I've been wizzing around on the United Nations website.

The member states can be found on this link:

http://www.un.org/members/list.shtml

This website also took me to the Universal Declaration of Human Rights

http://www.un.org/Overview/rights.html


"Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State."



Not sure at this stage if these guys can help, but I thought it was worth a try .... maybe you'd like to mail/call/email them at:

Office of the High Commissioner for Human Rights
Palais Wilson
52 rue des Pâquis
CH-1201 Geneva, Switzerland

Telephone: +41 22 917 90 00
Email: InfoDesk@ohchr.org

This the office which apparently covers the U.S.

Migrant workers (the H1-B's) are protected under Human Rights Law and are therefore able to speed through the system due to the allowance of expedite under family reunification ..... with them, it's just a given.

I know that family is not something that the Human Rights people have done a lot of work on, but if enough of you contact them, there may be something they can do to ensure that I-130 petitioners are treated at least equally with the other visa types.

They're also pretty hot on discrimination .... and if you look at the timeframe between a family under I-130 or I-129F (CR1/IR1 or K3) being together compared to I-129F (K1) or the H1-B's there is a massive discrepancy ..... and if there's children involved in your case, then they should be willing to listen .... I hope.

Thanks Sara.. for all the information and research you've provided for all.
For those of us already approved at USCIS this applies to us as too, many have waited long while watching other types of petitions as mentioned by Sara.. fly by. Not fair!

You're welcome Kitty

I know you understand why I'm still trying to help .... approved or not, there's is a problem with the I-130's and it hurts to see so many people caught up in it.
These Human Rights people have a lot of power ... I definately think they are worth a try, especially if they get tons of complaints.

I would certainly suggest everyone write a letter explaining their family situation and sending it to them asking for help

Thank you I'm already going to start a research on this advise. thank you so much. this time has been very emotional and difficult. Our case may be one of those difficult cases. I'm trying to go another route here.

Thanks shane

Thank you Sarah for this post and the other one about expedites.

You're welcome .... I want you guys out of this USCIS nightmare ASAP!!!

I really think if the Human Rights people are contacted, they will help as the H1-B's are now protected under them .... H1-B families normally wizz through in a month or so .... but the Human Rights people need to be made aware of the mess with the I-130's.

Till then, there's nothing that can really be done without expedite ....

Those with children should contact these people immediately and see if they can push things along.

Did anyone look in to this? Any news?

I was wondering the same thing... I am too chicken to be the first to try...

I can't do it, I'm attached to government being married to military .....

But I'm sure a nice fax/phonecall/email etc or all together from a shedload of you, may get some response.

Do outline the situation you're in .... and if you've got kids, all the better .... I think that would help get the ball rolling.
It may take a couple of tries, as the US is not reknowned for being an abusive place to live, and they may not believe it to begin with.

Thank you Sarah, for your help, research etc to expedite. We're also going to look for this option and do some research about this. Hopefully our case will be approve soooon and won't reach 1-year waiting period
Again, thanks a lot we really appreciate it.

nice idea

but the USA, while a token member doesn't adhere to any standards of the UN. Especially matters of Human rights!

Declaration of Human Rights?

Are you serious?

Obviously yes, hence the thread
Sarah had the right reflex. It definitely can be argued that keeping families apart for, in some cases, more than a year while they are waiting for a visa, is a violation of their human rights.
Unfortunately, there is no body like the ECHR to make sure the Universal Declaration of Human Rights is abided by, so it has in practice less of a kick to it than for example the European Convention on Human Rights (for Europe).

Aren't bodies like the ECHR created to protect people from things like oppressive governments, tanks rolling in the streets, genocide and the like?

I realize you miss your husbands and wives, but some perspective is in order, IMO.

Thanks for posting this Sarah. Luckily, I didn't have to deal with the VSC, but at this point, anything that could possibly help anyone out it appreciated at this time. In addition that that, if no one ever attempts anything, no one will know. Thanks for putting your head out there to help the people here. You're wonderful and I am happy that your petition finally got approved!

ur human rights allow u to marry who ever u want but doesnt mean they have to let them live in this county.

You're right, Donna.

It is reasonable to look for anything that can possibly allow you to support having your case moved through immigration in a speedy and logical manner. But some of this is simply grasping at straws.

Actually, no, that's not at all what the European Court on Human Rights mainly does.
If you read the European Convention on Human Rights, you'll see it goes much further than that. The case law (all available online), will clearly show you that the ECHR is not so much focused on "tanks rolling in the streets" and "genocide", but more on right to a fair trial (Article 6) etc.
Also, check the caselaw about Article 8 of the Convention. This is the Article relating to right of privacy and right of family life.
I do not know case law or jurisprudence in the US, so as a US Citizen you should know better whether or not there exists information there on similar legal provisions.
But I do know that this Article 8 is sometimes referred to in court cases about immigration here (for example deportation cases when the person in question has a Belgian child). Decisions of our local CIS are sometimes overturned by national courts, based on this Article, and using the general beacons set out by ECHR in its caselaw about this Article.

I understand your call for some perspective. But the reference to human rights provisions related to immigration cases isn't a long stretch in itself, i'd say.

Fair enough. But by your own example of a deportation case, you've hit the nail squarely on the head.

Delays are a pain in the butt with our system. But the type of delays you and your peers are experiencing at present don't equal a violation of your 'human rights'. By your own example you cite the deportation of a child as an example of where the ECHR might step in.

Read around this board and elsewhere on the web for true examples of where the US immigration system has run afoul of family unity. You might find some peace of mind insofar as your own case goes if you put yourself in the shoes of those individuals.

And BTW, if you REALLY want to make a stand for improving the system for the welfare of all and beyond your own case, join a political action committee. There are many out there including my favorite, American Families United.

I was obviously not referring to a deportation of a Belgian child out of Belgium. Since the child has the Belgian nationality, there would be no way it would be in danger of deportation from that country. The referrence was made to (threat of) deportation of the parent of this child, being illegal in the country.
I don't really follow your reasoning for deciding this proves your point? This was merely an example for of how immigration issues and human rights provisions are definitely not mutually exclusive.

Also, I rather resent your tone.
First of all why do you refer to "you and your peers"? I was not commenting on my own case. My comment was a general comment, because i felt your "are you serious" reply about this entire thread was uncalled for.
Finally, it is not your place to decide what someone else should do or not, and what organisation they should join. It is for each person to decide that for themselves.
No reason to get mean or condescending just because people disagree with your posts or because you disagree with theirs.

I understood completely what you meant about the deportation of a child. IMO it 'proves my point' (if you care to take that perspective on it) from the standpoint that the permanent separation of parent and child is far more serious than having to wait a few months for a visa to be issued.

I refer to you and your peers because I'm addressing those of you who are not unrightfully dismayed about your processing times - although I do idly note those times are much improved over those a few months ago.

I really don't care if you dislike my comments. I've read a few comments here in this thread and others which I don't like either. Some are by far some of the most mean-spirited and gratutitous I've read in a while. If you find my tone condescending - it wasn't. I was and still am merely amazed that some of you would consider waiting for a visa to be a violation of your human rights. I'd suggest you take a look around the world at some real oppression before you delude yourselves further with that fantasy.

Wow, there was certainly a little discention on this subject yesterday .... but I think the point of the thread was lost amongst tanks and war conversation ..... the reason I posted this thread was

"(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State."

I'm sorry guys, but yes, that does cover the fact that families are split apart by an unjust immigration system .... the voice of the I-130 applicants has actually been very quiet (oddly enough), to the right people.
Sure, I see lots of discussion about it on this website and the odd fax going to Senators and the White House .... but really, not much else.

Migrant workers are protected from unjust immigration systems .... i.e. H1-B's, who are able to bring their families to join them very fast.
The situation that is happening at VSC currently could very well be viewed as a violation to this section of Universal Human Rights. Family petitions are being ignored.

Those with children could at least fall under this and have the system sped up for them ..... it must be horrible having a child cry for its Daddy or Mommy every night for a year or so, just because Vermont are constatly working on Fiance visas ..... a lot of which are applied for by guys who have literally 'purchased' their brides off the internet.... before I'm jumped on, not all of them are, but there is more than a fair few.

So, yes, there is perspective .... a lot of it!
My view of the bigger picture, is obviously a little broader than the miserable people on here who think that it's acceptable for children to feel so much pain.
Whether a tank drives down the street of the child ..... or the child cries itself to sleep every night because Vermont has decided to ignore family petitions ..... to me is very much of a muchness.

Sarah Jane.....

Your hue and cry though hasn't a thing to do with children. It has to do with the fact that YOUR petition is taking what you think is too long.

It's true the family immigration process in the US is too long and drawn out. But the fact of the matter is that you and the posters to this thread have suffered no injustice compared to a true human rights violation. Look to Myanmar and other countries where their governments are so unkempt they can't even help their citizens if you need proof of that.

Lets up the ante in riddiclous arguments:

YAY YAY I"M HAPPY CUZ things beTTER than MyANmar!!!

what a great attitude! I'll just whistle zippeddeedooda for the next 23 years! HORRAY! Things better than in Congo and better than steppng on a land mine!

YES its a form of human rights violation, but NO the UN isn't going to do anything about it.


The UN, isn't so keen on stopping Genocides or Tanks either. Just Posering like they give a rats arse about the world.