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Janelle2002

Supreme Court Considers Visa Case For Foreign Spouses

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Filed: Other Timeline

So did we decide this letter is the end result?

I posted my suggestions earlier here:

http://www.visajourney.com/forums/topic/538025-supreme-court-considers-visa-case-for-foreign-spouses/?p=7494578

It's very difficult to be positive, though I know one just can't give up. It's like an endless bad dream from which you cannot wake up.

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I posted my suggestions earlier here:

http://www.visajourney.com/forums/topic/538025-supreme-court-considers-visa-case-for-foreign-spouses/?p=7494578

It's very difficult to be positive, though I know one just can't give up. It's like an endless bad dream from which you cannot wake up.

Okay. I incorporated your suggestions into the post above yours. I think you didn't see it. Here it is. If so, we need to start emailing asap.

The Doctrine of Consular Non-Reviewability deprives U.S. citizens of one of their main Constitutional rights, the right to petition their government for redress of grievances. Lengthy, unnecessary delays and the denial of a visa for the spouse of a U.S. citizen directly affect the U.S. citizen. In everyday life this is called cause and effect. Every day, thousands of U.S. citizens are forcibly separated from their spouses and even children during this process of legally petitioning for their family members to join them in the U.S.

The Doctrine of Consular Non-Reviewability takes away the option of redressing the grievance of a U.S. citizen, especially for an individual who is unable to move abroad due to certain hardships.

All Visa petitions pass through the hands of humans, which creates countless opportunity for human error. Chances of Visa problems increase when Visa workers are burnt out, biased, discriminatory and so on. Human factors like these exponentially increase chances for losing, misplacing, or misinterpreting critical Visa paperwork. Consulates abroad are denying applicants mainly under two categories, non-bona fide relationship and misrepresentation. They understand these two categories are hard to overcome and there is no recourse.

Current laws protect the USCIS, DOS and our Consulates abroad, but these same laws fail to provide necessary protections to the U.S. citizens who are currently struggling or stuck in the legal immigration system. Every day, these struggling and stuck U.S. citizens are unable to receive even the most basic relief or hope from this immigration system. For these reasons, all Americans deserve the right to petition our government to promptly and fairly address these major and tortuous Visa issues

Please repeal the Doctrine of Consular Non-Reviewability.

I agree with Expat, my tolerance of the illegals is reduced in the face of the stresses of legal immigration. The wound is then salted with the media's absolute priority of pro-illegal, even to the point of trying to chastise people for saying "illegal" which is utter brainwashing. Next a "bank robber" will be an "involuntarily fiduciary transfer agent".

There remains a difference between 500 page filing packets, interviews, filings, fees and sneaking across the border and swiping someone else's social, identity, even health insurance and then not asking but demanding your rights.

Does this mean you are going to help us?

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Filed: Citizen (apr) Country: Ecuador
Timeline

We should also email the Justice Department too.

They can't do anything. Consulates are under Dept. of State.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Country: Vietnam
Timeline

Good luck.

Okay. I incorporated your suggestions into the post above yours. I think you didn't see it. Here it is. If so, we need to start emailing asap.

The Doctrine of Consular Non-Reviewability deprives U.S. citizens of one of their main Constitutional rights, the right to petition their government for redress of grievances. Lengthy, unnecessary delays and the denial of a visa for the spouse of a U.S. citizen directly affect the U.S. citizen. In everyday life this is called cause and effect. Every day, thousands of U.S. citizens are forcibly separated from their spouses and even children during this process of legally petitioning for their family members to join them in the U.S.

The Doctrine of Consular Non-Reviewability takes away the option of redressing the grievance of a U.S. citizen, especially for an individual who is unable to move abroad due to certain hardships.

All Visa petitions pass through the hands of humans, which creates countless opportunity for human error. Chances of Visa problems increase when Visa workers are burnt out, biased, discriminatory and so on. Human factors like these exponentially increase chances for losing, misplacing, or misinterpreting critical Visa paperwork. Consulates abroad are denying applicants mainly under two categories, non-bona fide relationship and misrepresentation. They understand these two categories are hard to overcome and there is no recourse.

Current laws protect the USCIS, DOS and our Consulates abroad, but these same laws fail to provide necessary protections to the U.S. citizens who are currently struggling or stuck in the legal immigration system. Every day, these struggling and stuck U.S. citizens are unable to receive even the most basic relief or hope from this immigration system. For these reasons, all Americans deserve the right to petition our government to promptly and fairly address these major and tortuous Visa issues

Please repeal the Doctrine of Consular Non-Reviewability.


Does this mean you are going to help us?

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Filed: Citizen (apr) Country: Ecuador
Timeline

It's like an endless bad dream from which you cannot wake up.

A Dream, in One Act (not original, unfortunately)

After yet another 2-minute non-interview to which evidence of bona fide relationship was brought but was not considered or even acknowledged, the consular officer in Guayaquil had yet another visa applicant by the belt and the scruff of the neck, and was preparing to heave the hapless soul out of the consulate. However, they tripped over a bottle, out of which came a genie. "Since you are obviously arch-enemies," said the genie, "I will give ONE of you ONE wish, and the other of you will automatically receive double of what the first wishes for." The visa applicant immediately said, "I wish to be half-dead!"

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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They can't do anything. Consulates are under Dept. of State.

But they are part of the current argument in this case.

Who do you believe we should email to show support for this case?

Give me a list please?

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Filed: Citizen (apr) Country: Ecuador
Timeline

If DoJ is on the side of the Doctrine, e-mailing them will do no good.

I have no idea of whom to e-mail except for the Supreme Court, which is probably the best anyway.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Timeline

A Dream, in One Act (not original, unfortunately)

After yet another 2-minute non-interview to which evidence of bona fide relationship was brought but was not considered or even acknowledged, the consular officer in Guayaquil had yet another visa applicant by the belt and the scruff of the neck, and was preparing to heave the hapless soul out of the consulate. However, they tripped over a bottle, out of which came a genie. "Since you are obviously arch-enemies," said the genie, "I will give ONE of you ONE wish, and the other of you will automatically receive double of what the first wishes for."

The visa applicant immediately said, "I wish to be half-dead!"

I'll pay to watch it.

:dead:

If DoJ is on the side of the Doctrine, e-mailing them will do no good.

I have no idea of whom to e-mail except for the Supreme Court, which is probably the best anyway.

You're right T-bone. I suspected it would do nothing, and my lawyer has confirmed. We are but mere pawns who can do little but watch this from afar.

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I'll pay to watch it.

:dead:

You're right T-bone. I suspected it would do nothing, and my lawyer has confirmed. We are but mere pawns who can do little but watch this from afar.

But there is a case already in the court. We need to show support for this case. This is the furthest anyone has made it in a while.

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Country: Vietnam
Timeline

The DOJ will be arguing before the SCOTUS the opposite of what we want.

I'll pay to watch it.

:dead:


You're right T-bone. I suspected it would do nothing, and my lawyer has confirmed. We are but mere pawns who can do little but watch this from afar.

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The DOJ will be arguing before the SCOTUS the opposite of what we want.

So other than the Supreme Court, there are no other suggestible people we should email to show support for this case?

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