Cousin denied visa

[crazysamurai 0]

My cousin recently stood in for immigrant visa in Mumbai Consulate in India and they DENIED him the visa......Here is the timeline of what and how it happened. Can anyone from VJ community help me understand why this happened and most importantly....HOW TO FIX THIS.....

1. My uncle was a green card holder and he applied for his son to come here on Immigrant visa. At that time his son was over 21 but NOT married. So his visa category was "Adult Unmarried Sons/Daughters of Permanent Resident".

2. My uncle became citizen in 2004. So, he "upgraded" petition for his son so he can come here faster because of him being US citizen now.

3. My cousin (my uncle's son) got married.

4. My uncle submitted his son's marriage cert. and later (upon birth of his grand child), grand child's birth certificate to add them (wife and son) on his son's petition as dependents.

5. In 2008, NVC approved the case. DSL forms were sent to my cousin in India. My cousin paid necessary fees (choice of agent, IV fees, etc.) and filled out DSL forms and sent them to NVC.

6. Mumbai consulate scheduled a visa for him (my cousin) few days ago.

7. My cousin went to get visa with his wife and son.

8. Consulate denied him the visa because they said: He got married before my uncle became citizen, so he can't come under this category now.

After all these waiting for 6-7 years, they (NVC, USCIS and Consulate) NEVER found any issue with this application and now they are finding problems when he stood in for his visa interview....THIS IS SO INSANE....PLEASE HELP....

CS

[aaron2020 11,651]

Sorry to hear about your cousin. Under the timeline you posted, you cousin got married after his dad became a US citizen which means the petition should be good. Strange.

If your cousin got married before his dad became a citizen, then he blew it. USCIS and the NVC have hundred of thousands of cases so they cannot be perfect. The final check to determine if someone is eligible for a visa is at the embassy/consulate stage. Petitioners and beneficiaries are ultimately responsible for their cases and to conduct themselves according to the established rules.

[crazysamurai 0]

My fault for not making it clear...because I listed step 2 and 3 out of order. My cousin did get married before my uncle became citizen...

CS

[TayRivers 4]

If the son got married before his father became a Citizen then there is nothing you can do to make it right. His father would have to refile for him as a married son and wait for a visa to become available again.

[Carlos and Jocel 2]

My cousin recently stood in for immigrant visa in Mumbai Consulate in India and they DENIED him the visa......Here is the timeline of what and how it happened. Can anyone from VJ community help me understand why this happened and most importantly....HOW TO FIX THIS.....

1. My uncle was a green card holder and he applied for his son to come here on Immigrant visa. At that time his son was over 21 but NOT married. So his visa category was "Adult Unmarried Sons/Daughters of Permanent Resident".

2. My uncle became citizen in 2004. So, he "upgraded" petition for his son so he can come here faster because of him being US citizen now.

3. My cousin (my uncle's son) got married.

4. My uncle submitted his son's marriage cert. and later (upon birth of his grand child), grand child's birth certificate to add them (wife and son) on his son's petition as dependents.

5. In 2008, NVC approved the case. DSL forms were sent to my cousin in India. My cousin paid necessary fees (choice of agent, IV fees, etc.) and filled out DSL forms and sent them to NVC.

6. Mumbai consulate scheduled a visa for him (my cousin) few days ago.

7. My cousin went to get visa with his wife and son.

8. Consulate denied him the visa because they said: He got married before my uncle became citizen, so he can't come under this category now.

After all these waiting for 6-7 years, they (NVC, USCIS and Consulate) NEVER found any issue with this application and now they are finding problems when he stood in for his visa interview....THIS IS SO INSANE....PLEASE HELP....

CS

The big mistake I see on this CASE is that your cousin got married and now belongs to another column of visa request. I think he is now priority 5 because he got married and now an adult. That will take from 6-10 years. Your cousin PRIORITY is the least on his case... son/daughter under the age of 18, wife/husband, is sample of the priorities... to bad!

[liketohelp 0]

My cousin recently stood in for immigrant visa in Mumbai Consulate in India and they DENIED him the visa......Here is the timeline of what and how it happened. Can anyone from VJ community help me understand why this happened and most importantly....HOW TO FIX THIS.....

1. My uncle was a green card holder and he applied for his son to come here on Immigrant visa. At that time his son was over 21 but NOT married. So his visa category was "Adult Unmarried Sons/Daughters of Permanent Resident".

2. My uncle became citizen in 2004. So, he "upgraded" petition for his son so he can come here faster because of him being US citizen now.

3. My cousin (my uncle's son) got married.

4. My uncle submitted his son's marriage cert. and later (upon birth of his grand child), grand child's birth certificate to add them (wife and son) on his son's petition as dependents.

5. In 2008, NVC approved the case. DSL forms were sent to my cousin in India. My cousin paid necessary fees (choice of agent, IV fees, etc.) and filled out DSL forms and sent them to NVC.

6. Mumbai consulate scheduled a visa for him (my cousin) few days ago.

7. My cousin went to get visa with his wife and son.

8. Consulate denied him the visa because they said: He got married before my uncle became citizen, so he can't come under this category now.

After all these waiting for 6-7 years, they (NVC, USCIS and Consulate) NEVER found any issue with this application and now they are finding problems when he stood in for his visa interview....THIS IS SO INSANE....PLEASE HELP....

CS

Dear Friend,

Just got through your post and want to know more as one of my friend's case is the same. NVC has completed his case and he is waiting for visa interview. So if you are able to give me your or your cousin's contact details please mail me on aaravamin13@gmail.com

I am from baroda gujarat so if you dont mind please give your cousin's phone number also. THANKS A LOT FOR YOUR HELP.

[crazysamurai 0]

Sorry to bring this topic back to life....But, I spoke to my cousin again...and he had several questions...

1. When he got married, they submitted his marriage certificate and later his son's birth certificate to USCIS. USCIS sent them letter confirming they received everything and in the visa category they listed: "Married Sons/Daughters of US Citizen" in that letter. So, if they updated him correctly at that time, WHY DID THEY DENY HIM NOW?

2. What should be next course of action? Would hiring an attorney help in this situation? Also, will Congressman or Senator be of any help in this situation?

3. Can his case continue from when my uncle became citizen in 2004? (ie. his priority date will be the day after my uncle became citizen) OR does my uncle have to file from the begining (ie. priority date of 2009)???

thanks in advance for you help as this is not straight forward case...

[motu 5]

Try talking to one of the Indian/Pakistani attorneys in your area - there are hundreds in New York, Chicago, Los Angeles areas. They can tell you exactly what needs to be done including if he can ask for a 'hearing' or 'appeal' the decision. Most of them charge around $100 for an initial consultation (some of them don't charge anything for the first consultation - so you can look around and find one that meets your pocketbook needs). Good Luck