Visa waiting for Administration

[mandybenn]

Hi :(

We visited the Embassy on 10th Dec 2007 and was told our L1 application needed further administration and that it wasn't leaving London and we would be contacted within 7 days. We have heard nothing! I have looked on the Embassy website and it states that administration can take 8 weeks. Our Attorney says that we should have been told what they wanted clarification on but we weren't told anything. Our Attorney has now sent the following:-

Dear Sir or Madam:

I represent an applicant for L-1A and her husband. The Principal Applicant is BENN, Mandy PDOB: UK July 4, 1967. The L-1A was approved on October 25, 2007. She applied for her L-1A visa in London on 12/10/2007. She was advised that administrative processing would be required and this should take about 7 days and no inquiries could be made in the interim.

Pursuant to the FAM, the USCIS approval is prima facie evidence of eligibility for L-1A status and consular officers have no authority to question the approval of the L visa petition without specific evidence unavailable to the USCIS at the time of the petition approval that the requisites of INA 1010(a)(15)(L) have not been met. If the Consular officer has a reason to believe that the applicant may not be eligible for the L visa, then additional evidence which bears a reasonable relationship to the issue may be requested.

As no further evidence was requested, we respectfully ask for an explanation as to the hold up for issuance of these visas. Furthermore, it is unconscionable that the Consul does not provide applicants with a means of follow-up inquiry after the stated time for processing has passed.

I'm not really sure what this means and thought I'd share it with you guys. I just hope it means we will get to know something soon. We need to visit our property in the U.S to do maintenance but we can't plan anything and as any Business man knows planning is paramount in any Business. Do they not realise this??

Mandy

[Bayfield]

Sounds like AP/AR, not so common in London, quite common elsewhere.

Your name may well have got a hit when they did a security check, not a lot you can do about it, plus side is that when it has happened in London it usually gets sorted reasonably quickly.

[SHEILA 13]

Mandy,Hope it all gets sorted for you soon.
Sheila

[mandybenn]

Hi Bayfield

Sorry to act numb but what is AP/AR? :o

I don't think we have a problem with the Security side I just think it depends on who you get. The Official asked us to take a seat first whilst he had someone check our petition and then he called us back saying the guy he wanted to check wasn't free. There was a Security alert whilst we were there as they had found white powder on some docs and thought it was Anthrax. This took an hour or so to sort and they were massively behind and I think they didn't have time to discuss our case. I do think it is poor service when you have no where to contact, our petition could be just sat in a pile.
I was surprised how disorganized the whole procedure was and how a life's decision is made by 3 questions asked by 1 Official. I was expecting a grilling!

Mandy

[Bayfield]

Administrative Processing in this case.

AR is additional review.

But, I may be wrong, I always thought it was the Consulate who had final say, and they can take as long as they feel is needed.

Now this is not the case for London, but you hear of other Consulates taking years in some cases.

[InnVic]

Will this mean that Mandy will not have the full year to establish her company in the US before you have to renew?

[lorraine]

Hi Inn Vic yes it does mean that, it happened to my friend Carol and it sucks big style.........

Mandy if you need any help with anything over here just let me know... good luck:hug:

[anniefromessex]

Hi Mandy, I am so sorry to hear what you are going through at the moment, these people do not have any idea of what it does to you; their take on it is that if you want to live and work in America then you had just better get used to them calling the shots. Sorry if I sound bitter but they really do not realise or care what they do to peoples lives. I really wish you all the best and hope you hear with a positive answer soon.

Love Anniexxx

[JulieC]

Dont want to be a real downer but this happened to someone on another forum and he had to wait well over six months before he got his visa. I think eventually he got his MP involved and all sorts. However when it came to renewal he sent nothing in but a letter stating what had happened and that he hadnt had time to get going yet and they renewed him!! I was shocked when I read that as I know that has not happened to other people.

[Sharon]

Hi Mandy,

It does seem your attorney is on the ball. I do hope this gets sorted very soon :)

[Susie]

Hi Mandy,

The same thing happened to one of my sons, he was approved in Texas for an L 1 visa and at the embassy was given a 221g (think that was the number) He was told at the time the file would be sent back to Texas for review and or revocation.

To cut a very long story short, Texas never received the request from London so with the congressman's help London agreed to re send and the upshot of all this is the file got lost so the case was denied.

Think your attorney is telling the embassy, they do not know their job and not carrying it out to guidelines. Sorry, but I do have to say that London does seem to be a law unto themselves !

Was recently speaking with a new immigration attonrey and he said, it would not6 matter if GW Bush wrote and told them to issue a visa, if they choose not to listen they won't

What paperwork did they give you at the interview if any? and if so what did it say? Did they keep your passports or give them back to you?

Hope it is a simple request for further evidence and sorted very soon. Please let me know if you think I or the site can help

[mandybenn]

Hi Sue :)


We were asked 3 Questions only on our visit:-
* What was are Business?
* Who would be running it?
* How many employees do we have?

Our Attorney is annoyed as we were give a standard letter with a tick in a box stating our Petition had been kept for Administration. The Official said it would be for a maximum of 7 days (which was a lie the standard is 8 weeks on the net) and that it was normal procedure. Our Passports were given back and the Official said that the Passports would be collected by Courier when the time came. I do think London is out of order as you do need to know what is happening, we were asked for no other info. Our Attorney has said not to worry about the renewal as she can plead our case in respect of timescales. Apparently they are supposed to tell you what they are looking for and usually require further evidence (none was asked for).

What I can't believe is if we had been asked more questions they would have accepted us purely on the basis that my husband and daughter are staying in the U.K. My husband running the U.K end of things and my daughter is at College on a 2 year course. We are using the year as a trial as everyone knows on a L1 the renewal is much harder to get. Our home is not being sold, so do they think I am escaping??? Maybe so!!

Mandy

[SHEILA 13]

Mandy,Try and keep your chin up.
Sheila

[kirtida8]

Hi Mandy, sorry to hear of your troubles. Hope things get sorted out soon :hug:

[Carl]

I waited 6 months then I contacted My M. P, Non immigrant Visa Chief, 2 senators and a congressman. At least your lawyer is doing something, mine sat on her A#S doing nothing.

[mandybenn]

Hi All

It is disgusting that we are not treated as Professional people even though that is what they want us to be! I don't feel too stressed as I am getting used to the waiting game but I do feel it is important to share our experiences

I will keep you all posted.

Mandy

[anniefromessex]

Mandy, wishing you the best of luck!

Love Anniexxx

[Susie]

Hi Sue :)


We were asked 3 Questions only on our visit:-
* What was are Business?
* Who would be running it?
* How many employees do we have?

Our Attorney is annoyed as we were give a standard letter with a tick in a box stating our Petition had been kept for Administration. The Official said it would be for a maximum of 7 days (which was a lie the standard is 8 weeks on the net) and that it was normal procedure. Our Passports were given back and the Official said that the Passports would be collected by Courier when the time came. I do think London is out of order as you do need to know what is happening, we were asked for no other info. Our Attorney has said not to worry about the renewal as she can plead our case in respect of timescales. Apparently they are supposed to tell you what they are looking for and usually require further evidence (none was asked for).

What I can't believe is if we had been asked more questions they would have accepted us purely on the basis that my husband and daughter are staying in the U.K. My husband running the U.K end of things and my daughter is at College on a 2 year course. We are using the year as a trial as everyone knows on a L1 the renewal is much harder to get. Our home is not being sold, so do they think I am escaping??? Maybe so!!

Mandy

Hmm,

Really do not know what to make of this, If as they say the additional review would only take 7 days, what I cannot understand is why they did not hang onto your passports so they could stamp and send them back after the 7 days.

Good luck, please keep us updated

[Carl]

They did give us our passports back as well susuie

[DEE F]

They did give us our passports back as well susuieWelllllll when he says "give" what she actually did was throw them across the desk at us,such a nice lady !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Dee xx

[Susie]

Hi All

It is disgusting that we are not treated as Professional people even though that is what they want us to be! I don't feel too stressed as I am getting used to the waiting game but I do feel it is important to share our experiences

I will keep you all posted.

Mandy
Thanks you Mandy,

I agree it is good for us to share our experiences for others to benefit in the future. Got fingers crossed for you