Help from senior plz! Do you think Nairobi office will transfer file to Buffalo?

[titina]

Hi!

I've received confirmation that the sponsorship application has been approved on July 21st however the PR application has been sent to Nairobi for processing.
Here's the situation: My husband is from Central Africa and has moved to buffalo since july 15th 09 (a little over 1 year), he's not in the US illegally. On the AOR it states:Effective May 1, 2003 Applications for PR must be processed by the visa office responsible for the applicant's country of nationality, OR the country where the applicant has been lawfully admitted for at least one year, OR in the case of applicant who is stateless, the country of habitual residence .... However please be aware that the visa office has the ultimate authority for the processing of this case and does have the right to transfer the file to another visa office if required.

My question is: can I contact Nairobi and initiate the request to transfer? If I can do so is there a special form that i need to fill out? how can i initiate this type of transfer request?

 

[iarblue]

No you can just send them a letter to ask them,but if it is already being processed they will most likely not transfer it.So if Nairobi has opened a case file for him and started to do the things they do then they wont transfer it.But its still fresh so you can try but do it now,not later,they may even just transfer it themselves and send you a letter stating that.But dont count on it i would fax them also if they recieve fax as it is quicker and in their face right.But send them an email too.

 

[rjessome]

You can ask but it's very unlikely that they will transfer.

Did you request Buffalo as the processing office in the application and they decided to send it to Nairobi? Was your husband initially admitted to the USA for at least one year? For example, received a student visa for 2 years? If he was only admitted for a time less than 12 months and then received an extension, he is not eligible for processing in Buffalo.

 

[bonbon9]

Hello!

Just a question. Did you actually ask for it to be processed in Buffalo in your application? (IMM1344 SECTION C - PERSON BEING SPONSORED, question 6.)? To have it sent to Buffalo:
a) his address should have been in the US,
b) YES
c) YES

Is that what you answered?

 

[bonbon9]

You can ask but it's very unlikely that they will transfer.

Did you request Buffalo as the processing office in the application and they decided to send it to Nairobi? Was your husband initially admitted to the USA for at least one year? For example, received a student visa for 2 years? If he was only admitted for a time less than 12 months and then received an extension, he is not eligible for processing in Buffalo.

Hi rjessome!
I'm wondering now.. If I was admitted in Canada for 6 months with a Multiple entry TRV, and extended my stay for 1 year and then applied, would I be eligible to apply through Buffalo?

Thank you guys for your answers!

 

[rjessome]

Hi rjessome!
I'm wondering now.. If I was admitted in Canada for 6 months with a Multiple entry TRV, and extended my stay for 1 year and then applied, would I be eligible to apply through Buffalo?

Thank you guys for your answers!

Hi. No, initial admittance must be for 1 year.

 

[bonbon9]

Hi. No, initial admittance must be for 1 year.

That's really bad news for me!
Thanks for your reply!

 

[titina]

You can ask but it's very unlikely that they will transfer.

Did you request Buffalo as the processing office in the application and they decided to send it to Nairobi? Was your husband initially admitted to the USA for at least one year? For example, received a student visa for 2 years? If he was only admitted for a time less than 12 months and then received an extension, he is not eligible for processing in Buffalo.

Thanks for replying guys, it's really appreciated!

I've filled out the application for the United States and specifically picked Buffalo as my processing office, my husband has applied for asylum in the states, he's not illegal but his case has not yet been heard by an immigration judge ... my big concern is if Nairobi request an interview and my husband is still in the state; will he have to travel all the way to Nairobi or can they do a telephone or video interview?

 

[PMM]

Hi

Thanks for replying guys, it's really appreciated!

I've filled out the application for the United States and specifically picked Buffalo as my processing office, my husband has applied for asylum in the states, he's not illegal but his case has not yet been heard by an immigration judge ... my big concern is if Nairobi request an interview and my husband is still in the state; will he have to travel all the way to Nairobi or can they do a telephone or video interview?

1. The application will not be processed in Buffalo as he doesn't have legal status. Here is what OP 2 manual states in his situtation

"where an individual enters a country illegally, and then makes a refugee claim,
the claim must be finally determined. If positive, the person could be considered
"lawfully admitted" on the date the positive decision is made on the claim. Making
a refugee claim in itself does not regularize a person's immigration status and
does not imply that the person has been "lawfully admitted." In Canada and the
United States, during the processing of a refugee/asylum claim, the individual
does not have lawful status. Therefore, a person would not be considered to be
lawfully admitted until a positive decision has been received on the claim.
However, other countries vary in their interpretation of what type of status an
individual may have while awaiting a decision on a refugee claim. Therefore,
officers should require applicants to provide documentary evidence of their lawful
status. In all instances, a positive decision on a claim would certainly provide the
individual with lawful status.
It is the opinion of Legal Services that the making of a refugee claim alone does
not regularize a person's immigration status for the purpose of making an
application for a visa (either permanent or temporary) to Canada.
The granting of the asylum decision is the determinative date

2. If an interview is required it will be in person in Nairobi.

 

[titina]

Thank you so much PMM :-*!!! I thought they made a mistake but now it all makes sense.