US visa help

[magsi23]

I applied for US tourist/Non-immigrant Visa in October 2005 in London UK, visa officer was satisfied with my application but said my visa would need further processing in washington which would need few weeks.

Its been 20 months since and still nothing from them, everytime i email or write them i get same generic answer saying we can not determine the time when i would get clearence so i can get the visa. Visa officer had even told me that she will be giving me 5 years multiple visa?


Any advice on what should i do? who to contact to get any update? because american embassy in Lomdon just seem hopeless

[Marco 72]

Have you tried calling them?

[magsi23]

Have you tried calling them?

Yes i have but there is only one phone number which is Appointment operator, he said he does not have any other phone number to give and the only way i can contact them is Via email.


Regards

[SYH]

Why dont you just apply again?

[magsi23]

Why dont you just apply again?

How can i apply again when my current application is still pending?

[SYH]

Ok withdraw it and reapply
but unless it says no duplicate applications, there is nothing barring you from submitting again

[magsi23]

Ok withdraw it and reapply
but unless it says no duplicate applications, there is nothing barring you from submitting again

Well i really dont know how to withdraw because there is no one to talk to? so you suggest i should book new appointment and apply again? and explain things when i am at the embassy physicaly?

Its all good but personaly i dont know for sure if thats going to help

[SYH]

your call
its just a suggestion, if you have a better solution, go for it

[Marco 72]

magsi23: recommend you do not listen to SYH (unless non sequiturs are your cup of tea). You may want to consult an immigration attorney, but it's not going to be easy. Sometimes applications for US visas or citizenship get stuck for years at the FBI check stage. Often people have to sue to get them to proceed. Do a google search for "naturalization" and "mandamus". See here (from the American Immigration Law Foundation website). I don't know if it's possible to sue for a tourist visa.

[Marco 72]

This is one of the successful cases mentioned on the site I gave earlier:

Am. Acad. of Religion v. Chertoff, 463 F. Supp. 2d 400 (S.D.N.Y. 2006). The court found jurisdiction to compel adjudication of plaintiff's nonimmigrant visa application and ordered the agency to issue a decision on the application within 90 days. The application had been pending for approximately four months when plaintiff filed this action.

So apparently it is possible to go to court for a nonimmigrant visa.

[magsi23]

This is one of the successful cases mentioned on the site I gave earlier:

Am. Acad. of Religion v. Chertoff, 463 F. Supp. 2d 400 (S.D.N.Y. 2006). The court found jurisdiction to compel adjudication of plaintiff's nonimmigrant visa application and ordered the agency to issue a decision on the application within 90 days. The application had been pending for approximately four months when plaintiff filed this action.

So apparently it is possible to go to court for a nonimmigrant visa.

Thanks alot guys much appreciated all your time. I think i might actualy try that because ive Paid money for the service i have not received.

Just to get your opinion, you think that might help if i tell them in writing that i would be taking legal action, do you think they might actualy do something then?


Regards

[Marco 72]

Just to get your opinion, you think that might help if i tell them in writing that i would be taking legal action, do you think they might actualy do something then?

I wouldn't bother. You are not dealing with a private company but with an agency of the US government, which has nothing to lose by being taken to court. Also I am not 100% sure if you can go to court, although I think it's probable, so I would recommend consulting a lawyer first (there are some qualified US immigration lawyers in the UK). In the case I quoted above the plaintiff was not the visa applicant himself, but an American institution which claimed to be inconvenienced by the delay. The visa applicant was the Swiss Islamic scholar Tariq Ramadan, who had applied for a visitor (B) visa in September 2005. In June 2006 the court ruled that the government had failed to adjudicate the visa application within a reasonable time, and ordered it to reach a decision within 90 days.

[magsi23]

Well i have just send them another letter today, see what happends if not i will sure contact some lawyer.

Many thansk for your help guys

[jes2jes]

ANY:

Do you have any criiminal record in the UK or abroad? Has any of your relatives/family members committed crimes relating to genocide, terrorism etc abroad or the US? Finally, have you made trips to any of the 'Axes of Evil Nations' in the past couple of years?

These would lead to delay and investigation although sometimes mistakes are made on individuals but most NIV are decided at the time of interview and granted accordingly. People are asked to comeback only if they need more documentation or investigation (in your case).

Did you get your passport back? Re-applying would not solve the issue since the fundamental issue of delay has not be clarified. You are better of using an immigration lawyer who can obtain much information in relation to the delay as Macro suggested.

Re-applying would just put a dent in your pocket (last time I check it was around 65 quid).

[magsi23]

ANY:

Do you have any criiminal record in the UK or abroad? Has any of your relatives/family members committed crimes relating to genocide, terrorism etc abroad or the US? Finally, have you made trips to any of the 'Axes of Evil Nations' in the past couple of years

Re-applying would just put a dent in your pocket (last time I check it was around 65 quid).

No myself or any member of my family has never had any criminal conviction, infact ive never even been to police station in my life.

My nationality is Pakistani and yes ive been there ofcourse. but other than that ive been to few countries in western europe and thats about it.

Not only 65quid i paid $80 USD for additional administration fees

[gokulgb]

Hi there,

I was reading your post and found it very similar to the situation I am in now. I was wondering if u have got ur passport back? wat happened to the visa?

[magsi23]

Hi there,

I was reading your post and found it very similar to the situation I am in now. I was wondering if u have got ur passport back? wat happened to the visa?

Well they never actualy kept my passport they only held orignal application form and all other documents, but no still havent got the visa, i got email from them only yesterday, giving me usual stuff that we will let you know as soon as possible etc.

I might be loosing interest in this.


Regrads

[Marco 72]

Getting a visa for the US is becoming incredibly difficult if you have any connections with a country involved in the "war on terror". In Ramadan's case they took a year to decide on his B visa, and that was only because the courts forced the Department of Homeland Security to reach a decision. Even then, Ramadan's application was denied on what looked like an excuse.

[magsi23]

Getting a visa for the US is becoming incredibly difficult if you have any connections with a country involved in the "war on terror". In Ramadan's case they took a year to decide on his B visa, and that was only because the courts forced the Department of Homeland Security to reach a decision. Even then, Ramadan's application was denied on what looked like an excuse.

Well in my case visa officer was satisfied with my application she even said she will be giving me 5 years multiple visa, however i had to go through with the clearence procedure which is taking forever, surely they are not going to refuse it now will they?