New immigration law!!!!!

[Martiniolive 0]

this pretty much verifies what I am saying I think. Is this a new

rule as of julyish or has it been in effect along time?

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

[Nita&Assaad 0]

humm maybe you should look for a lawyer!!! I will see if anyone knows a good lawyer in the SF area

Nita

I dont think this is a law, I just found it in a site called findlaw.com

this is what I found interesting An applicant can influence the change of a prior visa denial only through the presentation of new convincing evidence of strong ties.

this pretty much verifies what I am saying I think. Is this a new

rule as of julyish or has it been in effect along time?

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

Edited October 14, 2008 by Nita&Assaad

[~kiyah~ 14]

Sorry, I am going to jump in on this one. I have not been around for some time. While I am not an immigration attorney, I have spent nearly 3 years of my husband’s 4 year immigration process researching this along with several other members of VJ and other immigration web sites. While some of the processes may have changed at the service center level, the guidelines and laws surrounding it have not.

There is no new immigration law that has passed where a 221g refusal is given that it is considered "denied" and no NOIR/NOID is provided to the petitioner. This would be in direct conflict with the current INA, 8 CFR, and specifically the 9 FAM guidelines regarding petition revocations. Even if a bill has been introduced, this does not mean it has passed congress and been signed by the president…only after all of that can it officially be “law.”

If were you I would be asking for specific proof of this from my rep, because there is nothing published on either the Department of State or USCIS web sites...and they do publish them. My best guess is this rep did not want to help and this is their way to try and head you off at the pass, shame on them for this.

Everything published to this date is still active on the Department of State website in regards to petition revocation, there have been no new actual laws passed regarding this part of the process:

Guidance on Petition Revocation:

http://travel.state.gov/visa/laws/telegram...grams_1415.html

Returning Petitions to DHS/BHS:

http://travel.state.gov/visa/laws/telegram...grams_1388.html

While immigration itself is a privilege, rebutting a denial or intent to deny is a right the petitioner has in most cases. We do have the right to a timely decision, period...and there are processes in place for this. The USCIS is the only government entity who has the authority to notify a petitioner whether they have the right to rebut with a Notice of Intent to Deny (NOID) or Notice of Intent to Revoke (NOIR) which they provide specific timeframes for the petitioner to do so. The Department of State does not have this right.

One thing to remember here is the consulate (Department of State) can only refuse to issue a visa on a visa application, they cannot and do not have the authority to outright deny a visa petition...this is why the process is in place for visa application refusals to be returned to the original USCIS service center so the petition can be reviewed along with the visa application and any possible evidence the consulate may have found during the interview process. Now...consulates are "not supposed to" return petitions to the USCIS based on mere suspicion or as a substitute for making a final decision at post, they are "supposed to" provide factual and concrete reasons for revocation...however, some high fraud posts do over abuse this process in lieu of issuing a visa where they may have doubt of something encountered something the USCIS may have overlooked, or in either the visa application, or during the interview itself.

My best advice for you in to try and stay focused on the facts, try not to listen to anyone who says “there are new laws around this” who cannot provide proof, they are only wasting your rime and precious energy…you do have rights. Research what you can by reading the entry pinned at the top of the MENA forum, there is a lot of good information there that has been personally researched by me and many other members who have also been through this issue. Talk to Chi, and those of us who have personally been through this and are now reunited with our spouses. Know this…you are not alone, you can get through this, and you DO have rights.

I know I am not around a lot, but ping me on VJ and I will give you an email address you can use to contact me directly. I see you have been chatting with Chi…this is good, I am sure she has provided you with the first initial steps you need to try and stop the petition from being returned…and if it is, what steps you need to take from there.

Hang in there.

~Kiyah~

[~kiyah~ 14]

...also, I do know of a good immigration attorney who is familiar with the denial/revocation process and can provide his information to you. Ping me when you get a chance as I cannot post it here.

~Kiyah~

[~kiyah~ 14]

Here are a few articles you will find of interest on this subject which are published on the Immigration Daily website:

Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

Clash Of The Titan Bureaucracies? The Battle Between DHS And US Consulates

Clash Of The Titan Bureaucracies - The Sequel

~Kiyah~

[Martiniolive 0]

yes that is what I have been told by so many on these forums so our families and freinds are pouring out thye most beloved letters in a plea for us but congressmans office UHG!!!!!! (woolsey) says that will make no difference....heartless @#$%^!!!! sorry

humm maybe you should look for a lawyer!!! I will see if anyone knows a good lawyer in the SF area

Nita

I dont think this is a law, I just found it in a site called findlaw.com

this is what I found interesting An applicant can influence the change of a prior visa denial only through the presentation of new convincing evidence of strong ties.

this pretty much verifies what I am saying I think. Is this a new

rule as of julyish or has it been in effect along time?

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

[GlobeHopperMama 95]

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.....

Unfortunately, we're living proof that a spouse visa can most definitely be denied for life without a criminal record, and with no immigration violations committed as an adult. 221 denials are also possible as many on here know, but if the INA were reformed to eliminate the possibility to try again, there would be a LOT of uproar.

Meanwhile, as someone else mentioned, we currently have an Advisory Opinion being sent to the Dept of State, as the interpretation of the law in our case seems to have gone awry. So even with a lifetime ban and visa denial, there is still room for trying to contest the decision in strange circumstances.

[sus 70]

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!

Martini, they are supposed to be in the know - but it's scary how often they aren't! It could be a proposal - but that's a long way from becoming a law (insert the old Schoolhouse rock song here!) There are always proposals that make their way to Congress or the Senate - we rarely hear about many of them, because they are so out in left field.

[Dean iWait 0]

humm maybe you should look for a lawyer!!! I will see if anyone knows a good lawyer in the SF area

Nita

I dont think this is a law, I just found it in a site called findlaw.com

this is what I found interesting An applicant can influence the change of a prior visa denial only through the presentation of new convincing evidence of strong ties.

this pretty much verifies what I am saying I think. Is this a new

rule as of julyish or has it been in effect along time?

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

I believe that presentation of new convincing evidence of strong ties applies to non immigrant visas not immigrant visas i.e. visitor and student visas. An intending immigrant would not need to provide evidence of strong ties to their own country.

[cantwait2long 0]

I believe that presentation of new convincing evidence of strong ties applies to non immigrant visas not immigrant visas i.e. visitor and student visas. An intending immigrant would not need to provide evidence of strong ties to their own country.

You are absolutely right Dean.

To apply for CR1/IR1 visa is the clear intent for immigration and not need to provide proof of strong to their country. That's why are are processed differently than other visa.

[Imua 0]

If anyone has access to a good research library database they can look up the publication 'CQ Weekly Reports' - CQ is Congressional Quarterly - unfortunately the library where I work does not get the online version but I will look in the index tomorrow if nobody else finds anything official. Each week it gives bills that were proposed, approved by the Senate or the House, or passed into law. If someone has the online version it would be easy to search under 'Immigration' beginning say in June '08. This publication is much easier to use for the average layman than the Federal Register.

[Sabr 0]

Seems to me "an ounce of prevention is worth a pound of cure."

Even if there is a simple and easy process to appeal, nobody can claim it will be all that fast. Its takes 10 months just to reach the interview stage. Would it take another 10 months to appeal? I think it might.

How would it be possible for a visa to be denied for no reason? In some countries, there is tension and fighting between ethnic groups. My wife's country is not an exception. If my wife is interviewed by a member of a rival ethnic group it could be denied out of spite in a New York minute.

I was thinking we'd be a heluva lot better off if I could hire an attorney to be present during my wife's consulate interview. Not to coach my wife in any way but to be sure the person doing the interview plays according to Hoyle.

According to the attorney I contacted and attempted to hire, its not possible for an attorney to be present during the interview so I'm searching for another option.

Any ideas?

[nunyab 0]

yeah... i think 221 is different isn't it?

[Kathryn41 3,205]

If anyone has access to a good research library database they can look up the publication 'CQ Weekly Reports' - CQ is Congressional Quarterly - unfortunately the library where I work does not get the online version but I will look in the index tomorrow if nobody else finds anything official. Each week it gives bills that were proposed, approved by the Senate or the House, or passed into law. If someone has the online version it would be easy to search under 'Immigration' beginning say in June '08. This publication is much easier to use for the average layman than the Federal Register.

You might want to check this site. There is some information you can get for free and some you get when you subscribe. There are different subscription options. http://corporate.cq.com/wmspage.cfm?parm1=12

[One heart 0]

Hello everybody;;;

my interview was on January,22nd,2008 and they sent my petition back to USCIS, my petition was received by USCIS on May,28th,2008 and from that date till now we did not receive anything from the USCIS ,my wife called them yesterday and their answer was they will make a progress on the petition after 45 days from yesterday.

Honestly,i have missed the hope to have my petition reapproved and sent back to the embassy.

any advice please'''''''''''''''''''''''''''''