Received a letter from the USEM in Manila

[JMPM 507]

I got a letter that states that my wife's visa application will be cancelled since it's been a year since the response was given the problem is she has been here in the United States for a year already. 

 

She got issued a visa and already got her green card. 

 

Embassy of the United States of America Manila, Philippines

Date: 27 Nov 2020

Address

 

 

Dear name:

He refer to your application for an immigrant visa. Section 203(9) of the Immigration and Nationality Act requires that your application be canceled and any petition for you be canceled if you do not apply for your immigrant visa within one year of being advised to do so.

You were advised of this requirement on the date shown below, but we have not received a response from you since then. a result, you are hereby notified that your application for a visa has been canceled and any petition for you bas also been canceled.

Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigration visa application was due to circumstances beyond your control.

When communicating with this office either by telephone or letter, please provide your name and case number exactly as shown in this letter.

Sincerely,

Immigrant V Branch

Case Number: MNLxxxxx

Name (P) :  name here 

Date Notification Was Sent: 01 Nov 2019

(TERMIT-2)

 

 

(Edit there's copy and paste errors from the OSR scan)

Edited December 28, 2020 by JMPM

[Chancy 6,241]

22 minutes ago, JMPM said:

She got issued a visa and already got her green card. 

 

What??  USEM issued her a visa and now they are claiming that she never applied for it?!

 

[JMPM 507]

13 minutes ago, Chancy said:

 

What??  USEM issued her a visa and now they are claiming that she never applied for it?!

 

It's weird I know. I even have emails from the embassy when the visa was late to the courier. 

 

I emailed them to see what's up. 

[PWB 213]

They did the same to us on two occasions claiming no Medical Records from St Lukes, when in fact they acknowledged they had the Medical Records,  but returned her passport anyway telling her to take a third physical.  Same problem with NBI's.  There must have been some staff turnover at the Embassy that is causing all these mistakes. 

[Chancy 6,241]

19 minutes ago, PWB said:

There must have been some staff turnover at the Embassy that is causing all these mistakes. 

 

That seems likely as there could have been many who repatriated at the start of the Manila ECQs and still have not returned to USEM.  Now the embassy may be scrambling to train new staff to handle the visa backlog.

 

[Adventine 3,201]

Makes me wonder how they are keeping track of issued visas vs pending applications. Surely it's in a database somewhere.  

[JMPM 507]

11 hours ago, Chancy said:

 

That seems likely as there could have been many who repatriated at the start of the Manila ECQs and still have not returned to USEM.  Now the embassy may be scrambling to train new staff to handle the visa backlog.

 

 

11 hours ago, Adventine said:

Makes me wonder how they are keeping track of issued visas vs pending applications. Surely it's in a database somewhere.  

They kinda shunned my inquiry at the embassy via email.. despite saying she's here already with a greencard. She works on her removal of condition later next year. 

[JMPM 507]

14 hours ago, Adventine said:

Makes me wonder how they are keeping track of issued visas vs pending applications. Surely it's in a database somewhere.  

I reached out a congressman's office to help. I even logged into CEAC and looked up my NVC case number it seems like the interview never happened despite having screenshots of every step. So idk if during COVID they had a disgruntled worker, or maybe a system's failure. It's all weird since my wife just got her visa with the the note of IV packet in CCD. My good friend whom is a lawyer but I didn't use her since she said I could do it myself mentioned that it shouldn't matter at this point since USCIS should have all the approval stuff and she was already issued her Conditional GC and has the stamps on her passport. 

I am still a bit worried when it comes to ROC/N-400 that they might dig up this issue. So I kind of want an official explanation that I can reference if it does pop up.

[Chancy 6,241]

6 minutes ago, JMPM said:

I am still a bit worried when it comes to ROC/N-400 that they might dig up this issue. So I kind of want an official explanation that I can reference if it does pop up.

 

I think you're doing the right thing in trying to get official acknowledgement that the letter was sent in error.  With USCIS, you really shouldn't ignore any seemingly trivial issue that could come back to haunt you later and derail the immigration process.

 

[JMPM 507]

On 12/29/2020 at 10:19 AM, Chancy said:

 

I think you're doing the right thing in trying to get official acknowledgement that the letter was sent in error.  With USCIS, you really shouldn't ignore any seemingly trivial issue that could come back to haunt you later and derail the immigration process.

 

Just wanted to follow up. 

I finally got a response from my congressional person. They got a reply and stated that yes indeed my wife got her visa issued, and the letter was erroneously sent that unfortunately that if I have any further concerns that I could email them, but no further action is needed from my part. 

I have saved and printed the email and added it to my document binder for future references.

Just incase if others experience the same. Reach out to the embassy, or congressional leader just give them a timeline of your visa issuance and they'll take it from there. I emailed proof as well the visa/passport, interview letters, screenshots all in the request for help.