Sunshine22

The Judge just dismissed my case everyone. After 8 Months of fighting for this Visa for my Fiancé, $4000 is now flushed down the drain. 
 
Do not file unless its been 11 months minimum in my opinion

Greetings all,
 
Here is my latest timeline layed out for everyone to see as promised, I hope this helps you all achieve your immigration goals. I left a bunch of my insights at the bottom to help anyone else out that is struggling with the 221(G) / DS-5535 Process aswell. I hope this helps.
 
Enjoy:
 
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08MAY2023 - Interview Date - Ready
 
09MAY2023 - Refused 221(G) - DS-5535 not Submitted
 
10MAY2023 - Refused 221(G) - DS-5535 Submitted
 
CEAC UPDATED - 11MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 22MAY2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 24MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 26MAY2023 - Refused 221(G) - No Action on our Behalf  
CEAC UPDATED - 06JUNE2023 - Refused 221(G) - No Action on our Behalf 
 
20JUNE2023 - WRIT OF MANDAMUS FILED -  PETITION FOR WRIT OF MANDAMUS and Complaint for Declaratory and Injunctive Relief against RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL 

21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND - SUMMONS (5) Issued Electronically as to RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL, U.S. Attorney and U.S. Attorney General(zrtw)

23JUNE2023 - Refused 221(G)  - Contacted my Congressman so the case Updated - Email Response

It stated:
 
“Dear [My Congressman’s Name],
 
Thank you for your email inquiry on behalf of [My Congressman’s name]'s constituent, [My name] regarding the visa application of [My fiance's name]

[My fiances name] case is pending necessary administrative processing.  We have noted your office's interest.  Unfortunately, we are unable to predict how long administrative processing will take for a given case.  I will note that often this process takes several months to complete.  As soon as this process is completed, we will notify [My fiances name] of the decision” 
 
28JUNE2023 - STANDARD ORDER for civil cases signed by our Judge
 
24JULY2023 (Part 1) -  RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023

26JULY2023 (Part 2) - RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint - Returned Executed as to Federal Defendant Summons Returned Executed as to U.S. Attorney General - Answer due for ALL FEDERAL DEFENDANTS by 8/21/2023
 
CEAC UPDATED - 28JULY2023 - Refused 221(G) - Initiated Contact with my Senator (NOT congressman) so the case Updated. We received an email back

It stated:
 
“Dear [My Name],

Thank you for contacting my office regarding your matter. I have contacted the US Embassy Ankara on your behalf. According to the agency:

‘Embassy of the United States of America
Ankara, Türkiye

Thank you for your email inquiry on behalf of [My name] regarding the visa application of fiancé, [My fiances name]

[My fiance’s name] case is pending necessary administrative processing. We have noted your office's interest. Unfortunately, we are unable to predict how long administrative processing will take for a given case. I will note that often this process takes several months to complete.

As soon as this process is completed, we will notify [My fiance’s name] of the decision.”

21AUG2023 - MOTION to Dismiss by RENA BITTER, ANTONY J. BLINKEN, JAYNE HOWELL
CEAC UPDATED - 4SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 6SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 12SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 15SEPT2023 -  Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 26SEPT2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 18OCT2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 30OCT2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 6NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 7NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 13NOV2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 23 NOV2023 - Refused 221(G) - ~ Around October 25th - November 1st I contacted the White House through their  ‘HELP WITH A FEDERAL AGENCY’ form.

We received an email back from the White House with a PDF Letter Directly Connected to The State Department.

White House E-Mail Response:

“Thank you for writing to President Biden about your visa inquiry.  Your letter was forwarded to the Department of State’s Bureau of Consular Affairs for a reply.  We apologize for the delay in responding to your inquiry.  Please open the attached document for our response to your visa inquiry.
For additional visa information please visit our website at (White House Link) & (Travel State Gov Website Link)  You may also contact the National Visa Center (NVC) via email through their online inquiry form at [NVC Inquiry Link]. 

PLEASE DO NOT RESPOND TO THIS EMAIL, THIS IS AN UNATTENDED MAILBOX.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under section 222(f) of the Immigration and Nationality Act (INA) [8 U.S.C. 1202].  Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under 222(f) and as specified in FAM guidance.  If you have received such information in error, do not review, retransmit, disclose, disseminate, use or take any action in reliance upon this information, and contact the sender as soon as possible.”

State Department Personal Letter Response:

“We are writing in response to your letter to President Joseph Biden concerning the immigrant visa case of your fiance. Because the Department of State is responsible for visa matters, your inquiry was forwarded to us for our reply.

Thank you for your patience in awaiting a response.

We have checked our consular records and learned that your fiance's visa application is still undergoing administrative processing in order to verify her qualifications for the visa.

We realize that these extended time periods can cause frustration and we are sensitive to the fact that the purpose of the immigrant visa program is to reunite families. 
Nonetheless, all U.S. embassies and consulates, must adjudicate visa applications in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing.

While we cannot predict when the administrative processing of your fiance's visa application will be completed, please be assured that the Embassy and the Department of State are aware of your concerns and will take appropriate measures to prevent any undue delay and see that the application is adjudicated as soon as possible, once administrative processing of your case has been completed.

We hope this information is helpful.

Sincerely,

Visa Office
Bureau of Consular Affairs
U.S. Department of State”

CEAC UPDATED - 8DEC2023 - Refused 221(G) - No Action on our Behalf
CEAC UPDATED - 20DEC2023 - Refused 221(G) - No Action on our Behalf

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And here we are today on DECEMBER 28TH 2023 at the end of the year with the current process still awaiting my Fiance’s Visa to be adjudicated.
If I would do this all over again here are some things I learned and some tips for all going under DS-5535 below

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TIP #1 Timing is Key: Don't Hire a Lawyer Too Soon
One crucial factor I realized in dealing with administrative processes is the timing of seeking legal assistance. Hiring a lawyer can be a strategic move, but it's essential to wait until the administrative processing has been ongoing for a significant UNREASONABLE period, typically 8-12 months. This waiting period allows you to gather necessary information, understand the nuances of your case, and maximize your chances of success. Lawyers can navigate the complexities of the legal system effectively, but engaging them at the right time can make a significant difference in the outcome of your case.

TIP #2 Congressional Support: Manage YOUR Expectations
While reaching out to your congressman or senator might seem like a logical step in resolving bureaucratic issues, it's important to understand the limitations of their power. Congressmen/Senator often have limited influence over administrative processes, and their ability to expedite or intervene in specific cases is constrained. While it's worth exploring all avenues of support, it's crucial to manage expectations and recognize that, in many instances, their impact may be very very very limited. Exploring alternative avenues, such as legal counsel and other advocacy channels, may be equally important in your quest for a resolution.

TIP #3 Government Response: Understanding the Realities
It can be disheartening when even individuals who have served honorably in the military find it challenging to receive the necessary assistance from the government. Even like me, someone who is a protected veteran for this country and was injured during my duty, they still dont come to my aid. This is because the reality is that administrative processes can be slow and bureaucratic and is forever unfeeling, often leading to frustration. Recognizing that the government might not be as responsive as expected, even in cases involving military service or other crucial impactful areas. is a crucial aspect of managing expectations. While they may prioritize dire circumstances, understanding the limitations of their responsiveness can help you explore additional options and plan accordingly.

Additional Tips:

a. Document Everything: Maintain a thorough record of all interactions, communications, and documentation related to your case. This organized documentation can be invaluable in legal proceedings or when seeking assistance from elected officials.

b. Explore Support Networks: Seek out support groups or communities that may have experienced similar challenges. Shared experiences and advice can provide valuable insights and emotional support during the administrative process.

c. Stay Informed: Keep yourself informed about the specific procedures and timelines associated with administrative processing. Knowing what to expect can empower you to make informed decisions and navigate the process more effectively.
 
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I hope this helps you all in making your decisions in navigating through this process and if you have any questions feel free to DM me or reply on this thread if any of you need more information or clarification on something for you in your own process.

Update: our I-212 was approved, 5 weeks after they accepted the form! 
 
We originally hired a lawyer for the whole process but with the long wait I had a lot of time to research and felt confident I could prepare the application so we decided to save some money and file it ourselves. Some cases may benefit from having a lawyer, but it is possible to file and get approved without one. Good luck to everyone on their journey! 

yes but the approval was sent from the national benefit center

Sounds like we have the answer 

Husband's I 212 was sent October 9 and it was received on October 25 approved October 27. We were expecting at least a year wait. 

Depends on the reason for inadmissibilty or deportation issues
 
 
https://www.cbp.gov/travel/international-visitors/admission-forms/form-i-212-application-permission-reapply-admission-united-states-after#:~:text=Form I-212%3A Application for,U.S. Customs and Border Protection

They're just being technical about it.  I-601 is "Application for Waiver", while I-212 is "Application for Permission to Reapply".  File the I-212.
 

a 9 suggests illegal presence, but there are sub sections.
 
In normal parlance a 212 is considered a waiver, I had not thought about the technicalities. I think it actually falls under another form of relief.

I think it is safe to assume that all APs will take a minimum of 6 months to complete. I have seen some APs that took less than 3 months that seems to be in some extraordinary circumstances.
 
I think it is important to not lose hope at this moment even when things look so bleak. Good Luck

Hi folks. For those that were eventually approved, I'm wondering if you noticed any case updates through CEAC in the lead up to receiving the request for passport email. Would be interesting if there was a particular pattern that we could identify through status updates. TIA

Because the I-213 is deficient ( has short narrative stating he is removed ) but is missing section of law ..I would ask attorney to tackle it head on . Basically he sends /emails consulate arguing husband is not inadmissible and asking for written decision of CO review Re I-213 and ER ban. 
 
Also have attorneys email LegalNet , for an advisory opinion.

If there is a 5 year ban, it will be up Dec 2024.
His employer (Cruise company) paid for the airline ticket. 

Your lawyer is right and nothing you could have done prior to the interview and a finding of inadmissibility. 

ER ( expedited removal) would mean a 5 year ban ban from date his crew visa cancelled and notes . Are you within the 5 years . ? When will the 5 years be up?
 
I-213 is just one page ..Who paid for airline ticket ..husband or US government?
 
If the 5 years are not up ..then file I-212 . ..
 
You cannot file I-601 without the consulate visa refusal sheet that shows he is eligible and it is requested. Likely it will NOT be needed..unless they dig up some misrepresentation/fraud in his file ( original D visa app..prior visa violations )
 
Your chooses are limite to filing a WOM ..( you can DIY) or pleading with your congressman weekly ( not helpful in this scenario)
 

Obviously I do not know the full details of your case, I assume there is something in there that makes your Lawyer think a I 601 is probable as if you have to file both of them doing them together makes sense.

Who sent him home on a plane?
US government or a cruise ship or airline?
i ask because if on a cruise ship and a rule of the ship is violated,  the ship line will buy a flight from the POE and fly person home
that would automatically cancel  the C1/D visa 
 
There is no waiver for the ds 5535 and the process can be lengthy 

Like Boiler mentioned, timelines vary, but I recently saw someone have their waivers approved in 18 months. 

Hello! AP processing of missing documents is usually completed in 60 days but you also had to fill out a DS-5535 (extra background checks) which can take weeks, months, or sometimes years. It is different for every case. Once AP is complete the embassy will send an email and request passport back. 

Thank you for the reassuring words! You were right - his visa status changed to issued the next day and we have since picked up the passport!

Thank you for the update and Congratulations on getting through AP so quickly! The CEAC status is accurate. It is kind of confusing but when it shows as "administrative processing" it is the final checks and printing of the visa. It is not the same as the administration processing when it shows as "refused." Once they send his passport back it will change to "issued." Usually takes a day. 

New updates all.
 
CEAC UPDATES:
08MAY2023 - Interview Date - Ready 
09MAY2023 - Refused 221(G) - Documents not Submitted.
10MAY2023 - Refused 221(G) - Documents Submitted
11MAY2023 - Refused 221(G) - No Action on our Behalf
22MAY2023 - Refused 221(G) - No Action on our Behalf
24MAY2023 - Refused 221(G) - No Action on our Behalf
26MAY2023 - Refused 221(G) - No Action on our Behalf  
06JUNE2023 - Refused 221(G) - No Action on our Behalf 
20JUNE2023 - WRIT OF MANDAMUS FILED
21JUNE2023 - WRIT OF MANDAMUS CASE ASSIGEND
*UPDATED DATE* 23JUNE2023 - Refused 221(G) - No Action on our Behalf - (TODAY)
 
Before I get the life kicked out of me on this forum for filing early.
 
Let me be the first to say "'I get it", we filed a WOM early.
 
I spent an entire month speaking to dozens of several legal firms to ensure the information I had presented to them at the time (i.e. Life Circumstances, Medical Conditions, Reasons for her Denial, Criminal History, Previous Approved Expedites, Trade-Off for Time v. Money, Work History, Job Impact) was worth it and all insisted I had a case on my hands. I would not have done so if the situation was otherwise.
 
I wish we could go into detail as to the specific factors relied in us filing, but ultimately the amount of information we gave and had received and the cost risk value to hire an attorney was in our ballpark to do so-- and not negatively looked down upon by legal experts. So we paid the fee.
 
Cost was about $4000.00
 
Taking the risk of waiting potentially another 6 months and beyond would severely impact our life plans (unfortunately) so ultimately the choice was a no brainer.
 
I'm not going to pretend I am a savant in all things WoM, however, I want to recommend people research online communities as well as consulting legal firms to see what other people who have gone through this process have to say that made it to the other side successfully. Some people are in a good situation to spend the money. Others are not so fortunate. It all depends on where you want to be in life and what situations you're going through that determines if a respectable law firm will represent you or not and the decision you ultimately decide to make. I understand I am just an anonymous VJ member on this forum and you probably will never be able to understand my story fully as there is alot i cant speak on but I hope that all who read this topic in the future, retain the importance of doing thorough, thorough, thorough research before considering to file a WoM.
 
And to ensure you know of a firm that handles these cases appropriately. Thats a big takeaway, I will keep you all in the loop as to what is going on. But for now this is my case update.
 
I hope this message doesn't come off too contrived as I already am aware the controversial decision filing early was. But there isnt much information on WoM's so heres mine.

We can't know for sure why but we are guessing that it is because of his extensive travel history (due to his career), his military service (which is mandatory for Turkish males), or because he lives in a Province bordering Syria. 
 
 

From my personal experience, yes that’s right. If all other documents say “accepted” you are good. Just replace the one that says rejected and you will be DQ’d next time. 

My submission date was 17-08-22. I think a response will be in this week or early next. I just hope I don't get a dreaded RFE. My embassy interview dates are avg 12-24 months from DQ. So I have so much longer to wait...

DQ'd today - 10/11/22
Last Submission was on August 13th
 
Good luck to everyone!