B2 visa pending for 17 months

ajnabhee

New Member
Hello,

Thank you in advance for your time. I am desperately looking for a direction to proceed with my dad’s B2 visa application that is pending for the last 17 months and any information, advise or suggestions will be greatly appreciated.

I am a permanent resident of US living in California for the last 12 years. My mom and dad, who live in Chennai, India applied for B2 visa at the US Consulate in Chennai last year so they can visit me. They both had their interview together on the same day with the same officer. My mom got her visa approved on the day of her interview. My dad has not received his visa yet and it has been 510 days and there is no update as of today. We have contacted VFS and the US Consulate in Chennai numerous times over the last one year but always received their standard, vague response which does not tell much on the status of case and neither tells us what to do next.

Please advise…
  • If my dad applies for another B2 application while the current one is still pending. Would that help or make things worse?
  • If there are any legal procedures, like the Writ of Mandamus, that we can use to force the consulate to make a decision on this case.
  • Would hiring an immigration attorney help with this case?
  • If this case can be escalated to higher authorities at the consulate. If so, please advise on how to proceed
  • If this is the end and he should give up on his plans to visit me.


Below is the chronological order for my dad’s visa processing.

DateDays since applicationStatus
14 Feb 20110 daysB2 Visa Application Submitted
10 Mar 201125 daysDad attended visa interview at Chennai Consulate.
Case status set to Pending Administrative Processing - 221(g)
11 May 201187 daysOnline case status changed to “SEND PPT”. Also received an email from ChennaiSAO@state.gov with below content...

As of today, the administrative processing for your visa application is complete. Please submit the requested documents via our drop box operated by VF. Please include the following.
1. Passport.
2. A hard copy of this email.


Since my dad was in UK during this time visiting my sister, he was unable to submit passport in May.
02 Aug 2011170 daysDad returned back to Chennai from UK and submitted passport to VFS.
Online case status changed to “PENDING PROCESS
07 Dec 2011297 daysNo updates on visa status. Dad requested his passport to be returned back so he can make other travel plans.
Online case status still shows “PENDING PROCESS
11 Jul 2012 (Today)514 days No updates on visa status yet.
Online case status still shows “PENDING PROCESS


Thanks again in advance! Any help or advise will be appreciated.
 
A1: New application may not even be entertained due to the pending one. Even if it is entertained, if the consul wants a background check, it will result in another 221(g).
A2: No WOM for B-2 visas
A3: Not really
A4: US ambassador can over rule the consul, in theory. However I do not see that happening.
A5: He should not give up. Patience might be rewarded. Indian consulate in Chicago took 22 months to grant me a visit visa. I waited patiently and was rewarded in the end.

Please advise…
  • If my dad applies for another B2 application while the current one is still pending. Would that help or make things worse?
  • If there are any legal procedures, like the Writ of Mandamus, that we can use to force the consulate to make a decision on this case.
  • Would hiring an immigration attorney help with this case?
  • If this case can be escalated to higher authorities at the consulate. If so, please advise on how to proceed
  • If this is the end and he should give up on his plans to visit me.
 
Hi there:

If you are an LPR who has lived in the US for 12 years, why don't you naturalize and become a US Citizen, then sponsor the both of them for their own green cards?

Good luck.
 
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