My appeal was allowed through the IAD (Immigration Adjudication Division) on 2 August 2008 and the Canadian High Commission opened my file after 3 months of the decision. They said that they did not get letter from IAD that my appeal is allowed. I then submitted the same letter to them and they advised that they would start the processing of my file. Now all the formalities are completed and it has been more than 3 months since I submitted my passport to the Embassy. They still have not responded and when I tried to contact them, I was advised that my file was in the queue. How long is this going to take? My appeal was successful but I am still waiting?
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It looks like you may have “won the battle but not the war” . Congratulations of winning your sponsorship appeal at the IAD. But as you now realize, there is more work to be done. Once an appeal is allowed, the Visa Post has to receive notification of this from the Court and then start processing the paperwork overseas to finalize the application. This can sometimes take months and months. If you find it is taking too long, it would be advisable to retain the services of an immigration lawyer to act on your behalf to ensure that the Visa Post is in fact doing its job after being notified of the IAD decision on your case. There could also be delays due to expiry of medical or criminal background checks.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
