NOIR's are flying out of CSC right now.

[ellis-island 6]

This post is for petitioners whose I-130 petitions have been returned to USCIS

by consulates. Get ready.

I've been retained on at least a half-dozen new NOIR cases from

CSC in the past two weeks. It's astonishing! (Note: I've seen no K-1/NOID's).

Make sure USCIS has your correct address - if you're a USC Petitioner.

The NOIR's are from Vietnam, Mid-East and China.

CSC is moving these cases out. Rather than examining the consular memorandum's assertions,

as I commended VSC for doing in my immigration law blog*, most CSC adjudicators seem to be just quoting

the consular memorandum.

(*My TWITTER ID = chaleck. I post updates to my immigration law blog on TWITTER.)

I saw one NOIR today though, where the adjudicator had reduced the case to a single issue. Thumbs up to that adjudicator.

But if you're an I-130 petitioner in the US who has had your petition returned to CSC - get your evidence ready.

Remember "Matter of Ho"- I quoted in my case law thread in my immigration blog*. The burden of proof is on Petitioner -

not the consulate and not USCIS. Essentially, you have to prove your case all over again.

So get your evidence of trips abroad, of frequent and lengthy communication, phone bills, emails, chats, photographs.

Respond to each conclusion stated in the NOIR. Break them down if necessary. I've found that's helpful.

Get your evidence together. Two hole punch them at the top and index them by tabs. The most bothersome thing

to get together are the translations. Translations are more of a problem in my Vietnam cases than in my Chinese cases

or cases in other consulates.

But if you have hundreds of letters, emails & chat pages that need translating from another language - get to work.

Or else hire someone to do them for you. And remember translations have to be certified by the translator -

they don't need to be notarized. Translators don't need to have any special qualifications. They simply

need to be competent in English and in the language that is being translated into English.

Don't let them charge you for a rain dance. Don't get ripped off by translators.

8 CFR 1003.33 - Translation of documents.

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation

and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that

the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities.

These cases are flying out of CSC right now. So get ready.

Edited June 18, 2009 by ellis-island

[TBoneTX 45,524]

(bump) Way to go, Mr. Ellis!