Missed deadline? Lawyer?

[quibily 2]

Hi, everyone,

 

We are a married couple, a USC (me) and Frenchman living in China.  We did the interview in Guangzhou for CR1 visa last May, but were missing some documents and had no time to get documents early enough before our residence permits expired, so we signed a year-long contract with a Chinese university and planned to get the green card in March this year.   His criminal records and translations that we turned in at the interview all expired in November.  Everything was closed in February, so we weren't able to get the criminal records and their notarized translations until just last month.  However, the consulate we are working with in Guangzhou is still closed, so we can't send them the criminal record forms nor get the medical exam done (they need to give us a code since no interview appointment is needed).

 

After the failed interview, we were given a form that said if we failed to do all that they ask/turn in the forms (I assume that means sending them the forms they requested that we were missing on interview day because those items were what were listed on the form) within a year--by today, basically--that our case would be terminated.

 

Of course, it isn't our fault that we haven't been able to finish everything by now because everything was closed for so long--but we did send the (interview day) missing documents by the deadline.

 

So my questions are:

 

1)  Did we technically miss the deadline because we didn't renew and send the expired documents and take the medical exam again?

2)  Would a lawyer help us get the green card?  Our deadline would be August 12th.  If we can't meet that deadline, the lawyer would not be worth the fees.

 

I also want to note that we have tried many times to contact the consulate in Guangzhou to ask if the deadline will be extended because of the pandemic closing everything, and they have always answered by telling us to wait until they re-open again.

 

I'm sure we're not alone in how the wait and the uncertaintly are really eating away at us.  Any response would be appreciated.  Thanks in advance.

Edited May 24, 2020 by quibily

[payxibka 10,044]

A lawyer cannot change facts and circumstances.   Waste of time and money IMO

[Just Paul 4,591]

On 5/24/2020 at 6:03 AM, quibily said:

Hi, everyone,

 

We are a married couple, a USC (me) and Frenchman living in China.  We did the interview in Guangzhou for CR1 visa last May, but were missing some documents and had no time to get documents early enough before our residence permits expired, so we signed a year-long contract with a Chinese university and planned to get the green card in March this year.   His criminal records and translations that we turned in at the interview all expired in November.  Everything was closed in February, so we weren't able to get the criminal records and their notarized translations until just last month.  However, the consulate we are working with in Guangzhou is still closed, so we can't send them the criminal record forms nor get the medical exam done (they need to give us a code since no interview appointment is needed).

 

After the failed interview, we were given a form that said if we failed to do all that they ask/turn in the forms (I assume that means sending them the forms they requested that we were missing on interview day because those items were what were listed on the form) within a year--by today, basically--that our case would be terminated.

 

Of course, it isn't our fault that we haven't been able to finish everything by now because everything was closed for so long--but we did send the (interview day) missing documents by the deadline.

 

So my questions are:

 

1)  Did we technically miss the deadline because we didn't renew and send the expired documents and take the medical exam again?

2)  Would a lawyer help us get the green card?  Our deadline would be August 12th.  If we can't meet that deadline, the lawyer would not be worth the fees.

 

I also want to note that we have tried many times to contact the consulate in Guangzhou to ask if the deadline will be extended because of the pandemic closing everything, and they have always answered by telling us to wait until they re-open again.

 

I'm sure we're not alone in how the wait and the uncertaintly are really eating away at us.  Any response would be appreciated.  Thanks in advance.

If you failed to contact the consulate within the year they could have sent the petition for storage. That probably didn't happen due to the closures.   I am not sure if the status would ne in CEAC but try there.  Otherwise you have to wait to contact the consulate once it opens and see if you can find out status / where it is.   

 

I'm sure someone will correct me if I am wrong - If it was sent to the USCIS for storage then I think you can file an I-824 to get it resent to the Consulate.  Since you were DCF the first time, I am not sure you would skip the NVC stage.  If it can be sent you would need to do a new DS-260, medical, police clearances, etc.

 

I doubt none of this would be done by August 12th.

 

A lawyer would be a waste of time, money and effort in this case.

 

[quibily 2]

2 hours ago, Paul & Mary said:

If you failed to contact the consulate within the year they could have sent the petition for storage. That probably didn't happen due to the closures.   I am not sure if the status would ne in CEAC but try there.  Otherwise you have to wait to contact the consulate once it opens and see if you can find out status / where it is.   

 

I'm sure someone will correct me if I am wrong - If it was sent to the USCIS for storage then I think you can file an I-824 to get it resent to the Consulate.  Since you were DCF the first time, I am not sure you would skip the NVC stage.  If it can be sent you would need to do a new DS-260, medical, police clearances, etc.

 

I doubt none of this would be done by August 12th.

 

A lawyer would be a waste of time, money and effort in this case.

 

 

We have been contacting the consulate continuously over the past four months, since the consulate closed.

Our case status on CEAC says refused. 

 

It says "A U.S. consular office has adjucated and refused your visa application.  Please follow any instructions provided by the consular officer.  If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing.  You will receive another adjudication once such processing is complete.  Please be advised that the processing time varies and that you will be contacted if additional information is needed."

 

The date this case was updated was May 26th, the deadline given on the paper, so I have to assume this happened automatically and not done by a person.  We received no notification.  Is there anything we can do to change the status?