Cancelled visa and revocation

[Sabian 4]

My husband was interviewed in Islamabad in July and in August. I was told in November via email that my visa has been cancelled and sent back to NVC for revocation. The email indicated that I should contact NVC in a few days. It is now January (2 months) and NVC and DOS say that our case is still in AP. First of all, I do not know why our visa was cancelled. Secondly they never asked for more evidence. Isn't the embassy supposed to ask for supporting evidence if they plan on cancelling a visa? The consular officer we spoke to was rude and condescending and was accusing us of fraud but could never tell us why or give us a chance to submit more evidence.

I have since hired a lawyer, but the process is taking so long. I have written my senators and local congress. I have written supervisors at the NVC. Another problem is that they have not returned our documents or my husbands passport.

Should I have my friends and family who are aware our relationship and know it to be valid and legitimate sign something and get it notarized and I submit this to the embassy? I have at least 20 people that would be willing to vouch for us. That includes my mother, father, grandmother, best friends, cousins, sisters and my husbands family.

In the meantime I am going to see him for a little bit because we are missing eachother a lot. If anyone has any advice I would appreciate it.

Thank you!

[EAbbas 213]

I don't know anything just wanted to send you my love and support... hang in there go see him and enjoy your time with him. All we have is pending for almost 7 months and got an update today saying several updates were made at the end of last week and it shouldnt be too much longer..

thinking of you always!!!

[SHM 0]

Sabian, thanks for the reply to my other post. I'm sorry to hear about the possible revocation Did the November email from the embassy give any specific reasons for the revocation?

It seems that the embassy has not yet forwarded your case back to the NVC. If they had, I am sure by now that NVC/DOS would have confirmed that. Maybe Islamabad is slow like some other embassies in sending possible revocation cases back to the US. Perhaps you have already come across this information but wanted to pass it along:

1) You seem concerned that the lawyer you hired is taking a long time. You may want to consider contacting the State Bar in your state and ask if they have a list of recommended immigration attorneys - double check to make sure your attorney is on there. I hope the lawyer you hired had experience with revocation cases?

2) I am not 100% sure but I believe these are the CFR regulations that could be at play in your case: http://www.access.gpo.gov/nara/cfr/waisidx_11/8cfr205_11.html. These seem to concern revocation once the case has reached USCIS for re-evaluation from the embassy. In any event, the regs indicate that the petitioner must be given the opportunity to present evidence in support of their petition. It would seem then that it is in your best interest to get started on getting all of the letters from your family/friends as well as compiling any other relevant evidence. I don't think it would hurt to send a set of all of your evidence to the embassy. I would have your lawyer draft the letter to the embassy.

It's too bad that your congressional liasons have not been able to reach out to the embassy and sort through this mess. Is there any way at all to ask your state reps to try to get another interview for you both at the embassy?

[JimVaPhuong 4,863]

My husband was interviewed in Islamabad in July and in August. I was told in November via email that my visa has been cancelled and sent back to NVC for revocation. The email indicated that I should contact NVC in a few days. It is now January (2 months) and NVC and DOS say that our case is still in AP. First of all, I do not know why our visa was cancelled. Secondly they never asked for more evidence. Isn't the embassy supposed to ask for supporting evidence if they plan on cancelling a visa? The consular officer we spoke to was rude and condescending and was accusing us of fraud but could never tell us why or give us a chance to submit more evidence.

I have since hired a lawyer, but the process is taking so long. I have written my senators and local congress. I have written supervisors at the NVC. Another problem is that they have not returned our documents or my husbands passport.

Should I have my friends and family who are aware our relationship and know it to be valid and legitimate sign something and get it notarized and I submit this to the embassy? I have at least 20 people that would be willing to vouch for us. That includes my mother, father, grandmother, best friends, cousins, sisters and my husbands family.

In the meantime I am going to see him for a little bit because we are missing eachother a lot. If anyone has any advice I would appreciate it.

Thank you!

The visa was refused, but that's not what's being revoked. The consulate is saying that USCIS never should have approved the petition, and they're sending the petition back to USCIS with a recommendation that the approval be revoked. The returned petition will pass through the NVC, but the NVC doesn't make any decisions on it. That's not their jurisdiction.

USCIS won't necessarily revoke the approval of the petition simply because the consulate asked them to. They'll consider the consulate's recommendations and either agree or disagree with them. If they disagree then they'll reaffirm the approval, and the petition will go back to the consulate for another interview. If they agree with the consulate then they'll send you a Notice Of Intent to Revoke (NOIR). THAT'S when you'll get your chance to submit more evidence to rebut the consulate.

Collect your evidence together and be prepared to submit a response to the NOIR. If you receive a NOIR then you usually have only 30 days to respond.

[carolynhotstuff 252]

Sabian,

If you go to Pakistan soon, contact the embassy by fax and email. Let them know you are in the Country and request another interview. Bring your letters from family and friends with you to Pakistan and any other proof you may have. If your case has not left the embassy there is a small chance that they might see you and change their decision to deny the visa.

[Sabian 4]

I don't know anything just wanted to send you my love and support... hang in there go see him and enjoy your time with him. All we have is pending for almost 7 months and got an update today saying several updates were made at the end of last week and it shouldnt be too much longer..

thinking of you always!!!

Thank you! You have been a great support through all of this thank you. I am sure that you guys will be approved and all will be ok!

[Sabian 4]

Sabian, thanks for the reply to my other post. I'm sorry to hear about the possible revocation Did the November email from the embassy give any specific reasons for the revocation?

It seems that the embassy has not yet forwarded your case back to the NVC. If they had, I am sure by now that NVC/DOS would have confirmed that. Maybe Islamabad is slow like some other embassies in sending possible revocation cases back to the US. Perhaps you have already come across this information but wanted to pass it along:

1) You seem concerned that the lawyer you hired is taking a long time. You may want to consider contacting the State Bar in your state and ask if they have a list of recommended immigration attorneys - double check to make sure your attorney is on there. I hope the lawyer you hired had experience with revocation cases?

2) I am not 100% sure but I believe these are the CFR regulations that could be at play in your case: http://www.access.gpo.gov/nara/cfr/waisidx_11/8cfr205_11.html. These seem to concern revocation once the case has reached USCIS for re-evaluation from the embassy. In any event, the regs indicate that the petitioner must be given the opportunity to present evidence in support of their petition. It would seem then that it is in your best interest to get started on getting all of the letters from your family/friends as well as compiling any other relevant evidence. I don't think it would hurt to send a set of all of your evidence to the embassy. I would have your lawyer draft the letter to the embassy.

It's too bad that your congressional liasons have not been able to reach out to the embassy and sort through this mess. Is there any way at all to ask your state reps to try to get another interview for you both at the embassy?

There was no specific reason, and also no reply to my inquiry as to why this was happening. I am assuming that they suspected fraud perhaps because me and my husband are different ethnicities? That was the only thing I could think of that would come up as suspicious. Also I will take your advice and contact the state bar. I feel like I am spending so much and she is really not doing anything more than I could do myself. I will definitely get more evidence, as I have thousands of emails and many many pictures. I have contacted my congressional reps already, but with no response yet. I am sure that they will get back to me soon, I just think it takes a couple months to hear a reply.

Thank you for all your suggestions you have been great!

[Sabian 4]

The visa was refused, but that's not what's being revoked. The consulate is saying that USCIS never should have approved the petition, and they're sending the petition back to USCIS with a recommendation that the approval be revoked. The returned petition will pass through the NVC, but the NVC doesn't make any decisions on it. That's not their jurisdiction.

USCIS won't necessarily revoke the approval of the petition simply because the consulate asked them to. They'll consider the consulate's recommendations and either agree or disagree with them. If they disagree then they'll reaffirm the approval, and the petition will go back to the consulate for another interview. If they agree with the consulate then they'll send you a Notice Of Intent to Revoke (NOIR). THAT'S when you'll get your chance to submit more evidence to rebut the consulate.

Collect your evidence together and be prepared to submit a response to the NOIR. If you receive a NOIR then you usually have only 30 days to respond.

Thank you, I will make sure to do this and this is very informative. I hope that it doesn't take long to get back to USCIS.

[Sabian 4]

Sabian,

If you go to Pakistan soon, contact the embassy by fax and email. Let them know you are in the Country and request another interview. Bring your letters from family and friends with you to Pakistan and any other proof you may have. If your case has not left the embassy there is a small chance that they might see you and change their decision to deny the visa.

Yes I plan on doing this. Hopefully they will allow us to go in for a joint interview so that they can validate our relationship.

[carolynhotstuff 252]

Also you should give a follow up call to your congressman's office. It only takes a matter of days for them to be able to help you. You just sign and fax them a consent form.

[Noah Lot 391]

Also you should give a follow up call to your congressman's office. It only takes a matter of days for them to be able to help you. You just sign and fax them a consent form.

congressmen cannot order the embassy folks to do anything (congress is in the legislative branch of our government; the State Dept is in the executive branch, and, if you remember Government 101, none of the branches can tell another what to do.

[carolynhotstuff 252]

I never said that a congressman can order the embassy to do anything...where did you get that idea?

Sabian I have seen posts on visa journey where a congressman was able to get more details about why a visa was denied. I think it's a plus to have a congressman involved in your case.

[EAbbas 213]

congressmen cannot order the embassy folks to do anything (congress is in the legislative branch of our government; the State Dept is in the executive branch, and, if you remember Government 101, none of the branches can tell another what to do.

Noah Lot... Carolyn and I both have dealt with months and months of AP. Her more so than me. She is right... it IS better to see if the congressman can get involved it makes the embassy aware another government office is looking at the case closely. While we all know they can't do anything they can make inquiries on your behalf and sometimes get the case to stay at the embassy, sometimes get more information etc.

Carolyn wasn't saying the congressman can make the embassy do anything she was just saying its good to get the congressman involved and that all she has to do is contact them and sign a paper saying they have permission to talk to the embassy on their behalf

Edited January 6, 2012 by EAbbas

[JimVaPhuong 4,863]

congressmen cannot order the embassy folks to do anything (congress is in the legislative branch of our government; the State Dept is in the executive branch, and, if you remember Government 101, none of the branches can tell another what to do.

Putting on my nit picking hat...

Actually, the three branches of government do frequently tell each other what to do. Congress passes laws, and the executive branch is bound by those laws. By the same token, the chief of the executive branch - the President - can veto a law they don't agree with. The judicial branch weighs whether laws are enforceable or constitutional, and may throw out a law if they believe it shouldn't have been passed. Likewise, policies of executive branch agencies are often challenged in a judicial branch court. If the policy is determined to be contrary to the intent of congress then the court may order the executive branch agency to revise their policy.

The system is called "checks and balances". The "checks" part limits the authority of each branch. The "balances" part provides an avenue to counter the weight of one branch by appealing through another branch for relief.

...nit picking hat off.

You're right. A congressional representative can't issue orders to an executive branch agency. However, a congressional representative can submit a private bill that can force an executive branch agency to make an exception to the law in a specific case. Some representatives have submitted bills like this in immigration matters; for example, to stop a deportation.