Name check delay at Matamoros/Brownsville but got partially lucky

jwdkhan

Registered Users (C)
OK, so I'm writing from Harlingen airport at the moment waiting for my return flight back to Dallas. I'm writing some of these details down while I have 4 hours to kill and in the hope that it will help someone in the future. It's been a miserable day but I have a lot to be grateful for. If any of you had read my earlier posts, I was trying to guage what the probabilities were for getting a successful H1-B visa stamped from Mexico. After going through all the posts I could read, I'd decided Brownsville was one of the safest places to goto. For background information, I'm from Pakistan and also a South African permanent resident. I've been in the US for the past 9 years and in 2005 had my first H1-B (6th year) stamped at the US consulate in Johannesburg after a 30 day security check. Last year in January I went for my 7th year extension and had the visa stamped the same day.

Based on that experience I assumed it would be safe to goto Mexico for my visa stamping. I booked SWA flights from/to Dallas - Harlingen for yesterday. Harlingen is half an hour's drive from Brownsville and the next closest airport to Brownsville. It caters to South West airlines and there are flights coming in and going out to Dallas almost ever hour. The last flight back is at 8:00pm which makes Harlingen a good choice just incase there are any visa delays at the consulate or immigration delays at the border. Flights into almost all other consulate airport cities leave by 5:00pm which would be cutting it too close if there were any delays. I used the services of Consular Trip Services (CTS) since they were willing to pick/drop me from/to Harlingen. I was dropped at a Days Inn motel in Brownsville for the night (I'd made reservations in advance) and was picked up again the following morning at 7:15am before driving to the Brownsville border crossing - we got there at 7:30am. Since I'm from Pakistan I even have to go through Special Registration whereby I have to let immigration authorities know everytime I leave or enter the US.

Special Registration (SR) was an experience in itself. What usually takes 5-10 mins at the airport took an hour and 20 minutes here. I could see my passport being pushed from table to table while the officers just chatted about. Finally someone took charge after seeing I'd been vanguishing for the past hour and completed the registration (more on this officer latter). SR is just adding exit/entry notes in their computer database and should take no more than a few minutes. Besides I was the only SR applicant and there was hardly any other traffic in that waiting room. They're probably not accountable for the time they spend working which clearly showed. We drove over the bridge, crossed into Mexico and got to the Consulate which was about 10 mins away. Got into the H1-B line which was short (I was already late for my 8:30am appointment by 40 mins but that didn't matter much). Went through security check then had my I-797, passport, D-156 & D-157 checked at first counter. They issue you a token which moves you to one corner of the hall. Here when your number is displayed, another person checks all the information in detail, takes digital pictures and asks you to move to the 'interview' section of the hall. My turn came in about 40 minutes from the time I had entered the consulate.

The visa officer was a fairly pleasant lady who only asked for my passport, my I-797 and the D-156/157. She noticed that the last visa on my passport had been 'Cancelled without Prejudice - CWOP' which I mentioned had been done at the border bridge since it had already expired. She asked me where I worked and what I did there [software developer at a telecom company]. She then asked me how long I'd worked there. Finally after checking some things on her screen she asked that I wait for a short while while she checked on something. She came back to say this will require a few more minutes, hopefully, and will call me soon.

I finally got called after another 40 minutes, having seen her interview several other applicants and ocassionally discussing my case with her supervisor sitting in the adjacent cube and towards the end another officer came by who seems was called just for my case. I was sitting right acrosss them in the hall and could see all three of them go all over the computer screen when discussing my passport. Finally she called me and said the visa could not be issued the same day and could take anywhere from 2 weeks to 3 months depending on the name check results. I was not prepared for this and asked if there was any additional information that I could provide to help clear up any missing information. I did mention that I'd never been out of status and could account for every trip I'd made abroad. I also pointed out to my previous name check delay and how last year I had no issues. She replied by saying she understood how this would inconvenience me but there was no way she could over-ride the name check. She said my name justified a full name check everytime which is what her supervisor also repeated and seemed surprised why my last visa was issued the same day without a name check.

To make things worse, my infant son had fever before I left which had me double minded about this trip. But I had already made the appointment and made flight/hotel reservations. I did mention that my son was ill and it would make things very difficult for my family if I were not to return. I asked if there was anyway I could be allowed to go back - all replies were in the negative. Finally I asked the supervisor that I had read somewhere on the web (infact it was this very forum, someone had gone through this in Tijuanna) where they let the person go back while they did the name check procedure. She replied saying it was upto the border immigration officer if he/she wanted me to go through but that was highly unlikely. She must have mentioned this a few times that there was virtually no chance they'd let me go back through the border, though she did say once that if they did, she would have no objection to it. The visa officer re-took all my contact information again and said she'd personally check on my approval everyday and would contact me immediately. My passport and I-797 were returned to me. Both the visa officer and her senior took the time to listen to me and did not seem rushed to move to the next applicant, which I did appreciate.

I left the consulate with CTS who had been waiting for me all the while, back to the border crossing. Surprisingly there were no delays on the way back. We walked straight back into the same immigration office that I'd done my Special Registration in. I tried to explain my situation to an immigration officer at the window but apparently she had no clue what I was trying to explain to her. Another officer there did not seem interested and said that I needed to wait in Mexico for my visa approval. Luckily the same person who had done my Special Registration earlier in the day walked in. He asked if I'd come to do my re-entry Special Registration but the lady officer explained to him what she'd gathered of my case so far. He also said this was not possible. I pleaded that I had to go back, and if for no other reason, to tend to my ill infant son and because my staying back would make things very difficult for me, my family and also adversely affect my job. I don't know what made him change his mind, but after I'd almost given up, he just said, let me see what I can do. Took all my documents with him and returned after 10 mins saying he'll let me through as a special favor. So for now, he's returned the I-94 they had taken from me earlier and said I could keep this. When I get called by the consulate, I'd have to return to Brownsville, go through the crossing without Special Registration, goto the consulate , get the visa stamped and then do Special Registration when I re-enter. I just think I got very very lucky. If that same officer had not returned, I do not think they'd have let me back in. I would not suggest you try this yourelf hoping they might let you back just because I was let through.

I'd have to say one of the best things I did was employ CTS' services. It was just a reassurance knowing they were there, I didn't have to goto the bank in the morning nor hail taxis. I think it would have been a nightmare after this name check thing trying to figure out what to do had my re-entry also been denied. CTS did mention they'd try and hole me in a reasonable hotel and try and provide a computer and broadband connection if the need arose. Anyway, it's not over, I still have to go back to Brownsville sometime in the future, and to the consulate for the visa.

But I am very grateful things have turned out for the better. That my friends, is in short, what I went through today. I hope this helps some of you who are still deciding on whether to risk it or not. Had I known, I'd never have come. I was planning on visiting Pakistan latter this year (after 9 years) and thought I'd get done with the visa stuff because I had been warned of confirmed stamping delays from Islamabad. However I would not want to discourage others from Matamoros also. I've heard that almost everyone gets approved here. Infact there was a fairly large group of desis who seem to have come earlier than me, and I think everyone of them got their visas. But If you've experienced name check delays before - rethink your visit, infact that would apply for all the consulates.

If anyone has any questions, please ask, I'll try to answer them to the best of my ability. Good luck to everyone else, I'll post an update when I actually do get the visa :D.

Jawad Khan
 
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This post goes a long way in explaining what a law abiding, legal immigrant has to go through just because he is a Pakistani and Muslim. The border officer let you in again is aan incident that is almost never heard of. You are lucky in atleast in that regard.

Good luck.
 
jwdkhan,

Do you know if you need to get Mexico visa prior to going to the Matamoros embassy for stamping? In case if you get held up due to name check and not able to get back in from the border, are you allowed to stay in mexico without visa?
 
Kaiser,

Hi. You probably don't need a visa if you plan on visiting the consulate only. I remember reading somewhere that if you are within a few miles of the border (where most consulates are), then you can do with a visit permit also. I had paid CTS $35 for this which they use to get the permit the day of your visit right at the border crossing on the Mexican side. However since we were already quite late for the 8:30am interview due to my Special Registration escapade, we just drove past and no one stopped us.

So again, you probably don't need anything, there's no one there to check you on the way into Mexico. But I had gotten it just incase something went wrong, so as always to be on the right side of the law. Didn't want to be stranded in Mexico without any sort of visitation permit. If you made to stay back for some reason (name check etc.) and you decide to fly out to your home country instead of waiting in Mexico, then the closest international airport I have heard is Mexico city airport. I would think they'd ask for some sort of visa over there to check your status in Mexico. However flying back to Pakistan or South Africa was not an option for me. The costs and logistics involved would have been too much.

I also forgot to add that I was not asked for a photograph when I submitted the D-156, though I had taken one along. The lady in the second room took digital photos which is what they probably use. However I did see that all visit visa applicants seemed to have phtos stuck on their applications. And one more benefit of using CTS was that I checked out of the hotel in Brownsville and left my bag/phone in the CTS van who waited for me outside the consulate. Took only my documents and wallet with me. So I didn't have to worry about where to store my travel belongings, cell phone etc. I really think it's worth the money you pay to use their services, rather than try and save this if you were to go on your own - just a suggestion (ps. I paid $235 which includes the visa bank draft, Mexican visit permit, transportation and misc toll charges).

I guess this whole thing means that someday, when I do eventually file for my I-485 or decide to go the Consular Processing way, my application is very likely to get delayed again due to name checks. Not surprisingly, this year my I-797 was approved after 4.5 months from the California Service center, again delayed due to name check. You'd think all these name check results would merge somewhere and they wouldn't have to do them over and over again for each stage, some after just a few weeks. It gets very frustrating, especially with all this un-certainty, to plan anything with exact dates for the future. What would otherwise have been a long due vacation to Pakistan, nearly ended up being a botched stay in Mexico without a valid return visa. Not to mention the tension, the time and money spent and this helpless feeling at the border crossing. Ah well, things could have been worse.

Jawad
 
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Status Update:

I called the consulate yesterday, exactly 2 weeks after my interview. The operator put me through to some gentleman who wrote down my first, last names and my nationality. He came back in a few minutes saying there had not been any development. I asked when and if there was a name check clearance, if I'd have to reschedule another appointment and go through another interview? He wasn't sure and asked if I'd like to speak to the visa officer who had originally interviewed me.

I spoke with her after a 2 minute wait and she repeated the same thing about no news on the clearance. I then asked the same thing about the appointment and how soon I'd have to come when called by the Consulate. She said there was no need for an appointment and could come any working day, upto 3 months after their call, along with my passport and I-797 to have the visa stamped.

I did mention to her that I was currently in the US and they had let me back after returning my old I-94. She seemed surprised that I was back in Dallas and asked to confirm that I was indeed within the US. She paused for a short while and then said that I should make sure I do not violate the terms of my re-entry by over-staying past what they had allowed me. Since the border immigration officer had not said anything about how long I could stay within the US, i.e. not put any time frame, I did not discuss this with her any further.

So for now I'll just wait for the clearance call from the Consulate. I'll post updates when there's some development.

Jawad
 
It's been 9 weeks since my interview and I've called each week for the last 4 weeks with no update. I am told it has not cleared the name check as yet. When I called today, the intermediary officer (who goes and asks the interviewing officer each time for an update) came back saying the interviewing officer says she checks everyday and will call me when it's approved.

I have to visit home in 3 months and I'm getting a bit worried now. If this is not approved before then, there's no way I can leave and enter the US. But 6 months for a name check is ridiculous.

More later.
 
Driving to Matamoros on July 30th from Austin

I'll be driving to Matamoros for H1-B stamp on monday July 30th from Austin and planning on driving back the next evening. Anyone want to car pool?

Thanks,
Sachin
512. 293. 2036
 
Visa Finally Issued!

UPDATE:

I got a call from some lady at the US Consulate this morning around 8:00am. She said my visa had been issued and I should mail my passport to her attention at the Consulate so she could have the visa stamped on it. Finally after 15 weeks!

She also said no other document was needed and I should include return shipping along with my package. I confirmed whether I could mail the passport to her and did not have to show up in person, she said yes. Incidently the mailing address she gave me was for the US side of the border. Something like 'US Consulate, xyz rd., Brownsville (not Matamoros), TX zip-code.

There was nothing more to ask. One thing I did realise was that she never asked me to come and have the passport stamped (on the assumption that I was still around in Matamoros). I wonder if the interviewing oficer I had spoken to a few weeks back had actually updated my records to say I was back in the US. Or perhaps when I was finger printed after crossing back over, she had access to those records? Anyway this is all secondary, it is such a relief. So finally after almost 3.5 months my name check clears and I'll get my visa :D. I'll post another update once I have the passport back with the visa stamped on it.

Jawad
 
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Very good info

Jawaid bhai,
Very good info yaar , I know what you have been through any congratulations finally you got your visa ..
 
Thanks GCbigJoke / manwithnoname. I've tried to document my experience with the hope that some folks in a similair situation like mine can make better and informed decisions on their visa appointments. Most of us already have our hands full with daily issues, these additional factors only add to the un-certainty and make things harder ;).

Good luck to everyone.

Jawad
 
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Closure - finally!

Received my stamped passport today. Sent it by Fedex with a pre-paid Fedex envelope for return shipping as instructed. Got it back within a week. I checked the visa details and everything looks good. I'm just so glad I did not have to go back to Matamoros in person to have it stamped.

Hopefully I'll also receive my Advance Parole soon, so I won't have to apply for visa renewals again. Good luck to everyone :).

Jawad
 
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