any experience on approved I-601 administrative processing ?(merged)

[DAWme 5]

16 hours ago, Hank_ said:

Yup I do understand ...   have not seen many I-601 waivers come through (as in yours may be the 2nd I know of) .. not sure you will get many replies.

 

Wish you all the best ~

Thanks Hank, you are always there to lend support. I will also try and share as much as I could on this experience so that members like you will be able to help a lot more like me. I feel I have so much to share about waiver filing experience but I want to be able to show "proof of concept" first (meaning get my visa issued) so that I know I did things the way that it should be.

[Hank_ 9,173]

10 hours ago, DAWme said:

Thanks Hank, you are always there to lend support. I will also try and share as much as I could on this experience so that members like you will be able to help a lot more like me. I feel I have so much to share about waiver filing experience but I want to be able to show "proof of concept" first (meaning get my visa issued) so that I know I did things the way that it should be.

I would really appreciate that. 

 

Maraming Salamat

[AGSantander 0]

On 9/17/2019 at 2:09 AM, ilovelondon said:

normally,they finished AP in 2 months  after request for additional documents.just be patient

Hi, how did you know of this info? Has it happened like this recently? Im also on the same page- ongoing for 5 wks now since submitting docs. I call every week - and had the case escalated without answer too.

[ilovelondon 22]

2 hours ago, AGSantander said:

Hi, how did you know of this info? Has it happened like this recently? Im also on the same page- ongoing for 5 wks now since submitting docs. I call every week - and had the case escalated without answer too.

my.own experience

[DAWme 5]

Administrative Procedure Act, 5 U.S.C. § 706(1): 

Agency Action Unreasonably Delayed or Unlawfully Withheld   

The APA Act requires agencies to “proceed to conclude a matter presented” to the agency “within a reasonable time.” 5 U.S.C. § 555(b).

 

 Foreign Relations Authorization Act, Fiscal Year 2003

 Pub. L. 107–228, Div. A, title II, §233

Processing of Visa Applications

Section 233, states "It shall be the policy of the Department to process each visa application from an alien classified as an immediate relative or as a K–1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service." 

[Ontarkie 13,918]

~~Multiple threads merged, and all duplicate threads removed. Do not post your questions in other members threads and do not start more than one thread on this topic. Keep all further questions for this topic in this thread only. If you continue to spam the boards your account will be suspended.~~

[Unlockable 7,306]

28 minutes ago, DAWme said:

Administrative Procedure Act, 5 U.S.C. § 706(1): 

Agency Action Unreasonably Delayed or Unlawfully Withheld   

The APA Act requires agencies to “proceed to conclude a matter presented” to the agency “within a reasonable time.” 5 U.S.C. § 555(b).

 

 Foreign Relations Authorization Act, Fiscal Year 2003

 Pub. L. 107–228, Div. A, title II, §233

Processing of Visa Applications

Section 233, states "It shall be the policy of the Department to process each visa application from an alien classified as an immediate relative or as a K–1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service." 

That law does not state that the interview and decision has to be made within 30 days. It says "process" within "30 days of of receipt of all necessary documents....". The key word here is process... not interview... not approval or denial decision... but process. 

[DAWme 5]

Just now, Unlockable said:

That law does not state that the interview and decision has to be made within 30 days. It says "process" within "30 days of of receipt of all necessary documents....". The key word here is process... not interview... not approval or denial decision... but process. 

Precisely "process", they continually say your case is undergoing administrative PROCESSING they are not saying it is pending decision or approval..

[DAWme 5]

@Ontarkie please feel free to delete duplicates as I am not sure which board my concern belongs as it falls under multiple categories. thank you

[Unlockable 7,306]

5 minutes ago, DAWme said:

Precisely "process", they continually say your case is undergoing administrative PROCESSING they are not saying it is pending decision or approval..

You are confusing administrative process with processing. Those are two different things. There are no such time limit laws for administrative processing.

[payxibka 10,044]

A policy is an informal guideline of an intention of what is to be done, not a hard and fast mandate of what will be done.  Policies are not law.

[DAWme 5]

4 minutes ago, Unlockable said:

You are confusing administrative process with processing. Those are two different things. There are no such time limit laws for administrative processing.

Tomato, tomatoes

[DAWme 5]

I don't think a law inked and passed by the 107th US Congress can be construed as a simple policy. And as it is read, FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003 Section 233 Processing of Visa Application very explicitly. One cannot argue that administrative processing is not part of the visa application process as it is undertaken only after an intending immigrant lodge an application for the visa and before decision making hence it is part of "processing".

[payxibka 10,044]

12 minutes ago, DAWme said:

I don't think a law inked and passed by the 107th US Congress can be construed as a simple policy. And as it is read, FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003 Section 233 Processing of Visa Application very explicitly. One cannot argue that administrative processing is not part of the visa application process as it is undertaken only after an intending immigrant lodge an application for the visa and before decision making hence it is part of "processing".

Reread the part that says, Section 233, states "It shall be the policy......."

[DAWme 5]

15 minutes ago, payxibka said:

Reread the part that says, Section 233, states "It shall be the policy......."

Yes, I get that, but being that the law says "IT SHALL BE the policy..." it does not leave the agency any option, it cannot be ignored, correct?