter would come from London or Dublin?

Have you looked on immigrate2us.net to see if there is any anecdotal pattern to this?