Wednesday, July 22, 2020

221g PROBLEM CONTINUES AT MANILA


The Manila Post continues to refuse to issue immigrant visas to nurses as has been the case since before the pandemic.   The Post issues 221g letters or outright denials.  

We had been given some assurance in the spring that the problem was solved but it has not.

We are trying to get Congressional action and agency action with the aim of solving the problem.  Unfortunately, it may take some time because we have to reengage our prior contacts. 

If you have been issued a 221g or a denial and would like to be involved please contact your I-140 petitioner.  The I-140 petitioner (US employer) can then contact Chris Musillo who is helping coordinate the effort.  We must have the US employer involved. 

55 comments:

  1. Hopefully it will be resolved as soonest as possible

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  2. What’s the reason they are doing this?

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    1. It appears to be a misinterpretation of US law on contracts.

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  3. It’s curious how it only seems to affect the Philippine embassy. Other embassies do not have this issue.

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  5. why this is happening,they are unstoppable.they dont mind to put evryone on 221g? what wrong atty?are they not liable about this?

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    1. We are working on it. If your employer is interested in helping, please have them contact me.

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  6. I hope that the AILA will be able to address this concerns directly to the USE Manila and take appropriate actions. This is very frustrating to hear because we've waited for so long just to be interviewed and issued a Visa.

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    1. It will take more than just AILA, although AILA has been engaged too.

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  7. Sir, is it advisable to transfer case to overseas if you are on that country right now? Thinking of transferring my case. Thank you

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    1. You should discuss with your recruiter and employer.

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  8. Just in case an applicant will be placed under 221g, how are they supposed to ask for the officer's name? This is to utilize the lawyer's services in contacting the officer directly regarding the case. Would that be possible?

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    1. Not really. The problem is bad training, not bad officers.

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  9. Hi Atty, My employer has adjusted my contract in response to this and they have provided a letter explaining the changes
    Do you think this would help me during my interview or there's still a big possibility of getting a 221g?

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    1. It might. It would depend on the explanation.

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  10. This 221g is so frustrating. Those who were placed on 221g last year october are still waiting for the response of USEM. I fear that I would fall in the the same fate. Much worst is when the papers are sent back to USCIS. What remedy should be done if this happens?

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    1. The good news is that if the USCIS receives the case, they will issue a decision which can be replied to.

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  12. Hi Atty. Musillo, I know you have been tirelessly working on this issue. And there's so much going on behind closed doors. However, can you give us some idea what steps are you taking to address the situation here in Manila. Thanks so much

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    1. 1, Communicating with the Embassy on behalf of employers and beneficiaries
      2, Engaging with US Senate and House offices
      3, Working with US Trade Associations to have them advocate to their contacts in Washington DC
      4, Working on legal strategies, including potentially a lawsuit

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    2. goooo atty!!!❤❤❤may god guide you!

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  13. Hi atty,

    I was issued 221g last july 20,2020. The officer told me he need to review then contract. It will take 2-3 weeks according to him. Is it still possible for me to be issued of visa? Or will my papers be send back to USCIS?

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    1. They will probably be sent back to the USCIS unfortunately.

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    2. If my papers will be sent back to USCIS? How long will it take to process it,

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    3. Hello luke so sorry to hear about your situation. Mind if i ask were u with a direct hire company? or agency?
      also, how were you able to request a expedited interview? did your agency or hospital request it?

      there are situation with 221g that the applicant filed a writ of mandamus to get uscis to adjudicate your case faster. May require some money for the lawsuit but many were successful.

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    4. Same question with Mar18. How were you able to request for an interview? I called USEM and they said there are no available dates. Hope to get your reply.

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    5. Thank you for your respone luke! Was there anyone you know approved a visa recently?

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    6. Hello! I was placed under Admin Processing too. I had my expedited interview last July 14 at USEM MNL. The consul told me to wait for their email how to send back my passport to them. I hope our case will not be send back to USCIS.

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    7. This has been a very frustrating pattern since oct 2019. It seems more problems encountered with agencies rather than direct hire. Are you petitioned by agency? Also was there anyone u know? recently approved at least?

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    8. This happens whether you are in an agency or a direct hire. But, I hope it will not be sent back to USCIS. Last Jan-Feb all EB3 nurses received sent back to USCIS right after the interview. However, this July the USEM just issues AP.

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    9. That gives some hope! Hopefully it gets issued soon. Was there anyone you know at least approved?

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    10. I heard that there are some who got approval but interviewed last Dec 2019-Feb 2020.

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  14. There will be no chance for the consul to reconsider it? Thank you

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    1. by the way were you interviewed in the Manila Embassy? thank you

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    2. Yes i was interviewed in Manila. I have an agency. I got an expedited interview last july 20, 2020.

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    3. How were you able to request for an interview? Thanks!

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    4. I just emailed the US embassy. After few days, they called me and scheduled me for expedited interview. That time my medical was near expiry.

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    5. Thank you for your reply! I hope things will go well with application 😊 I’ll also try to reach out to the embassy. Although my visa application is not about to age out and I haven’t done my medicals yet. God bless you!

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    6. Hi luke. Did the US embassy in Manila
      Issue your visa? Thank you

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  15. Thank you so much Atty .Musillo, you have been giving us hope during this really difficult times. May God bless you and the rest of your team. wishing you nothing but more success.

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  16. Hello atty! Thank you for all yout efforts and support! You give us hope!

    Is it pssible to file a writ of mandamus lawsuit? For this 221g be adjudicated in months rather than years? Also how much would it cost if the applicant will pay for all expenses? Lastly, how soon can a person file the lawsuit?
    Thank you!

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    1. A Mandamus lawsuit will not help. At best, the Mandamus will just expedite the denial, which does not do anyone any good.

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  17. what is the update on this now?

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  18. Seems politics here in the PH could be a factor.

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  19. Hi Atty! Do you think this can be resolved soon or it will take more than the remainder of this year for this to get corrected?

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    1. I think that it could be resolved shortly, but that is not a prediction or a promise that it will.

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