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Thread: Gov't Shutdown and Possible Delays at NVC starting OCT 1st.

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    Post Gov't Shutdown and Possible Delays at NVC starting OCT 1st.

    Hey guys,

    My husband came home yesterday and said that he heard that Congress is debating passing a budget again! and that there might be a Government Shutdown on Oct 1st? I googled it, As we are currently waiting on the NVC to close our case and was curious as to how this Government Shutdown might affect UCIS,NVC, and DOS. Here is what I found;

    http://www.laborimmigration.com/2013...-2013-edition/

    Government Shutdown and Immigration: (How) Will It Affect Me? (September 2013 Edition)

    September 18th, 2013 | Category: Articles, Government Shutdown, News, Travel, Visa Processing
    While we are hopeful that this is not the case, it appears that the chances of the U.S. federal government shutting down on October 1st are increasing. We would like to provide some information as to how a possible government shutdown would affect the immigration cases pending or to be filed shortly. Our office has been receiving an increasing number of inquiries from alarmed clients as to what would happen should the federal government close on October 1 if a deal is not reached on the federal government’s budget. (See latest Google News)

    How Would a Government Shutdown Affect Immigration Cases?

    There is no simple answer to this question, as some federal government agencies would continue to operate, some would close partially and some would close almost completely. Since the last time this kind of shutdown happened was 15 years ago, there are no clear rules and guidance as to what would remain open and what would close. With respect to immigration, it appears that there would be some disruptions to pending cases and upcoming filings. Generally, the government is likely to stop all non-essential, all non-self-funded and all non-contractually funded services. It is also helpful to look at the preparations for the averted April 2011 government shutdown.

    USCIS Cases

    Since USCIS is funded primarily through application fees, it is expected that most of its services and centers would operate normally, perhaps with slightly diminished staff. Because USCIS is a government agency which relies on other government agencies to perform its services, there may be certain disruptions; however, overall, case processing at USCIS is expected to resume. Border processing of immigrants and border enforcement activities would continue as they are deemed “essential.”

    Department of State – No (or Slow) Visa Applications; Visa Bulletin Uncertain; NVC Processing Could Continue

    The Department of State (DOS) is expected to to cease non-emergency visa services and non-US citizen services at U.S. Consular Posts abroad. As a result, no new visas are expected to be issued and visa application interviews are likely to be cancelled (or postponed). U.S. passport applications will not be accepted and processing of submitted applications is likely to be put on hold.

    As a comparison, according to data from the Congressional Research Service Report, during the last shutdown in 1995, approximately 20,000 – 30,000 visas went unprocessed each day and 200,000 applications for U.S. passports went unprocessed.

    It is unknown at this point, however, whether the November 2013 Visa Bulletin, which is expected to be issued in early October by the Department of State, will be affected. Many of our readers are eagerly expecting each Visa Bulletin.

    With respect to immigrant visa (family, employment, etc.) cases pending at the National Visa Center (NVC), it is possible that they would continue to be processed as NVC’s staffing funding was under contract.

    Department of Labor – LCA, PERM and Audits

    It is unclear exactly how the Department of Labor would be affected. We expect that ETA Form 9035 LCA filings, used most often in connection with H-1B filings, to be affected. This may mean that no new LCAs can be filed (and those filed may be put on hold) and, as a result, new H-1B filings can be delayed.

    ETA Form 9089 PERM labor certifications are expected to be similarly affected. It is unclear whether the system allowing new PERM labor certification filings would be shut down; however, we expect that processing of PERM labor certification cases to stop during a shutdown. This holds true for processing of PERM audits and appeals at the BALCA. Shutdown in PERM processing would further cause PERM case processing delays, on top of the already significant PERM processing times.

    Conclusion

    While the full extent of the federal government shutdown (if it were to happen over the next couple of weeks) is unknown; we can anticipate some disruptions to government services affecting immigrants. Perhaps more severe would be the disruptions to visa applications at U.S. Consular Posts abroad, followed by delays or inability to file H-1B and/or PERM labor certifications. While some of these affected cases would be able to withstand delay, there would be a number of urgent visa or petition cases which would need to be filed or processed. The shutdown would also create a significant increase in the processing time backlogs for almost all immigration cases. We urge clients who have time-sensitive cases which may be affected by a possible government shutdown to plan accordingly.

    We stand ready to help analyze any cases which are time-sensitive and may suffer severe negative impact by the shutdown. Please feel free to contact us. Our office would also continue to monitor developments and provide timely updates. Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.


    This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.


    Anyway what do you guys think? I hope it doesn't happen but if it does I hope it doesn't affect NVC too much but I am curious of what may happen with consulate offices such as CDJ?
    My Timeline:
    1991 EWI.
    2000 Met hubby.
    2007 Got Engaged.
    2008 Got Married!!!
    2009 Filed I-130 Petition (Started Immigration Process)
    2009 Received I-797 (I-130 Approved)
    2011 NVC closes case due to no communication.
    2012 Repaid fees... Again to re-open case.
    April 2013 I-601A Waiver sent.
    May 2013 Waiver Accepted!!!!
    May 2013 Biometrics Appointment.
    August 2013 PW Approved!!!!

    September 2013 NVC received AOS and Civil documents to close case.
    October 2013 Re-submitted AOS to close case.
    November 2013 NVC Finally closed case!!
    December 2013 Appointment scheduled for January.

    January 16, 2014 VISA APPROVED!!!!!!!
    January 18, 2014 Back in the good ol' US of A!!!!

    February 1, 2014 Received SS Card!!!!
    March 6, 2014 Received GC!! We are officially DONE!!! GOD IS GOOD!!

  2. The Following 2 Users Say Thank You to lilnaynay25 For This Useful Post:

    candiathis (09-19-2013),steliyan (09-30-2013)

  3. #2
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    It seems like NVC would not be affected, but consulates may close and DOS will stop issuing visas for sure.
    October 2001- hubby EWI from Mexico
    May 2008- married
    2011- DS born!!!
    July 15, 2011- I-130 accepted---- February 23, 2012- I-130 approved FINALLY!
    March 14, 2012- NVC receives our case----- April 4, 2012-case closed w/NVC
    April 27, 2012- given 1st appointment in Ciudad Juarez
    May 30, 2012- husband left for Mexico
    June 1, 2012- medical and fingerprints
    June 5, 2012- interview eligible for waiver yay!
    June 8, 2012- mailed waiver to lockbox June----June 11, 2012- text message received waiver
    June 26, 2012- text 11:45 am to check status-- APPROVED
    July 4, 2012- 1st WAYBILL!---- July 13, 2012- mailed passport to CDJ
    July 26, 2012- showing visa issued!! ---- July 30, 2012- 2nd waybill!! Almost done!
    August 2, 2012- Visa in hands!!
    September 1, 2012- HUBBY HOME!!!
    Jan. 2014- Baby #2 due!!! ITS A BOY!
    2 BILs: middle BIL AP survivor 29 weeks!; youngest BIL F2A visa issued Dec 2013!

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    lilnaynay25 (09-20-2013)

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    Country: Honduras
    Should we not go to our appt ???? I don't ant to be stuck over there
    Application sent: 3/4/2013
    Delivered to Lockbox: 3/6/2013
    NBC receipt: 3/8/2013
    Received I-797C 3/29/2013
    Biometrics letter received: 3/30/2013
    Biometrics appointment date: 4/12/2013
    Biometrics done (walk-in): 4/02/2013
    RFE received?: YES 4-30-2013
    RFE Info Recieved: 6-3-2013
    Waiver decision date: 6/13/2013
    Waiver decision: APPROVED
    Filing country: Honduras
    VISA APPT 10-10-2013 God willing we will be back togehter
    Visa received: 10-16-2013
    Extra information: WE came home 10-17-2013 GOD IS GOOD ALL THE TIME !

    All things good come from the LORD

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    No go to your appointment. The shutdown is just a possibility.
    October 2001- hubby EWI from Mexico
    May 2008- married
    2011- DS born!!!
    July 15, 2011- I-130 accepted---- February 23, 2012- I-130 approved FINALLY!
    March 14, 2012- NVC receives our case----- April 4, 2012-case closed w/NVC
    April 27, 2012- given 1st appointment in Ciudad Juarez
    May 30, 2012- husband left for Mexico
    June 1, 2012- medical and fingerprints
    June 5, 2012- interview eligible for waiver yay!
    June 8, 2012- mailed waiver to lockbox June----June 11, 2012- text message received waiver
    June 26, 2012- text 11:45 am to check status-- APPROVED
    July 4, 2012- 1st WAYBILL!---- July 13, 2012- mailed passport to CDJ
    July 26, 2012- showing visa issued!! ---- July 30, 2012- 2nd waybill!! Almost done!
    August 2, 2012- Visa in hands!!
    September 1, 2012- HUBBY HOME!!!
    Jan. 2014- Baby #2 due!!! ITS A BOY!
    2 BILs: middle BIL AP survivor 29 weeks!; youngest BIL F2A visa issued Dec 2013!

  7. #5
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    Country: Honduras
    His appt is 10-10 he. Can't get stuck there ?
    Application sent: 3/4/2013
    Delivered to Lockbox: 3/6/2013
    NBC receipt: 3/8/2013
    Received I-797C 3/29/2013
    Biometrics letter received: 3/30/2013
    Biometrics appointment date: 4/12/2013
    Biometrics done (walk-in): 4/02/2013
    RFE received?: YES 4-30-2013
    RFE Info Recieved: 6-3-2013
    Waiver decision date: 6/13/2013
    Waiver decision: APPROVED
    Filing country: Honduras
    VISA APPT 10-10-2013 God willing we will be back togehter
    Visa received: 10-16-2013
    Extra information: WE came home 10-17-2013 GOD IS GOOD ALL THE TIME !

    All things good come from the LORD

  8. #6
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    I wouldn't skip your appointment on the possibility of something like this. There's always a lot of talk about shutdowns, but it's not common that it happens.
    My husband EWI from Mexico in 1991, and we married in 2011 and filed the I-130. By February 2012, he had his visa appointment in Juarez, and we were one of the first Lockbox filers in July 2012. It took us less than a month for approval! No lawyer used, but only because the one we initially retained turned out to be horrible. Don't make our same mistake!! Use an experienced, recommended attorney!

    My Favorite Links:
    Intro, How To's, and Signatures
    Overview of I-601 and Consular Processing
    All About I-601's
    Support Letters from Family and Friends





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    lilnaynay25 (09-20-2013)

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    If he is out of the country then if the appointment is cancelled due to a government shutdown then you will just have to wait it out.

    IF he is still in country (you did the PW?) then you will know before the appointment date if the consulate is open.

    So there is absolutely no risk to you guys at all. You will be given plenty of warning before a government shutdown occurs/you will know how it will affect you.
    October 2001- hubby EWI from Mexico
    May 2008- married
    2011- DS born!!!
    July 15, 2011- I-130 accepted---- February 23, 2012- I-130 approved FINALLY!
    March 14, 2012- NVC receives our case----- April 4, 2012-case closed w/NVC
    April 27, 2012- given 1st appointment in Ciudad Juarez
    May 30, 2012- husband left for Mexico
    June 1, 2012- medical and fingerprints
    June 5, 2012- interview eligible for waiver yay!
    June 8, 2012- mailed waiver to lockbox June----June 11, 2012- text message received waiver
    June 26, 2012- text 11:45 am to check status-- APPROVED
    July 4, 2012- 1st WAYBILL!---- July 13, 2012- mailed passport to CDJ
    July 26, 2012- showing visa issued!! ---- July 30, 2012- 2nd waybill!! Almost done!
    August 2, 2012- Visa in hands!!
    September 1, 2012- HUBBY HOME!!!
    Jan. 2014- Baby #2 due!!! ITS A BOY!
    2 BILs: middle BIL AP survivor 29 weeks!; youngest BIL F2A visa issued Dec 2013!

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    lilnaynay25 (09-20-2013)

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    Yes we did do the PW so is DHS who gives the visas or is it USCIS or is it NVC im totally lost ?
    Application sent: 3/4/2013
    Delivered to Lockbox: 3/6/2013
    NBC receipt: 3/8/2013
    Received I-797C 3/29/2013
    Biometrics letter received: 3/30/2013
    Biometrics appointment date: 4/12/2013
    Biometrics done (walk-in): 4/02/2013
    RFE received?: YES 4-30-2013
    RFE Info Recieved: 6-3-2013
    Waiver decision date: 6/13/2013
    Waiver decision: APPROVED
    Filing country: Honduras
    VISA APPT 10-10-2013 God willing we will be back togehter
    Visa received: 10-16-2013
    Extra information: WE came home 10-17-2013 GOD IS GOOD ALL THE TIME !

    All things good come from the LORD

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    Dept of State is actually who issues the visa.
    My husband EWI from Mexico in 1991, and we married in 2011 and filed the I-130. By February 2012, he had his visa appointment in Juarez, and we were one of the first Lockbox filers in July 2012. It took us less than a month for approval! No lawyer used, but only because the one we initially retained turned out to be horrible. Don't make our same mistake!! Use an experienced, recommended attorney!

    My Favorite Links:
    Intro, How To's, and Signatures
    Overview of I-601 and Consular Processing
    All About I-601's
    Support Letters from Family and Friends





  14. #10
    Junior Member
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    so if they close down that would def effect me Right ?
    Application sent: 3/4/2013
    Delivered to Lockbox: 3/6/2013
    NBC receipt: 3/8/2013
    Received I-797C 3/29/2013
    Biometrics letter received: 3/30/2013
    Biometrics appointment date: 4/12/2013
    Biometrics done (walk-in): 4/02/2013
    RFE received?: YES 4-30-2013
    RFE Info Recieved: 6-3-2013
    Waiver decision date: 6/13/2013
    Waiver decision: APPROVED
    Filing country: Honduras
    VISA APPT 10-10-2013 God willing we will be back togehter
    Visa received: 10-16-2013
    Extra information: WE came home 10-17-2013 GOD IS GOOD ALL THE TIME !

    All things good come from the LORD

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