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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 102145
Experience:  US immigration attorney licensed in state and federal court.
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I have an Immigrant visa to the United states due to expire

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I have an Immigrant visa to the United states due to expire on March 2, 2016 after 6 months from its issuance. The reason i cannot travel at the moment is because I submitted my passport to the UK home office in November 2015 to renew my limited leave in the UK as I am a parent of a British child who is not immigrating with me to the US as he is settled here with the mother. However, to keep my contact with him i had to legalise my stay here before i fly out to the US. The renewal process is estimated to be atleast two months but i have waited for over 3 months now. I wish to complete this process before i proceed to the US but will the visa agent at the embassy accept my plea to issue a new immigrant visa once my passport is back?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Normally, the US consulate/embassy will work with the individual to provide another copy of the visa for the new passport and will extend the "use date" for a few months given extraordinary circumstances. However, this has to be arranged ahead of time. The consulate/embassy has to be contacted and an appointment requested, and the consular agent will have discretion on what to decide. Again provided that this is done ahead of time, they will normally work with you. They may ask you to write a letter for the NVC, or, they may do this from their end, or both. This would be an administrative procedure meaning no special form is required - simply to contact and request. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
Thank you sir for the response. The issue now is that I do not have my passport on me. There are no means to contact the American embassy on phone/email as they refer everything to their website.
Expert:  Ely replied 1 year ago.
Okay. Which US embassy/consulate did you interview at (i.e. Longon, Edinburgh, etc)?
Customer: replied 1 year ago.
London
Expert:  Ely replied 1 year ago.
Thank you. The number to the US Embassy is [44] (0)20 7499-9000. You can also direct your request to the USCIS field office which works closely with the US Embassy, if the US Embassy does not respond: Street AddressUSCIS Field Office LondonEmbassy of the United States of America/DHS/USCIS24 Grosvenor SquareLondon, England W1K 6AH Mailing AddressUSCIS Field Office LondonEmbassy of the United States of America/DHS/USCIS24 Grosvenor SquareLondon, England W1K 6AH 44 (0)***-***-**** from 2:30pm-3:30pm, Tuesday and Thursday Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Thank you Also what if I am not granted the UK leave that I applied for. Will that be a problem for the American embassy to listen to my case to re new my immigrant visa
Expert:  Ely replied 1 year ago.
Well, as long as you still have a valid greencard, then even if you UK leave is denied, that does not void your greencard. However if your time to use the greencard (6 months, or extended per request) ends and you have not used it yet, and then your UK leave is denied shortly thereafter, then filing for another greencard may be problematic because the US Embassy may no longer consider you to be lawfully present in the UK to request the greencard to begin with. I hope that makes sense. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I do not have a green card yet. Only an immigrant visa for 6 months in my passport which is due to expire on 2/03/16. This is the issue at the moment because I do not have my passport to travel and I do not know when the home office will finalise with my case.
Expert:  Ely replied 1 year ago.
Sorry, I meant "immigrant visa" when stating "greencard," since the latter is converted into the former anyhow upon arrival. Ergo: Well, as long as you still have a valid immigrant visa, then even if you UK leave is denied, that does not void your immigrant visa. However if your time to use the immigrant visa (6 months, or extended per request) ends and you have not used it yet, and then your UK leave is denied shortly thereafter, then filing for another immigrant visa may be problematic because the US Embassy may no longer consider you to be lawfully present in the UK to request the immigrant visa to begin with. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
So since my immigrant visa is expiring on Wednesday and I do not know what their decision on my case will be. What is my best option to keep alive my immigrant status as l have also already paid the uscis fee online back in January
Expert:  Ely replied 1 year ago.
To contact US Embassy/USCIS on Monday and ask for an extension. I do not know how fast they would get back to you, but this is the best option herein. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
And lastly do u think my case holds enough water for my immigrant visa to be extended once I get my passport back from the UK home office and how long do appointments take to be heard.
Customer: replied 1 year ago.
The fact that I am applying to stay in touch with my UK resident son whom I cannot immigrate to the US with as he is settled here with the mom.
Expert:  Ely replied 1 year ago.
Hello, The extension of your immigrant visa is solely at the discretion of the USCIS and consular agent. "Hold water" is a relative term. Is there enough to warrant mitigating circumstances? Yes. Do they have to do this? No. But they may - it all depends on them and is on a case by case basis (family situation included). Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Thank you so much
Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.
Ely and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ely, is it ok to ask follow up from my previous US I mmigration question. I do not want to be charged again?
Expert:  Ely replied 1 year ago.
Sure. What else can I answer?
Customer: replied 1 year ago.
I used the contact form on the website to alert them of my inability to travel before expiry of my visa but i got a response from the information unit today on email saying it is not posiible to extend the validity of a diversity visa, however on the website it states that it is up to the the consular officer to determine if the reasons for not travelling were due to circunstances beyond your control. so which is which...i am a bit confused and worried.
Expert:  Ely replied 1 year ago.
Thank you for your reply. If the USCIS field office is saying no or is declining to decide on this, then your best chance is to try to contact the US consular agent at the US Embassy/consulate that is your contact to override this. I am sorry.
Customer: replied 1 year ago.
No the reply to my enquiry was not from the USCIS field office. The USCIS field office refered me to a website contact form which i could use to contact the visa unit by email with my question. and that was the response i got from the information unit. However, the website says it is a decision for the consular officer to determine those factors
Expert:  Ely replied 1 year ago.
Link me to the website contact form that you used, please.
Customer: replied 1 year ago.
so i am just waiting to get my passport and take it to the embassy together with the visa pack and my reasons why i could not travel and wait to hear from them. Should i include all the relevant evidence when i take my paspport to the embassy or wait to be called for an appointment?
Expert:  Ely replied 1 year ago.
Link me to the website contact form that you used, please.
Customer: replied 1 year ago.
https://uk.usembassy.gov/visas/visa-information-services/contact-us-immigrant-visas/u-s-embassy-london-visa-unit-contact-form/
Expert:  Ely replied 1 year ago.
Thank you. That form is to the US Embassy so it would have been sent to the consular agent. So if a reply came back as no, I am afraid that you have your answer.
Customer: replied 1 year ago.
but i did not present any evidence or explain my problem...it was a general inquiry. on the web it says that the cousular will make decision depending on circumstances presented to him
Expert:  Ely replied 1 year ago.
The person is expected to explain their dilemma and the circumstances in the submission form.
Customer: replied 1 year ago.
so u mean i should do nothing even when i get ny passport back which contains the visa?
Expert:  Ely replied 1 year ago.
I cannot tell you what to do. I can only provide general information. I believe we have already gone over options for someone in your situation. At this time, it seems that the consular agent/US Embassy is rejecting your request for extension.
Customer: replied 1 year ago.
ok i understand. thank you sir
Expert:  Ely replied 1 year ago.
No problem. Good luck.

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