IMBRA

[Lestat 0]

(i just posted this on another forum but fits here too)

Hi Everyone,

I had a scenario thought today. Isn't it strange that 1100 US citizens can't get info on their cases? And 1100 haven't received any notification from CIS, NVC or DHS? When did this law take effect? Why has so much time passed?

Then my mind went awful........

And when was the lawsuit in Georgia started? http://fianceevisalawyer.com/

Over 2 months ago? (And there's anti-IMBRA sites all over the www.)

Is it possible that this law truly is unconstitional? And they are trying to avoid any future law suits? And they have their lawyers working on it to find a way? And until that is found.........

I'm no where near being a lawyer but this is too much, too strange. From early January to now they haven't come up with anything. Say I got the criminal background form now, did the requirements, and our case is back in motion. But then the law is found unconstitutional and I sue. Could they be avoiding that?

And it's not just the 1100 recalled. It's all petitions since March 6. Is that a lot of possible lawsuits?

Please tell me I've seen too many movies.........

(Note: my fiance was told that MAYBE he would have an interview in September/October. And this is Paris - not a very busy consulate. And today I spoke to a very sympathetic woman at DoS. When she looked up our case number she said "Oh nooo" and explained the whole thing. Her best guess at time was at least 2 months after filing the new requirements, and it will be awhile before the new form is done. She also said our case is back with CIS but that's not what they tell me and my online doesn't reflect that as well.)

My understanding is that the Temporary Restraining Order (TRO) against IMBRA is still in effect, as the judge in Atlanta, Georgia has yet to rule on a possible permanent injunction. Also, there is another lawsuit in Dayton, Ohio where American Online Dating Association (a group of International Marriage Organizations) has requested for a TRO. The judge has yet to rule on this. Since both litigation challenges the International Marriage Broker provision, but not the petition/visa portion of IMBRA, USCIS is still recalling all the petitions to start doing criminal background checks on all petitioners. It is not known how long of a delay this will cause, although it would not surprise me it we see 6 to 12 month delays. I think every person who is affected by this should write letters and meet with their Congressmen to complain about this. I think this whole IMBRA is unconstitutional, as it violates the First and the Fifth Amendment Rights of US citizens. If enough people's fiancee visas are screwed because of this unconstitutional law, I would not be surprised if soon, there is a class-action lawsuit against the government.

[Larry and Maria 0]

I found on the web that Ohio also had a case after the one in Atlanta.

I also read that the one in Atlanta was a very poorly written case while the one in Ohio had better substance in the legal realm.

I never found out any resolution for either.

Sounds like the class action is the way to go.

The only problem is DHS and DOS keep on going and any legal action will probably take years to resolve.

[ppboo 0]

here 'tis

State Dept. visa inquiries 202-663-1225

press 1 for main menu

press 0 for a visa specialist (tahahaha!)

8:30-5:30 monday-friday

usvisa@state.gov

and there is also USCIS headquarters in DC given to me by NVC

202-514-4316

202-514-3296 fax

BUT when i call the number there is no answer, no voice mail, no recording. it just rings and rings. i'm seding a fax tomorrow.

Thank you so much...

[amwo 0]

My understanding is that the Temporary Restraining Order (TRO) against IMBRA.....

but what about what i am asking/saying? is it possible nothing is going to be done until the final decision on constitutionality? is it possible the gov is avoiding any possible suits?

[Beachcomber556 0]

The TRO was issued on March 7, 2006. And it appears nobody bothered to share this information with USCIS because they are moving ahead with IMBRA enforcement. Or am I missing something here?

[Yodrak 7]

Beachcomber,

I think you're missing something. Note the issue addressed in the case.

Yodrak

The TRO was issued on March 7, 2006. And it appears nobody bothered to share this information with USCIS because they are moving ahead with IMBRA enforcement. Or am I missing something here?

[soul_encounter 0]

Watching and waiting for updates with everyone else... But here are some articles to consider that raised a question for me. According to these, it is only US "Men" who are petitioning for their fiances that this law effects. In fact, on the petition against IMBRA that they are seeking sigs for, to be eligible to sign, you must be a US man..... hmmmmmmmm

http://www.usaimmigrationattorney.com/PressReleaseIMBRA.html

and link to other news regarding IMBRA & Immigration

http://www.usaimmigrationattorney.com/immi...picswindow.html

Do women petitioners get lucky and bipass these IMBRA regulations???

[soul_encounter 0]

Here is "IMBRA" itself

http://usaimmigrationattorney.com/images/IMBRA2005.pdf

Haven't had time to read it thoroughly but it speaks of developing a pamphlet in several common languages to be distributed along with the instruction packet to applicants/beneficiaries. The pamphlet deals with domestic violence and abuse.Also it was supposed to be developed no later than 120 days after the passing of this act....

Lots of information here, will read it more in depth later

[aussiewench 9]

Watching and waiting for updates with everyone else... But here are some articles to consider that raised a question for me. According to these, it is only US "Men" who are petitioning for their fiances that this law effects. In fact, on the petition against IMBRA that they are seeking sigs for, to be eligible to sign, you must be a US man..... hmmmmmmmm

http://www.usaimmigrationattorney.com/PressReleaseIMBRA.html

and link to other news regarding IMBRA & Immigration

http://www.usaimmigrationattorney.com/immi...picswindow.html

Do women petitioners get lucky and bipass these IMBRA regulations???

Not only men. If you read the act it is not gender specific.....USC women are included. I would cut and paste the relevent parts that say this only Im sick of reading it over and over

Yeah, thats the same link that is posted in quite a few places on this board.....but once more dont matter

Lorelle

Edited May 27, 2006 by aussiewench

[Beachcomber556 0]

AussieWench is correct, this is old news.

That restraining order is not helping those of use caught in USCIS and DHS meatgrinder.

Please take advantage of Gary Bala's (an immigration atty) fine blog for updates:

http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

Scroll to the bottom for the latest. The "Highlighted" posts are his.

Today I contacted Senator Feinstein and Senator Boxer from my state, and registered my views on the visa approval process being placed into reverse by the USCIS and DHS incompetance. Yesterday I requested a personal meeting with my Congressman to express my displeasure with how USCIS and DHS is managed.

If you have not contacted your Congresspeople and Senators, why haven't you? You have no excuse unless you just enjoy participating in a f*ed up process. The longer you are "quiet" and "hoping" and "praying" like good sheep, the worse it will get. Reap what you sow, action begets action.

Here is a very simple site that tells you exactly how to make contact: http://www.visi.com/juan/congress/ Do it. Do it NOW.

AussieWench is correct, this is old news.

That restraining order is not helping those of use caught in USCIS and DHS meatgrinder.

Please take advantage of Gary Bala's (an immigration atty) fine blog for updates:

http://usaimmigrationattorney.com/nucleus/index.php?itemid=2

Scroll to the bottom for the latest. The "Highlighted" posts are his.

Today I contacted Senator Feinstein and Senator Boxer from my state, and registered my views on the visa approval process being placed into reverse by the USCIS and DHS incompetance. Yesterday I requested a personal meeting with my Congressman to express my displeasure with how USCIS and DHS is managed.

If you have not contacted your Congresspeople and Senators, why haven't you? You have no excuse unless you just enjoy participating in a f*ed up process. The longer you are "quiet" and "hoping" and "praying" like good sheep, the worse it will get. Reap what you sow, action begets action.

Here is a very simple site that tells you exactly how to make contact: http://www.visi.com/juan/congress/ Do it. Do it NOW.

Contacting your congressman and senator is not only our right, it is our duty. I am in Baghdad serving this great nation. Both my senator and congressman will be receiving my letters by the end of this week, all the way from Iraq. Those of you blessed to be safe and sound at home, go pay your representatives a personal visit. A human face and real life being impacted will be hard for their staffers to ignore.

[soul_encounter 0]

The probability that the government will get away with making this a gender specific law is slim, agreed, but they Are putting emphasis on petitioners being male and this being a law to protect women. Being a woman petitioner, I really shouldn't care, but if anyone thinks that just because it isn't on paper somewhere stamped that this law only applies men, that it is going to effect men and women petitioners equally, i think that is a bit naive. I wish it were a fair and equally minded world we live in regarding sexism, racism etc... but it is not. Regardless of what laws state. Personally, I do think all forms required will be required from ALL petitioners, but do I think in the minds of the ones putting approval stamps on these petitions or even processing, that a male petitioners application will get a closer scrutiny than a womans.

"One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Violence Against Women and

Department of Justice Reauthorization Act of 2005’’.

Sec. 105. The Violence Against Women Act court training and improvements.

‘‘(3) In this subsection:

‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child

abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’

have the meaning given such terms in section 3 of the Violence

Against Women and Department of Justice Reauthorization

Act of 2005.

‘‘(5) In this subsection:

‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child

abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’

have the meaning given such terms in section 3 of the Violence

Against Women and Department of Justice Reauthorization

Act of 2005."

And maybe I misread the previous posts or just mentally assumed the date 1/4 as the signing of this act to be 06, but I just noticed this was actually 05... last year... a really long delay in seeing implementaion.

As for letters to the senators, I have written to both senators in congress for my state and all the representatives too... no need to leave anyone out, over a week ago, with no replys

[Captain Ewok 1,859]

http://www.visajourney.com/forums/index.php?showtopic=13584