This is a guide on Administrative Processes and the form DS-5535 in U.S. immigration cases, which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about the form Administrative Processes and the form DS-5535 in U.S. immigration cases, aiming to provide clarity and guidance to individuals navigating the complexities of the process. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. The Administrative Process (AP) is a crucial security background check conducted by various United States government agencies, including the CIA, FBI, Department of Homeland Security, Department of Defense (DOD), and others. The DS-5535 form serves as a supplemental information request by the embassy.
Join us as we navigate the essential questions surrounding the Administrative Processes and the form DS-5535 in U.S. immigration cases, empowering individuals with knowledge and support on their journey to resettlement.
What is the Administrative Process (AP)?
The Administrative Process (AP) is a crucial security background check conducted by various United States government agencies, including the CIA, FBI, Department of Homeland Security, Department of Defense (DOD), and others. This process is an integral part of the visa application procedure for individuals applying for immigration benefits, including Special Immigrant Visas (SIVs).
The primary objective of the administrative process is to ensure the safety and security of the United States by thoroughly vetting visa applicants to prevent the entry of individuals who may pose a risk to national security. This involves scrutinizing the applicant's background, including their personal, employment, and travel history, as well as any associations or affiliations that may raise security concerns.
During the administrative process, information provided by the visa applicant is cross-checked against various databases and intelligence sources to assess any potential risks or threats. Additionally, the applicant's biometric data, such as fingerprints and facial recognition, may also be analyzed as part of the vetting process.
The duration of the administrative process can vary significantly depending on factors such as the complexity of the applicant's case, the need for additional information or documentation, and the workload of the agencies involved in conducting the background check. While some cases may be resolved relatively quickly, others may take several weeks, months, or even longer to complete.
Why does the Administrative Process (AP) take so much time?
The Administrative Process (AP) is an essential part of the visa application procedure aimed at ensuring the security and integrity of the immigration system. This process involves thorough background checks conducted by various U.S. government agencies, including but not limited to the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), and Department of Defense (DOD).
The extensive duration of the Administrative Process can be attributed to several factors. Firstly, the volume of visa applications and the workload at the U.S. embassies or consulates play a significant role in determining processing times. High application volumes may lead to backlog and delay in conducting background checks.
Additionally, the complexity of individual cases and the need for further investigation or documentation can contribute to prolonged processing times. Each applicant's background is thoroughly scrutinized, including their travel history, employment records, and any potential security risks.
Furthermore, coordination among multiple government agencies involved in the background check process adds to the time required for completion. Each agency conducts its own independent review, and the compilation and analysis of information from different sources can be time-consuming.
My SIV case has been pending in the Administrative Process for over a year. What should I do?
If your SIV case has been pending in the Administrative Process for an extended period, consider taking the following steps:
- Be patient: The administrative process of your case with the relevant US agencies takes time, and you need to be patient while the investigations are being completed.
- Seek Legal Assistance: Visit the IRAP (International Refugee Assistance Project) website for legal information and guidance on navigating the administrative process.
- Contact Support Network: Reach out to American supervisors, military acquaintances, or Afghan green card holders in the USA for assistance. They can contact their senators in the US Congress to advocate for your case.
- Engage Organizations: Contact organizations like Afghan Evac and No One Left Behind for additional assistance and support. These organizations specialize in aiding individuals with SIV cases and can provide valuable guidance.
Ultimately, the US immigration system is complex, and despite paying attention to the above points, you may not get a comprehensive and satisfactory result for your case.
What is Administrative Processing after the interview at the US Embassy?
Administrative Processing is a procedure conducted by the U.S. Embassy or Consulate when further review of a visa application is needed before a final decision can be made. This process may be required for various reasons, such as the need for additional background checks or documentation. The consular officer will notify the applicant if administrative processing is necessary at the conclusion of the visa interview. Also, the administrative process in the CEAC system means that the case is under process to be finalized before the work visa is issued.
The duration of administrative processing varies depending on the complexity of the case and other factors. In some cases, it may take several weeks or even months to complete. However, applicants are advised to refrain from inquiring about the status of administrative processing until at least 180 days have passed from the date of the interview or submission of supplemental documents, whichever is later.
During administrative processing, the applicant's case remains under review, and updates will be provided as soon as additional information becomes available. Exceptions to this waiting period include emergency situations such as serious illnesses, injuries, or deaths in the applicant's immediate family, where expedited processing may be possible.
What is Form DS-5535?
Form DS-5535 is a security form utilized by the US Embassy in certain visa application processes. It serves as a supplementary questionnaire aimed at gathering additional personal information from visa applicants, both for nonimmigrant and immigrant visas.
Typically, the DS-5535 form is requested when the embassy determines a need for further scrutiny of the applicant's background or security-related concerns. This may occur after an initial visa application is denied under Section 221(g) of the Immigration and Nationality Act (INA), leading to the application being subjected to an administrative process for additional security review.
The purpose of the DS-5535 form is to collect comprehensive information that may help resolve any incomplete details or address security-related queries that arose during the initial visa application process. It is essential for applicants to provide accurate and detailed responses to the questions posed in this form to facilitate the review process.
It's important to note that while the DS-5535 form may prolong the visa application process, compliance with the requested information is crucial for applicants. Failure to provide accurate information or incomplete responses may further delay the visa application or result in denial.
When should Form DS-5535 be completed?
Form DS-5535 should only be completed by individuals who have been specifically requested by the US Embassy, NVC, or CARE to do so as part of their visa application and relocation process. Typically, this form is required for certain visa applicants, including P1, P2, and SIV applicants, as well as individuals involved in other immigration cases, when additional scrutiny of their background or security concerns arises.
Key details that must be accurately provided in the DS-5535 form include information on old passports, details of all foreign trips, information about siblings, residence history for the past 15 years, a list of all phone numbers, all social network usernames, and email addresses associated with the visa applicant.
It's crucial to differentiate between social networks and communication applications. Social networks such as Twitter, Facebook, Instagram, etc., should be listed with usernames, while communication applications like WhatsApp, Telegram, etc., are distinct and should not be included.
Applicants should be aware that the processing time for the DS-5535 form can vary significantly, ranging from several weeks to months. Delays in processing this form may impact the overall visa application timeline. Applicants can check the status of their application processing on the CEAC, US Department of State portal.
Why am I asked to submit the DS-5535 form after my interview at the US consulate?
If you've been instructed by the consular officer to fill out the DS-5535 form after your embassy interview and are unsure about its purpose, here's some clarification. The DS-5535 form serves as a supplemental information request by the embassy. Despite providing details in your DS-260 form, the embassy may require additional information for a thorough assessment.
Completing the DS-5535 form at home and submitting it to the embassy is essential to fulfill their information requirements. Failure to provide this supplementary information could result in the rejection of your case, necessitating a waiting period of 30 to 90 days for visa issuance.
The DS-5535 form typically solicits details such as foreign travel history, employment information, and information about family members like siblings and spouses. While it may seem like an inconvenience, providing accurate and comprehensive responses is crucial for facilitating the visa processing procedure. Upon receiving the DS-5535 form, ensure to carefully fill it out and return it to the embassy promptly.
Why did CARE ask me to fill and submit DS-5535 while I am in Afghanistan?
CARE's request for you to fill and submit Form DS-5535 is a vital step in preparing for your resettlement and relocation process before your interview. This form helps relevant US departments expedite the visa application process by addressing potential security concerns in advance.
Filling out the DS-5535 ensures that any necessary additional information is provided upfront, minimizing delays if the counselor requires further details during your interview. Typically, the processing of the DS-5535 form takes around three months, so submitting it in advance ensures that your application is ready for final review after your interview.
Receiving an email from CARE regarding the DS-5535 signifies that arrangements for your flight have begun, though the exact date remains unknown. Your file has been sent to CARE's partners for further action, including the request for the DS-5535 form and other preparations for your relocation.
Why did CARE ask me for a U.S. Tie while I'm in Afghanistan?
CARE's request for a U.S. Tie while you are in Afghanistan is a crucial step in preparing for your resettlement and relocation process before your interview. The U.S. Tie helps relevant US departments streamline your case processing, particularly after your interview with the US counselor, minimizing unnecessary delays.
Receiving an email from the CARE team regarding the U.S. Tie and Bio Data form signifies that your flight has been arranged, though the exact date remains unknown. The U.S. Tie comes in two types: one includes the Bio Data form, while the other only requests information about friends and relatives you plan to connect with in the US. It's important to keep their complete addresses handy, as you may be asked about them during your interview in locations like Qatar, Albania, or wherever your case has been transferred.
Additionally, loved ones who have received the U.S. Tie form and Bio-Data from IOM (International Organization for Migration) should understand that it carries the same significance as CARE emails.
I've received the DS-5535 online form from CARE multiple times. Should I fill and submit it again?
Yes, it's quite common to receive multiple requests to fill out the DS-5535 form from the Center for Afghan Resettlement and Employment (CARE). If you've received an email requesting you to submit the form again, it's essential to comply with the instructions provided. Even if you've previously filled out the DS-5535, CARE may request it again for various reasons, such as missing information or discrepancies between the information provided and your DS-260 application.
If the email says If you fill out the above form, ignore this email, then there is no need to fill out the form again. When you receive the email from CARE, pay close attention to any instructions provided, especially if there's a statement in bold letters instructing you to fill out the DS-5535 again, regardless of whether you've done so previously. Following instructions diligently is crucial for ensuring the smooth processing of your application.
CARE typically asks for the DS-5535 form to ensure that all necessary information is collected for the visa application process. If any discrepancies or missing details are identified, CARE may request additional documentation or clarification to facilitate the processing of your application.
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