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beverhart

Appealing an nvc expedite request denial.

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Hi, I requested to expedite our case due to my wife being alone raising our newborn son who is a US Citizen (CRBA) but was denied. I didnt really go into detail about how emotionally and physically draining this is on her and didnt bring up the possiblity of a second wave of coronavirus keeping them away from me even longer. Can I appeal this? or Request again with a deeper explanation? She is holding up but its terrible to see her go through this. Any help would be appreciated.

 

Regards,

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Posted (edited)

You can't appeal expedite request decisions. You can request an expedite again. 
 

Bear in mind that there are certain criteria for expedite. Mostly due to medical emergencies and financial hardship. And the emergency and hardship should be to the US citizen/petitioner.... not the beneficiary/foreigner. 
 

Another thing to consider is how Covid has impacted your wife's country's process. They simply not be able to process cases now. There was a person who tried to request an expedite for another country only to find out that cases were not being processed at all at the time.

 

Everyone wants to be with their loved ones so we understand the struggle. But unfortunately, the only thing you can do is ask again. There is no law or policy that says they HAVE to accept your request, even if you Think you have a good enough reason. It may make you feel like you are helpless in this situation but all you can do is ask again.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Came back to say I just realize you mentioned expedite at NVC. Sorry I missed that in my previous reply ( Im on mobile). So the comments about processes may not be occurring in your wife's country does not apply to you at this point. But may apply later on in the process.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: F-1 Visa Country: Kenya
Timeline

I don't think being a "solo parent" is a reason to request an expedite. 

 

Infact, in my opinion, I think it's a blessing to have her family around for support. Starting a new family in a new land is stressful. My two cents 

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I know that each embassy/consulate have their rules on expediting cases. I sent a request for expedite under the same grounds as you tried and my expedite was accepted.  I would go ahead and give it another try but this time be more specific as to why you need (not want) this expedite.

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On 7/31/2020 at 3:17 PM, Timona said:

I don't think being a "solo parent" is a reason to request an expedite. 

 

Infact, in my opinion, I think it's a blessing to have her family around for support. Starting a new family in a new land is stressful. My two cents 

I have come across a range of different reasons for approved expedites and the above reason being one. I think it does depend on the person that is reviewing.

 

However I do agree with an above post that requests with the hardship being centred around the petitioner and not the beneficiary are more likely to be approved.

 

I wish they were more consistent with the way they judge everything but it is what it is.

 

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Filed: Timeline

The general criteria for having a case expedited is the same everywhere.  The apparent difference in approvals is usually because of the situation in the country where the visa interview will take place.  And, the country where the interview will occur is more important now than ever.  NVC does not decide whether a case should be expedited or not.  All they do is pass the request on to the Embassy or Consulate where the interview will take place.  Local issues such as staffing, IV case loads, local laws/regulations/policies on COVID, etc. are considered by the Embassy when they are deciding whether they can approve an expedite request or not.  Countries with lower IV case loads (and, therefore, less chance of a flood of expedite requests), with enough staffing to handle cases even with current staff reductions, with few/no COVID-related issues are more able to approve many expedite requests that Embassies with larger case loads and COVID issues would not be able to approve.

 

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44 minutes ago, jan22 said:

The general criteria for having a case expedited is the same everywhere.  The apparent difference in approvals is usually because of the situation in the country where the visa interview will take place.  And, the country where the interview will occur is more important now than ever.  NVC does not decide whether a case should be expedited or not.  All they do is pass the request on to the Embassy or Consulate where the interview will take place.  Local issues such as staffing, IV case loads, local laws/regulations/policies on COVID, etc. are considered by the Embassy when they are deciding whether they can approve an expedite request or not.  Countries with lower IV case loads (and, therefore, less chance of a flood of expedite requests), with enough staffing to handle cases even with current staff reductions, with few/no COVID-related issues are more able to approve many expedite requests that Embassies with larger case loads and COVID issues would not be able to approve.

 

I think that is one of the reasons my wife case got expedite approval. I dont think they receive that many expedite requests, therefore,  they accepted my request on behalf of my wife.

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