AP EMERGENCY: NEED ADVICE: Just got screwed by the Embassy - any NYC lawyer suggestions???

[Adnan&Liane 8]

Hi All,

I'll try to be as brief and to the point as possible...

- In October 2012 I wrote to the White House to inquire about our case after being in AP for over a year...for those of you who don't know my husband is a UK citizen and we are processing at the London embassy, but he grew up in Morocco (not a citizen though) and has a muslim last name...received a response at the end of November 2012 informing us the embassy was waiting on his travel history/passports...due to the holidays we submitted these to the embassy on January 15th 2013....we waited and didn't see any activity on the CEAC website since January 25th....I called the DOS semi-frequently to check our status and response was always "still in AP"....I even asked multiple times if they were waiting on any forms and the answer was always no...

- Flash forward to May 04, 2013 - fed up w/waiting I emailed the embassy (w/the proper code) to inquire what was taking so long...no response...still to this day....nothing!

- Called the DOS on May 07, 2013 and by some miracle spoke to someone who *seemed* to know what he was talking about - said the embassy was waiting on updated medical and police certificates and that could be why we were waiting in AP....

- Called the embassy ASAP and mentioned this - they said it's probably just because the forms were expired and they wouldn't request new ones until they were ready to process the visa....told us to wait for email response from the embassy (they never responded). I also double checked that they had our correct contact info because I was worried about not receiving any notices again...which they confirmed they did...

- Contacted Senator Gillibrand's office end of May/beginning of June and they made an inquiry w/the DOS on June 21st

- Received a letter from Gillibrand's office TODAY July 15th informing me that the embassy requested my husband's updated medical and police certificate on JANUARY 22nd 2013 -- which THEY DID NOT -- and since so much time has passed we have been put back into AP and should not submit new medical or police certificate until it is RE-REQUESTED!

This is the SECOND time we DID NOT RECEIVE a notice from the embassy when they said they did - we've triple checked to be sure he is getting his mail, the address is correct, etc.

#######?! Any suggestions on what I should do?! Who I should contact?? I'm ready to get a lawyer - any suggestions for a REALLY GOOD NYC immigration lawyer???? can I sue the embassy? The DOS?

I'll be calling the Senator's office tomorrow to see what else we can do - in the meantime want to find a lawyer asap - possibly file a complaint w/the inspector general of the DOS....any other suggestions?

Here is the official response from the DOS below:

"Embassy records show that Mr. ___ was contacted on January 22, 2013, with a request that he obtain and submit a new UK Police Certificate and undergo a new medical examination with the Embassy's panel physician.

However, due to the time that has passed without a response from Mr. ___, the Consular Officer has determined that additional administrative processing of his application will be required before further action can be taken in his case. This processing is mandatory and cannot be waived or expedited. Whilst we cannot predict when the processing of Mr. ___'s application will be completed, we can assure you that he will be notified as soon as it is.

Please note, Mr. ___ should not obtain a new police certificate or medical report unless they are re-requested by the Immigrant Visa Unit."

[Jawaree 717]

Did U add another email address...they cant say all emails are not being received

maybe you need the ombudsman to sort it out

[Adnan&Liane 8]

I've called the embassy multiple times to confirm that they have my husband's correct contact information - as well as mine - in addition I have contacted the DOS repeatedly and asked if they needed any updated forms (always told no), I've written to the whitehouse (as the first time this happened that is how I found out the embassy was waiting on our travel history - they apparently requested it in October and I discovered this after receiving a response from the DOS in regards to my letter to the Whitehouse at the end of Novemeber)....I've also emailed the embassy w/no response and called them specifically regarding this and was told it was probably just expired forms and the embassy would notify me when they were ready for them...and that I should wait for them to respond to my email - which they never did!

I am LIVID! They are playing games with our lives! This could have all been over MONTHS ago - and now we are back in AP!

[Adnan&Liane 8]

Does anyone have advice or suggestions for good immigration lawyers in NYC???

[carolynhotstuff 252]

Liane in March the embassy in Pakistan requested new documents and a medical from my husband through his email address. I don't know why your embassy has made such a terrible mistake with your case.

I got my lawyer through Catholic Charities. They base their fees on your income. Catholic Charities has offices all around the country. Look them up on line and give them a call.

[Lisa-O 8]

When I was applying for my K1 and now my AOS, I didn't receive notices, I kept myself up to date using my ref numbers on the uscis.gov homepage, the templates of letters that hadbeen sent were there. I don't know if you've been doing this too, or is beyond the standard system they have. I hope it all comes together for you. Good luck

[sandybell 1]

Does anyone have advice or suggestions for good immigration lawyers in NYC???

I seriously don't think lawyer can do anything. My husband case is pending under Ap from last 27 months. I am us citizen and they do not need anythin from us. I did spoke to the lawyer here in CT so i am not far from you. He said that there is nathing he can do.

[sandybell 1]

Liane in March the embassy in Pakistan requested new documents and a medical from my husband through his email address. I don't know why your embassy has made such a terrible mistake with your case.

I got my lawyer through Catholic Charities. They base their fees on your income. Catholic Charities has offices all around the country. Look them up on line and give them a call.

Carolyn I was really busy and finally log on to the site. Carolyn my husband case is still pending. They did ask for medical just like your husband and we send them everything. However, his case is still pending its been 27th month. I am just losing hope at this point.

[NickUSMC 3]

325 Broadway. Emil De Guzman and Associates.

[Luluhilweh 3]

Does anyone have advice or suggestions for good immigration lawyers in NYC???

Hey OP,

Any luck sorting out the issue with the Embassy? I was just wondering because I just saw your last post and Sandy's reply yesterday. I might be able to suggest good legal help if nothing has been resolved yet. Keep us posted- good luck

[Adnan&Liane 8]

Hi All,

Quick update - hoping I'll have more news to share in the coming weeks.... After this awful news I worked w/my senator's office to make a follow up inquiry and provided affadavits stating that we've never received anything from the embassy and timelines for all the times we've reached out to the embassy since their "request"....I'm still waiting on the response and planning to call the senator's office this week to see if there is any news (although we have seen a lot of date updates on the CEAC website - so at least that feels positive)

I also spoke w/a friend of my husband who is an immigration lawyer...she recommended getting a lawyer at this point (not her - so she's not biased) - if we do not hear anything positive from the senator's office, we are going to have a lawyer file a complaint w/the Inspector General's office at the DOS....if after 6 weeks this does not get things moving, then we've been told we have a very good case to file a writ of mandamus....this is our current plan - hopefully it works out sooner - I'll try to post updates after we get more info....thanks for the support all!

[Adnan&Liane 8]

Hi All,

Another quick update - I met w/a lawyer yesterday....he has really good reviews and after our conversation I feel confident that this is the best route and that nothing much would change if I leave it in the hands of the Senator's office... The lawyer says he will take 4 months to work w/the DOS/embassy to get a resolution...if after that time they don't issue the visa we'll take them to court...sounds like a plan to me...

Also - I noticed that there is no longer any way to get ahold of the embassy since the phone number on the consulate's webpage leads you to an automated voice system in Virginia...I dialed every option until I finally got through to a human who was of no help at all. It appears you can no longer even call to get the special code you need in order to email the embassy - so if I can't contact the embassy, and they are saying that they've sent requests for documents but we aren't getting them...then how the heck are we supposed to know? Mind reading perhaps? Further confirmation that it's time to go w/the lawyer....

[savvy.boy 13]

Immigrant Visa Case Number: ISLxxxxxxxxxx 01 ISL
Case Creation Date: 31-Oct-2008
Status Updated Date: 23-Sep-2013
Case Status: ISSUED

Your visa has been printed. Depending on local procedures at the location where you were interviewed, your visa will be mailed or available for pickup soon. If there are further questions, or if we need updated contact information, you will be contacted.

Thank you GOD.
Thank you Consular Officer , who gave us visa.

Thanks to Visa Journey

this is party time for me.
I am going outside , will buy a burger and cold drink.

wow.
amazing.

only 1 day AP.

here it goes,

Interview: 17 September 2013
Result: both were approved , Consular officer said you will get visa within 7-10 days.

Case update: Ready 18-September 2013
Case Update: Administrative processing 21 September 2013
Case Update: ISSUED 23 September 2013