Getting the Passport back during the Administrative Processing

[lk27 0]

Hello,

 

My husband and I had our EB2 visa interview mid July in Montreal. My husband is the main petitioner and his visa was approved right away and got the passport back, but my case was put on an administrative processing since then. It's been extremely frustrating to say the least since we just don't know what's happening and how much longer we need to wait. At the end of the interview, the interviewer said that my case may take 3 weeks instead of 2 weeks to check the record but we both got green slips, and they never asked for any additional documents either. We both got our master's degrees in US and worked and lived in US prior to the interview. I have not been able to return to work and my home for over 3 months now, and I also have a toddler son waiting back home too. I'm wondering if anyone has had similar experience at Montreal and have any advice for us. I'm also considering asking for my passport back to return to my home in US and wait there. Has anyone tried asking for their passports back in similar situations? What does the process look like? Do they continue the administrative processing even after they return the passport back to us? Also, can I cross the border with the current passport event if they do return it to me? I currently have a valid TN visa. Any advice or help would be much appreciated. Thank you!

[Boiler 43,426]

Could be tricky, TN is a non immigrant visa and the EB2 is obviously immigrant.

 

Why was your AP likely to take longer?

 

Sounds like your husband was the pricipal EB2 and you were the derivative, what about the child?

[USS_Voyager 1,971]

9 minutes ago, lk27 said:

I'm also considering asking for my passport back to return to my home in US and wait there

The Montreal Consulate is the best suited place to get the answer to that, but I believe you won’t be able to do that under these circumstances. Basically yes, you will be able to get the passport back because it’s the property of the Government that issued it, not the US. However I believe the TN visa will be canceled and you may not enter the US until administrative processing is complete. The purpose of administrative processing in this case is most likely to look for inadmissibilities. It will defeat the purpose if they let you enter the US while they are investigating if you have any inadmissibility issues the would prevent you from entering the US. But it’s worth an email to Consulate to ask just that: “I have a baby in the US (assumedly) who is a US citizen who is without both Mom and Dad for 3 months and counting. Can I enter with the TN to tend to the baby?”

 

What I guess happened is your name hit one of the databases for who-know-what. It could be your name is identical to someone on a terrorist watch list, or no fly list, or something like your profession. Do you happen to work in the chemical/pharmaceutical field? How about defense/weapons? I work in the pharmaceutical industry. One of my co-workers went back to India with her husband and had to interview for H1B visa. Both of them came in the same time. The husband (medical doctor) was approved on the spot but my co-worker was put on AP instantly. Her main project was a drug that is also classified as weapon of mass destructions.  It took 60 days for her AP to clear. 

 

 

 

 

[lk27 0]

3 hours ago, Boiler said:

Could be tricky, TN is a non immigrant visa and the EB2 is obviously immigrant.

 

Why was your AP likely to take longer?

 

Sounds like your husband was the pricipal EB2 and you were the derivative, what about the child?

I just don't know how much longer it'll take. They initially said at the interview that it could take upto 3 weeks, and then we were caught by the retrogression. It's October and we're current again but there hasn't been any update, so I'm trying to see if there's any other option than just waiting.. My son was born in US so he's a US citizen.

[lk27 0]

3 hours ago, USS_Voyager said:

The Montreal Consulate is the best suited place to get the answer to that, but I believe you won’t be able to do that under these circumstances. Basically yes, you will be able to get the passport back because it’s the property of the Government that issued it, not the US. However I believe the TN visa will be canceled and you may not enter the US until administrative processing is complete. The purpose of administrative processing in this case is most likely to look for inadmissibilities. It will defeat the purpose if they let you enter the US while they are investigating if you have any inadmissibility issues the would prevent you from entering the US. But it’s worth an email to Consulate to ask just that: “I have a baby in the US (assumedly) who is a US citizen who is without both Mom and Dad for 3 months and counting. Can I enter with the TN to tend to the baby?”

 

What I guess happened is your name hit one of the databases for who-know-what. It could be your name is identical to someone on a terrorist watch list, or no fly list, or something like your profession. Do you happen to work in the chemical/pharmaceutical field? How about defense/weapons? I work in the pharmaceutical industry. One of my co-workers went back to India with her husband and had to interview for H1B visa. Both of them came in the same time. The husband (medical doctor) was approved on the spot but my co-worker was put on AP instantly. Her main project was a drug that is also classified as weapon of mass destructions.  It took 60 days for her AP to clear. 

 

 

 

 

Thank you for your detailed response! At the interview, the interviewer asked me if I had stayed in the US longer than I should have, and I told her no (because I was always under a valid visa through my entire stay in US) and gave her a brief history of my visa changes from F1 to OPT to TN. She didn't seem worried and casually told me that these things can be processed very quickly and that she'd try to expedite my case for us. I work at a university as a vocational counselor and have always worked in the Education sector and never in the areas that you're mentioning.. It's just been so frustrating not being able to return to home, family, and work for so long, and I might lose my job if this doesn't get resolved soon. We'll try sending another email to the Montreal Consulate and see what they say. So far, their responses to our emails have not been helpful in any way.. Thank you again!

[CycleSS 8]

18 hours ago, Boiler said:

Could be tricky, TN is a non immigrant visa and the EB2 is obviously immigrant.

 

Why was your AP likely to take longer?

 

Sounds like your husband was the pricipal EB2 and you were the derivative, what about the child?

As far as I am aware when you entered the consulate for your interview your TN visa was no longer valid.  That is one reason it is recommended to do consular processing when a spouse is on a TN.  As weird as it is, it is showing you had intent to leave the USA.

[CycleSS 8]

On 10/17/2019 at 9:24 PM, lk27 said:

Thank you for your detailed response! At the interview, the interviewer asked me if I had stayed in the US longer than I should have, and I told her no (because I was always under a valid visa through my entire stay in US) and gave her a brief history of my visa changes from F1 to OPT to TN. She didn't seem worried and casually told me that these things can be processed very quickly and that she'd try to expedite my case for us. I work at a university as a vocational counselor and have always worked in the Education sector and never in the areas that you're mentioning.. It's just been so frustrating not being able to return to home, family, and work for so long, and I might lose my job if this doesn't get resolved soon. We'll try sending another email to the Montreal Consulate and see what they say. So far, their responses to our emails have not been helpful in any way.. Thank you again!

Hi, did your case ever get resolved from the AP?

[lk27 0]

Nope still waiting.