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Thread: London, England - Consular Process Tracking

  1. #1
    Hi

    I decided to start a threat to share my experience with London office consular process. I am a student who overstayed his F1 visa in the US for more than 180 days. As many of you know, AOS would be impossible - so decided to leave the country for consular process for an immigrant visa, which was through my USC father (I130 priority date recently became current).

    With the help of an immigration attorney, the consular process should be much faster than AOS... 4-6 months is the projected timeline. It could be much faster.

    I know a lot of people may think I am taking a risk with this route, since I have previous unlawful presence time in the US. Well, first of all... my I94 has D/s (Duration of Status) - and considering my status violation - the INS didn't find out about it... and therefore not subject to the 3/10 yrs bar.

    Why am I sharing this information?... well, I have met people on this forum who would be interested to know what would happen if I leave - they think there is a high risk involved in the CP route. I feel very confident with this route, even though I have been advised by same people to not leave the country. Plus, I want to share this information for people who could end up in my position in the future.

    Well, yesterday... 1/5/2005 - I called NVC regarding my immigrant visa and the consular process in general. They told me they will send out a form to make a payment for "Affidavit of Support" forms, the same day. They are located in New Hampshire, I should receive it within 2-4 weeks days (but usually comes sooner). Once I make that payment (which takes about 15 days to process it - not including mail time for them to actually receive it the payment). The "Affidavit of Support" forms will mailed with ATTN: to my USC father. The projected time for the affidavit support process to finish is by mid-February (around 2/15 to 2/20).

    The step after that would be choice of agent documents, and the visa fee application. NVC advised me to expect 6-8 weeks (again, it usually take less than that) for this stage to be processed, once they receive the required documents and fees. So assuming I mail everything within 24 hours from receiving, 6-8 weeks from 2/15 to 2/20 will be around 4/15 to 4/20. At that point, NVC should forward the case to the London Embassy as the final stage of the CP. Histroically, it takes around a week or so for the London office (US consulate) to schedule the actual interview, which is usually within 45 days.

    I will continue to update this thread throughout the process, if i get a chance to do so...

  2. #2
    Hi

    I decided to start a threat to share my experience with London office consular process. I am a student who overstayed his F1 visa in the US for more than 180 days. As many of you know, AOS would be impossible - so decided to leave the country for consular process for an immigrant visa, which was through my USC father (I130 priority date recently became current).

    With the help of an immigration attorney, the consular process should be much faster than AOS... 4-6 months is the projected timeline. It could be much faster.

    I know a lot of people may think I am taking a risk with this route, since I have previous unlawful presence time in the US. Well, first of all... my I94 has D/s (Duration of Status) - and considering my status violation - the INS didn't find out about it... and therefore not subject to the 3/10 yrs bar.

    Why am I sharing this information?... well, I have met people on this forum who would be interested to know what would happen if I leave - they think there is a high risk involved in the CP route. I feel very confident with this route, even though I have been advised by same people to not leave the country. Plus, I want to share this information for people who could end up in my position in the future.

    Well, yesterday... 1/5/2005 - I called NVC regarding my immigrant visa and the consular process in general. They told me they will send out a form to make a payment for "Affidavit of Support" forms, the same day. They are located in New Hampshire, I should receive it within 2-4 weeks days (but usually comes sooner). Once I make that payment (which takes about 15 days to process it - not including mail time for them to actually receive it the payment). The "Affidavit of Support" forms will mailed with ATTN: to my USC father. The projected time for the affidavit support process to finish is by mid-February (around 2/15 to 2/20).

    The step after that would be choice of agent documents, and the visa fee application. NVC advised me to expect 6-8 weeks (again, it usually take less than that) for this stage to be processed, once they receive the required documents and fees. So assuming I mail everything within 24 hours from receiving, 6-8 weeks from 2/15 to 2/20 will be around 4/15 to 4/20. At that point, NVC should forward the case to the London Embassy as the final stage of the CP. Histroically, it takes around a week or so for the London office (US consulate) to schedule the actual interview, which is usually within 45 days.

    I will continue to update this thread throughout the process, if i get a chance to do so...

  3. #3
    Mo, Just wish to say best of luck to you. I'm surprised that you decide to do CP instead of AOS, but it looks like thats pretty much the best route at this time.

    Good luck in London

  4. #4
    I am Affraid you are wrong Mo. D/s does mean Duration of Status but your being in/out of status also depends on wether you are taking classes.

    Since you were not taking classes. The School's international office porbably reported you to the INS. The simple way of taking care of that is to Apply for reinstatment of Status with the INS.

    If you will leave the country the 10 year ban will be placed! How do I know? I am in the same situation as yours!

  5. #5
    Thats where Mo's case is unique. He never stop attending school/taking classes during those time periods.

  6. #6

  7. #7
    marmaduk: Thanks, i appreciate the encouragements and advice you have given me ever since we met on this forum. I am doing this because - my options comes down to this. Hey, once you are in a situation like this... you don't know what's going to happen, but face reality at some point, and count on what USCIS law can get you out of the situation you are in... and go for it. I don't like to leave and get CP done, but I have to fix my status (read further comments).

    judy9334: marmaduk is right, my case is unique. You see, I entered the country with F1 visa and D/S I94 back in Summer 2001 (pre-9/11). At some point in 2002 I fell out of status, due to financial reasons. During that period, SEVIS was implemented... all of the sudden, all international students (in-status students) were asked to get on SEVIS - but since I fell out of status just before SVIS came out, I couldnt have registered on SEVIS. I was not among the SEVIS students which the USCIS tracked aggressively. So, I was not on the radar at all, USCIS couldn't have known I fell out of status - since there was no system in place to track me when I did fell out of status. This is what made my case unique, even though I continued to attend school at my personal wish, it was partially to do withthe waiting period for my immigrant visa to become available (I130 priority date to become current, Family 1st prefernce). Also, all my family lives in the US.

    So... it boils down to this, here is what the law says regarding D/S cases that overstayed, especially the ones that the USCIS haven't discovered about it - please comment once you read it - there additional information about other unlawful presence - D/S cases is the particular issue that applies to me:


    State Department Memo on Unlawful Presence and 3/10 Year Bars (1998):

    A --- Duration of Status Cases: Although most non-immigrants are admitted for a specified period of time, students, exchange visitors, information media representatives ("I" visa holders), and holders of certain diplomatic visas are usually admitted for "duration of status" (D/S). An alien admitted for "duration of status" will begin to accrue unlawful presence only if either:

    * an Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable, or

    * the INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change or adjustment of status), determines that a status violation has occurred.

    B --- Alien Admitted for D/S Who Violates Status:

    (I) Alien admitted on a student visa for duration of status, drops out of school day after arrival, takes up unauthorized employment, departs ten years later without ever having been found to have violated status by INS or an IJ: no unlawful presence accrued, not subject to 9B. In addition, 222(g) does not apply because there was no formal finding of a status violation by INS or an IJ. (see Ref D Septel on 222(g)). <<<<< THIS APPLIES TO ME! >>>>>

    (II) Alien admitted for duration of status, violates status, e.g., by working without authorization, is out of status for any period of time, applies for a change of status (COS), which INS denies on the ground that alien was out of status. Unlawful presence begins to accrue on the date of the denial. The alien departs voluntarily on his own prior to commencement of removal proceedings 180 days or less after INS decision: not subject to 9B because alien did not accrue more than 180 days of unlawful presence after INS decision; however, alien is subject to 222(g).

    (III) Same facts as (II) but alien requests voluntary departure, which INS grants 180 days or less after the denial of COS, and the alien departs within the time granted: not subject to 9B because alien did not accrue more than 180 days of unlawful presence; however, alien is subject to 222(g).

    (IV) Same facts as (II), but INS grants V/D more than 180 days but less than one year after the denial of COS, and the alien departs within the time granted: subject to three-year bar of 9B1, and to 222(g).

    (V) Same facts as (II), but removal proceedings are instituted after INS's denial of COS, IJ agrees that alien violated status and grants V/D (with alternate order of removal) 180 days or less after the denial of COS: not subject to 9B (period between INS decision to deny COS and IJ's grant of V/D counts as unlawful presence, but period was less than 181 days, and grant of V/D is considered by INS to be a period of stay authorized by the Attorney General for 9B purposes); alien is, however, subject to 222(g).

    (VI) Same facts as (V), but IJ issues V/D order more than 180 days but less than one year after INS decision: not subject to 9B (although more than 180 days of unlawful presence accrued, three-year bar does not apply because alien did not depart before commencement of removal proceedings and ten-year bar does not apply because alien did not accrue at least one year of unlawful presence). 222(g) applies because INS and IJ found status violation.

    (VII) Same facts as (V), but IJ issues V/D order one year or more after INS decision: subject to ten-year bar of 9B2 because one-year-plus period between INS denial of COS and IJ grant of V/D counted as unlawful presence. 222(g) also applies.

    (VIII) Alien admitted on student visa for duration of status, drops out of school the next day, takes up unauthorized employment, stays ten years, is put in deportation proceedings, is found to have violated status but is simultaneously granted voluntary departure, and departs before date specified in V/D order: no unlawful presence accrued, not subject to 9B because "unlawful presence" clock did not start to run until IJ finding and has immediately suspended by V/D order. 222(g) applies, however.

    (IX) Same facts as (VIII), except alien does not depart until seven months after the date specified in V/D order: not subject to 9B (unlawful presence of seven months accrued, but three-year bar inapplicable because departure occurred after commencement of removal proceedings). 222(g) applies.

  8. #8
    Mo,
    I understand! And believe me I am on your side when it comes to this situation! I myself was an f-1 and before Sevis was implemented I was caught by the INS for not being ablke to maintain my status (even though I was taking classes). I was put in detention for 5 days, even though I had no criminal record and the only thing I did was did not file for reinstatment!

    But in my situation, I got married to US citizen and am still fighting the INS so they approve our case. If I go out of the country, they will impose a 10 year ban on me and I will have to file a waiver. So I am trying to avoid that and fight the case here!

  9. #9
    I think thats the main difference. You were caught and found to be of illegal status by INS. From that time on, every single day you stay in the US count toward unlawful presence. And since its probably been more than 1 year since you acquire the illegal status, you'll get hit with the 10yr ban whenever you leave this country.

    In Mo's case, neither the INS/USCIS nor an IJ ever declare his status to that of an overstay/illegal. I'm pretty sure he'll not trigger the 3 or 10yr ban if he left the country to pursue CP.

  10. #10
    Mo,
    First congratulations for reaching the final stag of your immigration process. I just would like to share few of my thoughts about your decision. Immigration laws apply equally across board. For my understanding, you still will meet an immigration officer who stations overseas during CP. Your foreign student's status will be reviewed to determine your legal status in the states. Technically, there is no difference between CP and AOS if a person maintain his or her legal status except processing time. For people are out of status, AOS is recommended because you are able to access a lawyer to seek for legal remedy. CP is good for people with clean record and straightforward cases. If you lose your case at U.S. consulate, you would not be able to return to the U.S. anymore. It is very difficult to get a waiver for hardship without a good lawyer. Mo, unless you are sure that there is no other way (I MEAN ZERO CHANCE) to adjust your status in the states, which normally ends up same fate if you go through CP, you should apply AOS. Since you have D/S status, what is so difficult for a lawyer to help you adjust your status here? How will CP alter everything? or Am I missing something here? If a lawyer says CP will give you an easy pass, I do not see a reason that AOS will not allow you to pass your final interview? Good luck.

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