Administrative Processing

[Edwardpros 0]

Hello house,

 

Can somebody tell me how long is it going to take if your visa application is under Administrative Processing?

 

My interview was denied few months back and immediately filed an appeal but I'm afraid if this will take forever.

 

I'll appreciate any kind reply.

 

Regards.

[payxibka 10,044]

25 minutes ago, Edwardpros said:

Hello house,

 

Can somebody tell me how long is it going to take if your visa application is under Administrative Processing?

 

My interview was denied few months back and immediately filed an appeal but I'm afraid if this will take forever.

 

I'll appreciate any kind reply.

 

Regards.

Not predictable 

[SalishSea 16,772]

53 minutes ago, Edwardpros said:

My interview was denied few months back and immediately filed an appeal but I'm afraid if this will take forever.

There is no appeal for K-1 consulate denial however.

[Boiler 43,436]

Normal for it to be sent back to die, seems 6 months or so before the petitioner is notified.

[payxibka 10,044]

51 minutes ago, Jorgedig said:

There is no appeal for K-1 consulate denial however.

Really?  Once it leaves the consulate maybe but never say never. 

Edited October 22, 2019 by payxibka

[SalishSea 16,772]

8 minutes ago, payxibka said:

Really?  Once it leaves the consulate maybe but never say never. 

Okay, well it is not standard practice.  

[payxibka 10,044]

Just now, Jorgedig said:

Okay, well it is not standard practice.  

Agreed, but it's happened and I know first hand 

[jan22 2,898]

21 minutes ago, payxibka said:

Agreed, but it's happened and I know first hand 

You may think you know -- but if you're actually talking about a visa denial (and not a petition return), then -- sorry --  that's wrong.  There is no appeal of the denial of any visa.  There can be an appeal of a petition denial or review/reaffirmation of a petition that has been returned, but there is no procedure for appealing the denial of a visa.

Edited October 22, 2019 by jan22

[payxibka 10,044]

4 minutes ago, jan22 said:

You may think you know -- but if you're actually talking about a visa denial (and not a petition return), then -- sorry --  that's wrong.  There is no appeal of the denial of any visa.  There can be an appeal of a petition denial or review/reaffirmation of a petition that has been returned, but there is no procedure for appealing the denial of a visa.

Look at my timeline 

[jan22 2,898]

11 hours ago, payxibka said:

Look at my timeline 

Your time line indicates a denial, a second interview, and then approval.  That does not equate to an appeal of a visa denial.  It indicates there was insufficient information at the first interview or something the interviewing officer wanted/needed to review, that was clarified sufficently for the visa to be issued after a second interview.  (Overcoming a 221g refusal/denial is not an appeal even if it includes a second interview).  Or, it could mean a second interview was requested -- either by you or the intervieweing officer -- and granted, after which the v u sa was issued.  

 

Neither of these scenarios is legally an appeal.  An appeal is a legal process available to all, not just those who are asked for additional information or those who may be granted a second interview to clarify some aspect of their case before the visa is approved.  There is no appeal process/mechanism to address visa denials in US immigration law.  For example, there is no provision in the law that gives everone the right to request a second interview.  It may look like I'm only getting picky about how something is labelled, but specific terms are important in the immigration process and can confuse issues when applied incorrectly.

 

 

[payxibka 10,044]

3 minutes ago, jan22 said:

Your time line indicates a denial, a second interview, and then approval.  That does not equate to an appeal of a visa denial.  It indicates there was insufficient information at the first interview or something the interviewing officer wanted/needed to review, that was clarified sufficently for the visa to be issued after a second interview.  (Overcoming a 221g refusal/denial is not an appeal even if it includes a second interview).  Or, it could mean a second interview was requested -- either by you or the intervieweing officer -- and granted, after which the v u sa was issued.  

 

Neither of these scenarios is legally an appeal.  An appeal is a legal process available to all, not just those who are asked for additional information or those who may be granted a second interview to clarify some aspect of their case before the visa is approved.  There is no appeal process/mechanism to address visa denials in US immigration law.  For example, there is no provision in the law that gives everone the right to request a second interview.  It may look like I'm only getting picky about how something is labelled, but specific terms are important in the immigration process and can confuse issues when applied incorrectly.

 

 

I apologize your honor if I used a term out of place.  The denial was not 221g in need of additional documentation.   It was a denial stating the applicant was ineligible for the visa, the petition is being returned to the USCIS, don't inquire with us about this as all further correspondence needs to be with the USCIS.   I successful "appealed" to the Consulate General to review the Visa decision and detailed out where I thought the CO failed procedurally.   After a few rounds, it was agreed to a second interview with a different officer.  Call it an "appeal" within the standard definition of the term or that I successfully convinced them to reconsider.   Tomato, tomatoe

 

 

[DAWme 5]

16 hours ago, payxibka said:

Look at my timeline 

what was the basis of your initial denial? how did you ask USEM to reconsider, what did you tell them? PM me pls if you feel more comfortable that way. thanks