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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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My US immigrant visa is pending at US embassy London for more

Resolved Question:

My US immigrant visa is pending at US embassy London for more than eight months . My UK visa is about to expire . My question is will the Home office allow me further leave to remain in UK on the basis of my outstanding visa application at US embassy due to which I can't travel to my home country ... Can you help me in this regard
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Howard replied 9 months ago.
No they will not. You either need to extend your UK visa or return to your home country and inform the Embassy that you are doing so. They can usually move your application to the relevant Embassy in your home country.

If you have applied for a Spouse visa then you might be able to apply for the right to enter the US while waiting for the decision but that would not be a question for the UK Immigration Law section.
Customer: replied 9 months ago.
Thanks for your answer . I can't travel as they are holding my all original documents . And for UK visa extension, you need original documents.. Just advise me on this point only please
Expert:  Howard replied 9 months ago.
You mean the US Embassy have your passport? You could ask them to return your passport or to get the decision made quickly as your visa is due to expire. Alternatively you might be able to get them to return documents so that you can make an extension application.

Lastly, you might be able to apply for an extension if you can demonstrate that you meet the requirements even without your passport as a Biometric Residence Permit (BRP) would be issued instead of a visa being placed in your passport. It depends what visa you hold and whether or not you qualify for an extension. The US Embassy having your passport is NOT a legitimate basis for a visa extension.

I would get in touch with the US Embassy and ask them what can be done. I would not be surprised if they can get your passport back to you so that you can travel and then move the application to the US Embassy in your home country.
Customer: replied 9 months ago.
Thanks. Moving my immigrant visa application process to US embassy in my home country which already took eight months after I had an interview in feb2013 in London , just wondering would they start my immigrant visa process from the scratch or would it be follow up process... Sorry to be pain but just satisfying myself on this complicated point.
Expert:  Howard replied 9 months ago.
Not a problem.

I would not expect them to start the process again but you really need to get in touch with the US Embassy, point out that your permission to remain in the UK is about to expire and that you either need a decision or your passport returned and the application moved to the Embassy in your home country.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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