What can be done about stalled multi-year I-130s?

[SalishSea 16,825]

4 minutes ago, Katelyn_Wray said:

I know quite a few people personally who were very poor and living rurally and managed to do it that way. I was living in that exact scenario (rural village, without even running water) when we submitted our application, online, and I figured it out... I just went to the nearest big city, sat in an internet cafe, created our documents, and submitted everything.

You're conflating two things:  the online/mail part of an application and the in-person part of the process.

[Katelyn_Wray 34]

4 minutes ago, Jorgedig said:

DV applicants don't interview and get fingerprinted at the consulate?

They do. They file a DS-260 just like spouses of U.S. citizens, submit documents with NVC, and then go to a consular interview.

4 minutes ago, Jorgedig said:

Why is it a strange concern?  There are practical reasons why candidates for US immigrant visas need to appear in person for an interview.   Just because you can be vetted for jobs in the US remotely, doesn't mean that visa applicants worldwide can be vetted for visas remotely.

Maybe someday, but not in the immediate future.

Your concern stated above was the immigrant's access to wifi and computers to be able to submit documents - you didn't mention being able to vet them properly. That's a fair concern, and if there are concerns around that specific person, or a demographic of applicants from specific areas, then require in person appearance on a case-by-case basis. (honestly though, I'm not sure the in person vetting is doing any more of a thorough job than remote vetting could do in these more rural countries) But don't require it for everyone when it's excessive for most, and especially not for those that could be very easily thoroughly vetted remotely.

[SalishSea 16,825]

Just now, Katelyn_Wray said:

They do. They file a DS-260 just like spouses of U.S. citizens, submit documents with NVC, and then go to a consular interview.

Your concern stated above was the immigrant's access to wifi and computers to be able to submit documents - you didn't mention being able to vet them properly. That's a fair concern, and if there are concerns around that specific person, or a demographic of applicants from specific areas, then require in person appearance on a case-by-case basis. (honestly though, I'm not sure the in person vetting is doing any more of a thorough job than remote vetting could do in these more rural countries) But don't require it for everyone when it's excessive for most, and especially not for those that could be very easily thoroughly vetted remotely.

You've misunderstood.  The topic at hand was the practicality of doing Zoom interviews, and I posted "how would the oath/fingerprints be done via Zoom," to which you replied that it was possible because you've done that for jobs in the US.  So my question was actually pertaining to immigrants in third world countries having access to the type of technology required for the interview/oath/fingerprint part of the process, not just for submitting documents.

 

 

[vtstang66 65]

5 minutes ago, Jorgedig said:

Why is it a strange concern?  There are practical reasons why candidates for US immigrant visas need to appear in person for an interview.   Just because you can be vetted for jobs in the US remotely, doesn't mean that visa applicants worldwide can be vetted for visas remotely.

Maybe someday, but not in the immediate future.

They've already been aggressively vetted by the time they show up for the interview though.  DOS has their history, contacts, criminal records, medical exam, a U.S. sponsor who has provided financial and tax information and sworn to be responsible for them, pictures and records of the relationship, letters of affadavit, and a bunch of other stuff.  They've gone through months of scrutiny by multiple agencies.  What in the world are they hoping to discover during a 15-minute in-person interview that they haven't already seen, or can't discover via zoom or through a sheet of plexiglass (which as you noted, they had all along)?  If they're worried about covid, why not require a test along with the medical exam?  I had to get one to fly to the U.S.

Every other agency, private and government, has managed to handle their business just fine over the course of this pandemic.  The notion that the consulates had to almost completely shut down for almost a year (so far) defies reason.  But that's neither here nor there.

 

What's here is hopefully an opportunity to hash out some of these problems/excuses and replace them with solutions.  I'm going to start linking this thread when I correspond with legislators.  I think there are some good points in here.  Thanks to everyone who is participating!

[Boiler 43,593]

Security checks etc are carried out after the interview not before it. They are not going to bother checking people who may not otherwise be eligible.

 

I see on the TV there are seemingly areas where schools are not open, they have been open here, so why the difference? Similar issues.

[darth vader 131]

46 minutes ago, Boiler said:

Security checks etc are carried out after the interview not before it.

If you are making a claim that bold, do you mind linking a resource to justify that? Does it say so anywhere in INA, FAM or any other DOS policy etc.? Security checks happen at DHS (USCIS), can happen at NVC (rare but if one gets a hit for same name) and of course initiated by the Consulate (221G TAL etc.). I realize I am not providing resources either, but readers can easily search this forum to find examples of all cases I have described. You claim does not seem true to me.

[Boiler 43,593]

What do you think AP is, quick in some places months or years in others.

 

A very popular topic on VJ.

 

1 minute ago, darth vader said:

If you are making a claim that bold, do you mind linking a resource to justify that? Does it say so anywhere in INA, FAM or any other DOS policy etc.? Security checks happen at DHS (USCIS), can happen at NVC (rare but if one gets a hit for same name) and of course initiated by the Consulate (221G TAL etc.). I realize I am not providing resources either, but readers can easily search this forum to find examples of all cases I have described. You claim does not seem true to me.

 

[darth vader 131]

3 minutes ago, Boiler said:

What do you think AP is, quick in some places months or years in others.

 

A very popular topic on VJ.

 

 

 

 

55 minutes ago, Boiler said:

Security checks etc are carried out after the interview not before it. They are not going to bother checking people who may not otherwise be eligible.

 

I see on the TV there are seemingly areas where schools are not open, they have been open here, so why the difference? Similar issues.

I gave you two examples - security checks do happen at DHS at USCIS level, and then can happen at NVC at DOS level. Hence, your implied argument that it can't happen before interview seems incorrect to me. OP wants a world where these checks can happen before interview. I can see that happening on a requirement basis, since it already happens anyway (the criteria is unknown to me). Thank you for engaging with me on this!

[Boiler 43,593]

Just now, darth vader said:

 

 

I gave you two examples - security checks do happen at DHS at USCIS level, and then can happen at NVC at DOS level. Hence, your implied argument that it can't happen before interview seems incorrect to me. OP wants a world where these checks can happen before interview. I can see that happening on a requirement basis, since it already happens anyway (the criteria is unknown to me). Thank you for engaging with me on this!

I would be interested in any links you have where a beneficiary has gone through AP before the interview.

[SalishSea 16,825]

31 minutes ago, darth vader said:

 

 

I gave you two examples - security checks do happen at DHS at USCIS level, and then can happen at NVC at DOS level. Hence, your implied argument that it can't happen before interview seems incorrect to me. OP wants a world where these checks can happen before interview. I can see that happening on a requirement basis, since it already happens anyway (the criteria is unknown to me). Thank you for engaging with me on this!

An example would be a K-1 petition that is approved, but sits at the NVC for a year prior to the interview.  Do you believe the DOS won't undertake additional checks to see what that applicant could have gotten up to during that year?  NVC doesn't *do* anything to approved I-129Fs, but hold onto them until requested by the embassy.  Prior to COVID, they sat there waiting for a couple of weeks, as the DHL pouches were batched out bimonthly.  Not the case anymore.

[vtstang66 65]

1 hour ago, darth vader said:

 

 

OP wants a world where these checks can happen before interview. I can see that happening on a requirement basis, since it already happens anyway (the criteria is unknown to me). 

(I think) I'd be fine with these checks happening after interview as well, as long as it all can be accommodated.  I.e. interview is remote and checks happen separately, or somebody finds a way to do it all in person like every other in-person interview the U.S. gov't does on a daily basis.

[darth vader 131]

....

Edited February 19, 2021 by darth vader

[vtstang66 65]

Do we know about how many people are stuck in this process currently?  I'm trying to find some statistics but not having success.  I can get numbers of visas issued and such but not able to find any information on how many are actively in the system and stuck right now.

 

I'm writing a second draft of the petition and trying to take a more eye-catching angle with it in the hopes of getting more views/sympathy.

 

[vtstang66 65]

Alright I know this is dragging on but I want to publish the petition today or tomorrow.  Draft 2 below in italics.  It's a bit different from the first draft but I think it reads easier and doesn't get bogged down so much in details.  If nobody sees any glaring problems, it will go live very soon:

 

Immigration has been in the news quite a bit recently.  Most of the discussion is centered around resolving problems stemming from illegal immigration, but most people are surprised to learn that thousands of U.S. citizens and their spouses are enduring multiple-year separations, frozen in a legal immigration system that is broken, neglected, and largely ignored by the media and politicians.

 

The processing time for CR1 and IR1 spousal immigrant visas was well over a year in 2018 and 2019.  The final step in that IR/CR1 process is an interview at the U.S. consulate in the immigrant's country, and last spring most of the consulates shut down because of COVID.  Many had backlogs of a year or more even then, and have not resumed processing since.  This means that spouses who have done everything by the books are facing additional years of waiting on top of the year or more they had already waited for the domestic processing beforehand.

 

The consular interview process usually takes under an hour and consists of a few cursory questions for most applicants.  Other government offices, at every level, are conducting business as usual and have been for months.  The consulates in some countries, such as Mexico, are claiming that they are unable to process interviews due to COVID, but their own actions demonstrate otherwise.  The consulate at Ciudad Juarez just rapidly processed a large round of interviews postponed from a year ago but then apparently stopped again.

 

We recognize that COVID is a thing, but it is entirely possible to safely conduct an interview and gather some fingerprints without risk.  If you have traveled in an airport or train, gone to the DMV or post office, or conducted any other business over the past year, you are well aware that in-person interactions are carrying on at all levels of public and private business.  Many options exist, from conducting the interview in separate rooms or with PPE, to holding it remotely, to deferring it until it can be done to the agency's satisfaction.  Immigrant spouses could be admitted with conditional statuses until that time if that is what it takes.  There could be any number of other satisfactory solutions as well.

 

Family reunification is allegedly a cornerstone of the U.S. immigration system, and this shameful indefinite separation of spouses should not be allowed to continue.  It is cruel, and there is no excuse for it.  We are asking that the president and congress do something about this heartbreaking situation that so many families are facing.  Change the procedures, change the requirements, or change the law, but don't continue to ignore this issue and force families to be apart for years with no end in sight.

[Villanelle 4,121]

Have you heard of the AILA? https://www.aila.org/advo-media/issues/all/covid-19 

 

While I applaud your efforts you must realize that your voice is a drop in the ocean. If it gives you purpose during these difficult times then by all means continue doing what you are doing. I hate to be coming across as a naysayer or negative Nancy because yes, change does start with one person but lets be realistic- your letter or campaign is not going to be the deciding factor that starts the reform needed. IMO it would be much more impactful for you to find an established group that is already campaigning such to join in with get on board to promote your message. You can also contact the Ombudsman as they handle issues with how policy is being enforced (AILA has various liaison interactions with them as well as USCIS/DOS/CPB/etc - browse their website and/or google)