Update on E2 delays

[Emmalee25]

Hi all,
I recieved this email from my VL this morning, Info straight from the horses mouth....so to speak!



"Dear Mr. Vargas,



As we have explained in our previous reply to you, all correspondence
to
this department automatically receive an automated response until we
get the
opportunity to respond to your request. You continue to send multiple
messages in a short space of time without waiting for your question to
be
answered.



The application for Yorkshire Pride LLC received March 17th 2006,
Investor
Emma Curtin has been adjudicated but unfortunately our calendar for
inviting
and conducting 221g interviews is currently full, these interviews are
by
invitation only as they are very time consuming the number of
appointments
available is limited. Due to this process our response has exceeded the
24
weeks advised, the application is in a queue on our waiting list for
the
next batch of invited applicants you will be informed when we are able
to
offer a suitable date.



Thank you for your continued patience.

E Visa Dept

American Embassy

London"

So they are saying that not only are there delays in adjudication, but also a waiting list for interviews????????

Also, ive emailed my visa lawyer this Q, but what is a 221G??? ive heard differing things about this too!

Em x

[Susie]

Hi

A 221g is either a request for further information or denial, I think

And yes your correct, there is also a waiting list for interviews

Is Yorkshire pride your company? or a made up name?


Either way the e-mail is confusing. It does not say you are approved subject to interview or denied, or requesting further info


Might as well be written in double dutch !

[Emmalee25]

Hi Sue,
Yorkshire Pride LLC is our company that we used to buy Creating Legacies (the store in Oviedo).
God im getting more and more comfused i'll tell ya!
Em x

[Bobby]

221g is a typo.


It is probably 321g.

which is immigration shorthand for their countdown instructions for troublesome visa applicants and what they want us to do next ........







....321G = 3 ........... 2............... 1................ GO to .......!

[InnVic]

Information on 221(g) lifted from US India immigration site - couldn't find on London

<<<Refusals
221(g)
Applicants are ineligible under section 221(g) because the applicant failed to bring some information or document, or some further procedure or review by our office or another U.S. government agency must be completed.


Please follow these instructions for a 221(g) refusal:

1.If you have been requested to wait until the Consulate contacts you, please do not make an appointment. Your case requires further administrative processing and the Consulate will contact you once this has been completed.
2.If you have applied in Chennai and were issued a 221(g) letter and asked to come back when you are prepared with all the required documents, please do not make an appointment. You may appear at the Consulate on any working Tuesday, Wednesday, or Thursday in the morning (between 10:00 and 12:00). If your visa was not issued under section 221(g), you are required to fill out a new application form when you reapply.
3. If your visa was denied under section 221(g) at the U.S. Embassy in New Delhi, or the Consulates General in Mumbai or Kolkatta, and you are instructed to reapply in Chennai, you must complete the following steps to be seen for an interview in Chennai. >>

Sorry but it looks like your gonna be waiting a little longer :-(

[Susie]

Hi Em


Please do not panic.

It could well be from the way the e-mail is written they are intending to give you an interview, lets hope so

The e-mail is not clear, what did your attorney say or make of the e-mail?

By all means give me a call

[Emmalee25]

Hi Sue,
My VL has confused me more, he sent me this when i questioned a denial thru a 221g:
some go thrpugh a 221g some don't. i have not seen a correlation b/w a
221g
and a denial.

Sincerely,


Gustavo Vargas Esq.
Certified Specialist, Immigration and Nationality Law

and this:
If anything was missing they would notify us. My understanding is that
they
would do a "221(g)" to update the file docs and make sure everything is
up
to snuff.

Sincerely,


Gustavo Vargas Esq.
Certified Specialist, Immigration and Nationality Law


but i also pulled up this:
that referes to the consular officer determining whether there is any
bar to
granting the E2



INA 221(g):

(g) No visa or other documentation shall be issued to an alien if (1)
it
appears to the consular officer, from statements in the application, or
in
the papers submitted therewith, that such alien is ineligible to
receive a
visa or such other documentation under section 212, or any other
provision
of law, (2) the application fails to comply with the provisions of this
Act,
or the regulations issued thereunder, or (3) the consular officer knows
or
has reason to believe that such alien is ineligible to receive a visa
or
such other documentation under section 212, or any other provision of
law:
Provided, That a visa or other documentation may be issued to an alien
who
is within the purview of section 212(a)(4), if such alien is otherwise
entitled to receive a visa or other documentation, upon receipt of
notice by
the consular officer from the Attorney General of the giving of a bond
or
undertaking providing indemnity as in the case of aliens admitted under
section 213: Provided further, That a visa may be issued to an alien
defined
in section 101(a)(15) (B) or (F), if such alien is otherwise entitled
to
receive a visa, upon receipt of a notice by the consular officer from
the
Attorney General of the giving of a bond with sufficient surety in such
sum
and containing such conditions as the consular officer shall prescribe,
to
insure that at the expiration of the time for which such alien has been
admitted by the Attorney General, as provided in section 214(a), or
upon
failure to maintain the status under which he was admitted, or to
maintain
any status subsequently acquired under section 248 of the Act, such
alien
will depart from the United States.

couldnt be more confused at the moment tbh
Em x

[charliesmum]

We go on another forum and there is a guy on there who has had exactly the same answer as you about waiting for an appointment. Just so you know that it isn't only you. The stupid thing is that there is no idea of when your appointment will be - 2 weeks, 2 months or more!!!

The people around who went to these type of interviews at the beginning of the year - and there were lots of stories of them - all had a hard time and I must admit most were turned down. But before you panic, the people who did get through seemed to know their businesses back to front, up and down and every other way. You need a GREAT Business Plan and lots of talk about how things will work in the future.

At least you have some time to get this sorted out and understand every little thing about your business.

Good Luck

Zoe

[Emmalee25]

Hi Zoe,
Thanks for that, did you ever get a 221g???? we have been told it could be up to 60days and because we are now 221g status we cant even try and apply for a B visa..............Stupid stupid stupid!

Em x

[Sharon]

Hi Em

God

All this is so worrying, why cant they explain in English


I think I read that your Mum was going to sponcer you for a green card.

If your mum is in the states I doubt whether a B visa would be approved.

You have to show strong ties, family, emotional and finanical

Hope it all goes well

[charliesmum]

Hi Em

No we had a normal first application 3 years ago and only waited 11 weeks for our visa to be processed, 2 weeks later had the interview and moved out 2 weeks after that.

Our renewal is taking forever, but so far we haven't been asked to go for one of these interviews. We were worried at the beginning of the year that we might be asked, as our VA had our clients with a very similar business to us and they were asked to go. They had B visas in their passports, so had no trouble getting back in again after their visit to the Embassy. We would have had to use Visa Waiver and really didn't want to trust being turned down. We are hoping we will have a positive outcome when our next lot of paperwork is processed, but we're not thinking it will happen till after Christmas.

As I said, use this time to learn everything about your business, so you can answer any question straight off and really emphasise about your future plans - expansion etc.

Zoe

[victoria]

Firstly, poor Emma - you must be dying with all this confusing info.

However the good news is at least they've looked at your stuff. We have a date of March 11th so hoping that means we will be in the next batch too - whenever that is. Back in the summer I was told there was a 5 week wait for interviews - anyone know if its still around this time?

[punky]

Back in the summer I was told there was a 5 week wait for interviews - anyone know if its still around this time?

For the US embassy in London, its still about 4 weeks. I have known it to dip into the 3 week margin, but not very often.

[victoria]

Great thanks (I'm here on an H1b & interviews for that are around the 2 week mark but they take less than 5 mins which sounds vastly different from the E2 interview)

[Emmalee25]

Hiya,
Ive been told that 221g interviews are currently delayed by up to 60days!!! apparently because they are so long and indepth!
Who knows!!! it'll come thru when it comes thru I suppose!
Em x

[InnVic]

The problem with the language used by the Embassy is that it sends out mixed messages. Our initial application was 'denied" - this sent us into apoplexy - however we did not have to go for interview at that stage and we were told that the "denial" was really just a "pending further information" as documents were missing from the application.
I supect however that the 221(g) is a different thing. Maybe they have flagged your long stays on VWP, maybe they HAVE checked your website (Big Brother!) or perhaps your investment is considered not significant or marginal? Who knows. However I'd put a rocket up your VA's ar*e. He may feel hes doing you a favor by 'candy coating" things but if you have a fight on your hands when the interview comes through then you need to know now so you can prepare. Also you have to consider worst case scenario (I'm sure it won't happen but its best to consider all options) You have to return to the UK for the interview - if God forbid you're denied you will have a hell of a job getting back into the US. Analyse your application now - be prepared for ANY areas that may be considered 'grey" and have smart and substantiated answers. Get letters of support from local senators, Chambers of Commerce, anyone with influence that will say your business will have aposiotive effect on the community. You said you had done a charity fund raiser - get info on that. Try not to get them to mention that you live currently in the US! Don't raise this unless asked - but do not lie because they will check and it will go against you. Good luck

[InnVic]

....bit more research and I've discovered two possibles. First, as discussed above that you may have a hard time and really have to pull out the stops - the other I've read on another forum, that they are sometimes doing this interview to save you going back to the begining of the 24 week wait. If its a simple thing missing then this could be good news. bearing in mind your VA has been bugging them - they may just want to get this over with :-)

[Sharon]

Hi

The American embassy staff are bullies.

What I mean is if we make a fuss they can quite easily chuck our files to the bottom of the pile or deny us

I read a while ago that there were some Immigation officers in CA I think that shreaded files to reduce their backlog

I know they were caught and sent to jail but still worrying

It seems cloak and dagger with trying to get to the actual officer working on your case. I just hope all referrals and denials are looked over by more than one officer.

Our life is in their hands and should not be left up to one person to decide

[victoria]

I saw InnVic's suggestion re letters from senators etc - do you have knowledge of this being effective? (my attorney scoffed at the idea)

[victoria]

Sorry meant to ask Emma - who told you about the 60days - and is that just for 221gs or for all E2s (not renewals) Thanks.. (my husband is sitting out his E2 application in the UK whilst I'm here with our daughter and it's killing us all..)

[InnVic]

I saw InnVic's suggestion re letters from senators etc - do you have knowledge of this being effective? (my attorney scoffed at the idea)
When our application was delayed (this was back when it was 8-10 weeks quoted and taking 14) our attorney got a fairly promenant Senator to intervene. Rather than us mere mortals or VA bugging the embassy if you can get a known name to take on your case then it adds weight. I intend to do this again for our re-application and have already written to ask if they would send a letter of support. Think of it this way.....if they deny you...big deal - your a nobody and you can do diddly squat! However if they deny you when some big wig has decided your okay - they they are questioning HIS authority - he's gonna want to know more and can maybe pull strings. Best case you go through easy peasy - worst case it has no effect - but you can't be any worse off can you. Its all about power.....welcome to America! I think its tragic that an attorney would scoff at anything that could assist your case.

[InnVic]

...oh and when we were asked for further info the Embassy faxed details to the Senator for us who then got the file marked "bring forward upon reapplication" so we didn't go to the back of the pile! Influence or what! :-)

...get schmoozing!

[victoria]

Thanks for the advice. Given our attorney isn't thrilled with the idea can I ask you what you asked your Senator to say? In my case he's 'only' an ex Senator and isn't involved in my husband's business..

[InnVic]

Doesn't matter if you know him personally. I wrote to several influential people outlining our position, our level of investment our proposed (or actual in the case of a renewal) contribution to the community I did a quick precis of the E2 prosess (many have NO IDEA what we have to go through) and then I asked if he felt he could offer us a letter of support to help our case. The good ones take up the baton.
hope this helps

[victoria]

Thanks again. However I looked you & Chester up (your Inn looks goregous by the way) and think you're in a different game to us - our business is in New York - not sure that I have the gall to ask my Senator to say that we're going to be a benefit to the community! (though of course we are if Big Brother is indeed watching this site...)

[Emmalee25]

Hi everyone,
Victoria - it was my VA who was told 60days by the embassy, we gather its just for the 221g's though, we have already waited 27weeks tommorow for the E2 adjudication! How long has yours been in?

My Va called today and said that when we get called for the 221g interview they will tell my VA WHY we are having a 221g, he says they will give him time to prepare our case, so our VA is gonna do all that for us! I do like the idea of getting our attorney involved! 1 thing I wanted to ask though is, one of our main reasons for deciding to do this was for our sons health! he had corrective open heart surgery at 7 weeks old, but in the damp old UK has constant chest infections etc...one even caused another hole in his heart it was that severe, he also caught pheumonia and his lung collapsed! over here he is perfectly healthy...no cold, no cough, no chest problems.....apparently the sub-tropical climate is perfect for him............
Do you think we could use this to sway decisions, OR is it best to not let them know anything about his health???
Thanks
Em x

[InnVic]

Hi Em
I would say that sadly the health of your son would have no impact at all on their decision - think about other posts on this site. Lorraines struggle to get travel permission, Susies son etc... The decision is purely business and based on fact not emotion. Regarding your attorneys involvement with the 221g. Yes I think he can help - but I guess he's not going to London with you to the interview is he? So far the application he's prepared has been flawed (otherwise they wouldn't be questioning it) a good attorney should be able to preempt any possible objections to your case and offer supporting evidence. I made the mistake initially of trusting our attorney with our application - he screwed up and we suffered delays and additional costs. You seem to have an pretty good understanding of the E2 process so by all means work WITH him - but make sure you understand exactly what he suggests and why - after all its you that has to explain these things in person when you go to interview

[InnVic]

Victoria - I can understand that things may work different in the big city - but there must be someone in an influencial position you can ask for support. (chamber of commerce - or your business broker may know someone?) Its hard for me to make suggestions not knowing the nature of your business or the stage of your application but if you want to PM me for ideas I'd be happy to put my thinking cap on.

[victoria]

Innat Vic - That's really sweet of you. I would like to if you wouldn't mind - but I have no idea how to "PM" you. Embarrassingly useless at this type of thing..

Emma - we're a week ahead of you (28 weeks & counting)! That said, our application left our visa consultant on Feb 15th but the Embassy say they didn't get it till March 11th so god knows where is was for a whole month...

[InnVic]

victoria
To PM left clic on the members name (in blue in box on left) and a menu will come down. Select send a private message and there you go :-)

[Emmalee25]

Hiya Victoria,
Our receipt was (is) dated March 17th! I would get onto them as they told my VA that all applications up to march 22nd had now been adjudicated!!!!!

Em x

[victoria]

oh my goodness really? Our Attorney is very reticent to contact them. Where did your VA hear this??

[Emmalee25]

he heard it from the horses mouth so to speak, coz he has been bugging them isuppose, they said they were up to March 22nd files???

Dont fret, i dont know what to belive, they have blatently lied to us before, saying that they were currently adjudicating our file when they werent!!!!
dont panic, just mention it to your VA.

Em x

[victoria]

thanks - I'll get my husband to do it on Monday (I'm not sure she appreciates being bugged by the wifey...) It would be such a relief to hear something.....(obviously good news would be best). Has your VC had any indication when he's likely to hear about your 221g? Still that 60 day wait or the 10-15 that someone was tantalising you with earlier?

[charliesmum]

Of course your answer could still be in the mail - they write to your VA (or you if you've done it yourself) and send it normal post. That could take up to 3 weeks to reach America.

Crazy in this day and age of computers!!!

Zoe

[Emmalee25]

My Va is still saying to expect 60days and then if it comes earlier its a bonus, as Zoe says, they have to get us an appointment then write to my VA so i would defo doubt it will be anything like 10-15days to be honest

Em x

[JulieC]

These are pre approval interviews and are prima facie a denial " but prove us wrong", basically the balance of proof is on you to convince them to issue an approval, if they have already decided to do so you get approval and then interview in the normal manner. My friends went to one of these with Meg and said it was horrible, they got turned down. If you have already closed on the business, take everything with you, bank statements, cancelled cheques, invoices and try and correlate invoices to the bank statements. My friends had paid several cheques in at the same time and couldnt do that and were accused of not having a real business. Not wanting to be a downer, it happened. They did manage to get back in a few weeks later on visa waiver, which had been a real worry with the visa denied stamp in their passports. Very good luck, Em.

[Emmalee25]

Got this one from my VA this morning (working on a saunday.....:notworthy: )

I went over your case yesterday and nothing sticks out in a negative
way. The file was solid when we sent it. We have been very successful
with our E2 cases. There seems to be a problem with system. I suggest we
schedule a meeting soon to discuss and begin perparing for your
interview as the consulate is supposed to tell us what they want before the
interview. According to them, they will give us plenty of time. With so
much time elapsing since the case was filed, and as a starting point,
it would be prudent to start collecting current company financial
documents.

so I am meeting with him next week to get it all ready!
Em x

[Picto]

Sorry meant to ask Emma - who told you about the 60days - and is that just for 221gs or for all E2s (not renewals) Thanks.. (my husband is sitting out his E2 application in the UK whilst I'm here with our daughter and it's killing us all..)

Hi Victoria

I have every sympathy for your situation. I too am separated from my husband and children because of the protracted processing times. I'm in E2 status in the US holding things together (aside from my emotional stability of course) while my husband and kids are stressed out in the UK.

Be careful about getting senior people involved. A consular officer who gets a little tired of outside interest could come to a speedy conclusion on your case if she so wished and you would have no right of appeal. I'm not suggesting that it won't make a difference, just consider it carefully as the difference may not necessarily be a positive one.

Picto

[InnVic]

Hi Victoria

Be careful about getting senior people involved. A consular officer who gets a little tired of outside interest could come to a speedy conclusion on your case if she so wished and you would have no right of appeal. I'm not suggesting that it won't make a difference, just consider it carefully as the difference may not necessarily be a positive one.

Picto

As with all things it deponds on who you know and how its handled. Pestering the office with phone calls will not win you friends (or visas!) But a well placed letter from a Senator or influential person who has personal knowledge of your business contribution and character could reinforce your application. I'd rule nothing out!

[Ron]

Hi Em

Sorry if you have answered this question somewhere esle but could you tell us what is the date the application went into the Embassy so we can track the exact number of weeks your case is pending?

This infor may be useful to others, if only to give an indication of processing times

[Emmalee25]

Hiya Ron,
My reciept is dated March 17th.
apparently my case has been adjudicated now though! Just reffered for a dreaded 221g
Em x