New immigration law!!!!!

[Martiniolive 0]

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

this new law is supposed to be in effect imediately as of like july this year.

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

[*JG* 2]

Interesting. Wonder if it is true.

[cantwait2long 0]

If that is true then what will the immigration attorneys do.

There is human right group. The human right group would not let this happen.

[john_and_marlene 162]

If that is true then what will the immigration attorneys do.

There is human right group. The human right group would not let this happen.

Immigration is not a right.

[Salaciouslady 0]

Well, when it is a visa for family member especially spouse from what I understand it can not be denied it is an automatic visa, besides RFE if ever needed which it can only prolong the process but not deny it for good. No way, I do not believe this. It is like telling you can’t get married. There are laws we have rights as USC.

Unless, a crimal record is held, but i also know of a situation which they/someone held a criminal record a bad one, it just took forever to get him here.

I need to google this.....

[Mononoke28 134]

I don't think it can flat out be denied and end of story, but it's not an automatic visa either. Remember that there is a lot of visa fraud out there and COs cannot automatically give out CR1 or IR1 visas to anybody who says they married the love of their lives and want to bring them to the US.

Diana

[john_and_marlene 162]

Well, when it is a visa for family member especially spouse from what I understand it can not be denied it is an automatic visa, besides RFE if ever needed which it can only prolong the process but not deny it for good. No way, I do not believe this. It is like telling you can’t get married. There are laws we have rights as USC.

Unless, a crimal record is held, but i also know of a situation which they/someone held a criminal record a bad one, it just took forever to get him here.

I need to google this.....

It's not like saying you can't get married. Nothing about a denial of immigration includes a denial of marriage. There have been denials -- immigration was denied to spouses of USCs -- no rights were violated.

[Salaciouslady 0]

"IS A DENIAL UNDER SECTION 214(B) PERMANENT

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably."

"WHAT IS SECTION 214(B)?

Section 214(B) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..."

Some get 25 years in prison to life, and have the option for an appeal, you can't say immigration does not.

[Nita&Assaad 0]

Martini was your husband Denied or put on AP?? was he given a 221g or 214?

Nita

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

this new law is supposed to be in effect imediately as of like july this year.

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

[Nita&Assaad 0]

I found this:

Who Can Influence The Consular Officer To Reverse A Decision?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers to resolve. An applicant can influence the change of a prior visa denial only through the presentation of new convincing evidence of strong ties.

nita

[NicoleX08 1]

If that is true then what will the immigration attorneys do.

There is human right group. The human right group would not let this happen.

Immigration is not a right.

Immigration may not be a right, but we do have the right to marry who we wish and that includes people who are not from this country...

[sus 70]

Any new law proposal would be published in the Federal Register notices - I see nothing here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

There are always proposals = a few years ago there was a senate bill that wanted to cap family based immigration, but increase employment based - It failed. It's a good idea to keep your ears open about the law, but also good to research what is proposed and what is fact.

[cantwait2long 0]

Any new law proposal would be published in the Federal Register notices - I see nothing here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

There are always proposals = a few years ago there was a senate bill that wanted to cap family based immigration, but increase employment based - It failed. It's a good idea to keep your ears open about the law, but also good to research what is proposed and what is fact.

Well done sus.

The fact is legel immigration to US is declining. In 2002 over a million people immigrated to US. In 2004 the figure was 400,000.

That may be because of the fact that in recent past the economic growth in developing nations was good.

One reason an immigrant becomes a citizen of US is because he wants his family to be united with him in US.

It will be hard for such a bill to pass in congress and senate.

But this month is just a dry month for all of us. No approvals and touches. I am depressed and sad.

Lets see what tomorrow brings.

[Martiniolive 0]

221 slip. But she said she was sending the petition back. And the congressmans office read the slip and said the same.

Martini was your husband Denied or put on AP?? was he given a 221g or 214?

Nita

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

this new law is supposed to be in effect imediately as of like july this year.

I was told today by the congressional office that a new law just passed whereby if a visa even a CR1 is denied (221) at a consulate it is concidered rejected period! No longer can be contested or rebutted at another date....it is just denied! end of story and closed. Please say it isn't so! Does anyone have an attorney they can ask??????? to be sure?

[Martiniolive 0]

can it be too new a bill to be on the list? Congressmans office said it is very recent and she did not even have all of the facts accept that it gives the consulate power to make a FINAL decision that is not contestable.

is it possible she does not know what she is speaking about? Because i thought they were supposed to be in the know!

Any new law proposal would be published in the Federal Register notices - I see nothing here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

There are always proposals = a few years ago there was a senate bill that wanted to cap family based immigration, but increase employment based - It failed. It's a good idea to keep your ears open about the law, but also good to research what is proposed and what is fact.