Confused about Letter

[Diamondgirljdj 0]

Greetings, my best friend in the whole world received a letter from the National Visa Center back in November 2010, it reads as follows,

Your inquiry has been received at the National Visa Center (NVC)

The Department of Homeland Security has forwarded your correspondence/information to the NVC. The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203 (g). An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa.

If the beneficiary wishes to immigrate, the petitioner must file a new petition with U.S. Citizenship and Immigration Services (CIS - formaly known as INS) You may contact them at .......

My friend is the petitioner

His ex-wife is the beneficiary

Preference Catagory is F2A Spouses and Unmarried Children of Permanent Res.

Priority Date: Feb. 3, 2003

Foreign State Chareability is Jamaica

He has tried to contact both the Visa Center as well as USCI for clarity, he withdrew his petition Sept. 2010. His ex wife has consistenly filed false abuse claims against him, he notified Homeland Security when he realized what the hell was happening to him. He thinks that she has attempted to utilize the VAWA. She has made several attempts to make him look like a abusive man, however, he was never formally charged with anything.

I would really appreciate any help that anybody can give - what does the above letter sound like to you and also, does this not have any bearing if she in deed did file under VAWA?

Thanks,

Diamondgirljdj

[Darnell 8,478]

The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203 (g). - Casefile was terminated, his request to withdraw the petition was honored.

Since this is his status -> Preference Catagory is F2A Spouses and Unmarried Children of Permanent Res.

he's ok.

I am a bit concerned about that 1 year clause - but IMO, since he's not gonna be filing a new petition for her, it's not something that he needs to worry about.

But what bothers me is that she's still in the USA? Did your friend find evidence of visa fraud with her? If so, he should get an infopass appointment at the local USCIS office, have a face to face talk with the ICE Shift Supervisor, hand over EVIDENCE of visa fraud to the ICE Shift Supervisor.

re: VAWA claim - alas - no, this letter has no bearing on any VAWA filing - but it may have bearing whilst the VAWA-claim is being adjudicated, IF it bears up that SHE is claiming abuse, when there was none - IMO he should talk with ICE Shift Supervisor soonish, connect the dots, give evidence, if he wants to try to thwart her attempt to invoke the tenets of a VAWA claim.

But hey - that's just my take on it - others will chime in, give more info.

Good Luck !

[Daniel&Theary 30]

It looks like a letter sent saying the process has been stopped and the file will be destroyed like last poster says. I know when an attorney is done representing you they send a letter like this also (in california) maybe its the same thing. If his is ex wife is in Jamaica and not in the states I would say everything is ok. If she is in the states he might want to look further into this. Daniel

[fazmo 24]

It says Your inquiry has been received at the National Visa Center (NVC). Therefore, the termination process was initiated by his withdrawal from the petition. The rest of the letter is just a general template they use and they did not modify it for this specific case. The important thing here is the case was already destroyed and the petitioner MUST apply again (if he wishes) in order for that applicant to continue with the process.

[Diamondgirljdj 0]

The referenced application for an immigrant visa went through the termination process and was destroyed in accordance with INA 203 (g). - Casefile was terminated, his request to withdraw the petition was honored.

Since this is his status -> Preference Catagory is F2A Spouses and Unmarried Children of Permanent Res.

he's ok.

I am a bit concerned about that 1 year clause - but IMO, since he's not gonna be filing a new petition for her, it's not something that he needs to worry about.

But what bothers me is that she's still in the USA? Did your friend find evidence of visa fraud with her? If so, he should get an infopass appointment at the local USCIS office, have a face to face talk with the ICE Shift Supervisor, hand over EVIDENCE of visa fraud to the ICE Shift Supervisor.

re: VAWA claim - alas - no, this letter has no bearing on any VAWA filing - but it may have bearing whilst the VAWA-claim is being adjudicated, IF it bears up that SHE is claiming abuse, when there was none - IMO he should talk with ICE Shift Supervisor soonish, connect the dots, give evidence, if he wants to try to thwart her attempt to invoke the tenets of a VAWA claim.

But hey - that's just my take on it - others will chime in, give more info.

Good Luck !

[Diamondgirljdj 0]

Thank you so much for your responses, she is still in the USA, she is still currently working. He is going through a Family Court Case and has tried to present all of this information to the courts, she claims that she still has her green card.

She has, over the course of a few years attempted to have him arrested for Domestic Violence, however, like I said before, no charges were ever filed against him. She has also gotten Order's of Protection against him, however, she violated them herself by having another child with him, this, the judge reminded her of during a Family Court proceeding.

He took the letter that he received from the Visa Center to an Immigration Lawyer. I'm not quite sure if it is a coincidence, we are thinking that she has met with him before because he insisted that the letter was pointless and that all immigration lawyers will do whatever it takes to keep a mom in this country and protect them. That being said, he wrote to Homeland Security and presented all of his evidence to them, it was a month or two later that he received the above letter. What is conflicting to me is that she has gone "around" the system so much, eventually it is going to catch up to her. Or do you think that she managed to play the system?

If a person utilizes the VAWA, is it easy to do so or do you really have to present evidence and proof that abuse took place? I mean, is it really so easy?

I read from your responses that he should infopass and meet with a officer. Do you still suggest this?

Thank you so much - sorry to be a bother

[Darnell 8,478]

yup, i still suggest he make infopass appointment, talk to the ICE shift supervisor, face to face.

[Diamondgirljdj 0]

yup, i still suggest he make infopass appointment, talk to the ICE shift supervisor, face to face.

He was just won his Family Court case and now has custody of his daughters, do they look at this while investigating visa terminations?

[Darnell 8,478]

if there was any evidence of visa fraud presented in the divorce proceedings/Family court case,

it's up to HIM to show it to the ICE shift supervisor at the local office. HE needs to do this, ICE won't simply sweep a copy of the divorce documents from the local court.

[Diamondgirljdj 0]

ICE was notified of the divorce, fraud claims, blah blah blah, but from what I have researched and from what I am understanding from this forum is that if she filed under VAWA say, back in 2005 and was approved for her own green card than why would NVC send such a notice saying that the beneficiary's visa has been destroyed and/or terminated? It is a difficult law to follow, and hard to get clear understanding. Everything points to termination but the understanding that I get is that if she filed so long ago then it doesn't matter - it's a done deal. It doesn't seem likely that ICE would re evaluate a case.

Thanks again,