212a(5a)

[Anas & Ayesha 1]

My husband just got out of his interview. ~Refused~ 212(a)(5a)

They said to him we have been looking forward to your visit. Asked why he send 5000+ pages for a REF (see time line)...the lady was pist off about it. Interview was already denied b4 he showed up......

Dont know what the code really means.....

What do we do now??? Any help anyone can offer, please.....

[Kazulie 132]

You need to respond ASAP and keep the case at the embassy! Don't let it get sent back to the States! He needs to get another interview while his case is still in Pakistan. Hopefully someone will come and tell you how to best do that. Or maybe you can search the Pakistan forums to find out what others have done.

I'm sorry to hear this!

[GlobeHopperMama 95]

INA 212(a)(5)(a)? That's really odd. Here's the actual legal reference:

212(a)(5)

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

Seems to have absolutely nothing to do with an immigrant spouse visa anyway. Are you sure that's the exact code they gave?

I really suggest talking to an immigration lawyer now if you haven't already. You have to move quickly to correct this without too much extra hassle. Don't try to do this alone at this point, because it sounds like you need someone experienced with inadmissibility and specifically experienced with Pakistan.

[Anas & Ayesha 1]

So interesting.......

He said they were more pist off due to the fact that I sent in 2000+ pages for our REF AND they gave my husband all those pages and told him to take them home. They were going to do everything they can to not get our process approved.

You need to respond ASAP and keep the case at the embassy! Don't let it get sent back to the States! He needs to get another interview while his case is still in Pakistan. Hopefully someone will come and tell you how to best do that. Or maybe you can search the Pakistan forums to find out what others have done.

I'm sorry to hear this!

How do we respond??? I am sending my congressman an email now. We have been in contact from our REF so Inshallah she can help. Can you advise us what more we should do??

[Penguin_ie 5,986]

They usually use that as a reason code for denial if they do not believe you have a bonafide relationship. Maybe they thought you sent so much evidence because you were trying to bury some bad stuff?

[Anas & Ayesha 1]

Please need advice as how to proceed from here. Any and all advice.

They never gave him a chance. They had already planed to give him a denial.

[carolynhotstuff 252]

There is not a whole lot you can do. You can fax the embassy asking for another interview and have your congressman's office ask for another interview. The embassy doesn't have to grant it. When your case is sent back to USCIS you will get a Notice of Intent to Revoke(NOIR) that will give you the exact reasons why your case was denied. You can use a lawyer who will help you put together your appeals package. You will only have 30 days to respond to the NOIR.

[Kazulie 132]

Please need advice as how to proceed from here. Any and all advice.

They never gave him a chance. They had already planed to give him a denial.

Can he go back to the embassy and politely but firmly as for another interview? Anything they want, he'll provide? I don't know. I'd be back there begging for another chance before the case leaves. My pride has been thrown out the window when it comes to immigration! Couldn't hurt??

[Anas & Ayesha 1]

I emailed our congresswoman who has been helping us. She is waiting for all the information from my husband before she contact the Embassy. I told her to not let our case leave the Embassy, lets see what happens.

I am wondering if I should call the embassy and ask them whats up and why.

Does anyone have a phone number? email? DOS phone number? Anything....

[Anh map 2,098]

What was the RFE asking for?

It is unusual to submit such a large number of pages in response to an RFE.

[Anas & Ayesha 1]

What was the RFE asking for?

It is unusual to submit such a large number of pages in response to an RFE.

after months of not receiving a NOA2 and the congressman's office checking in they sent us a REF to prove our marriage.....

I sent in 250 pages to begin our process and they lost them all??

They asked for documentation from beginning to current. So i send them 2000+ pages of proof. Letters from family and friends, I keep everything.

[Anas & Ayesha 1]

After talking with my husband they don't believe we have a real marriage.

The person who called him up first told my husband she said you are today whole(hot)topic and asked why we send all those pages. She pulled our application from it and gave it all to my husband and told him to take it all home.

A black woman interviewed him and she appeared to be mad at my husband and taunted him through all 3 interviews. She told him straight out that she was going to denial our application.

2 women had been approved while he was there and 2 men both received blue letter of denial.

It was an emotional denial. That woman didn't want to believe us nor approve us. She was pist off already because of the 2000+ pages that I sent to prove our marriage. Had she really went through all those pages she would have found that we have a real time marriage and EVERYONE around us is involved with us and our process. Both our family living it daily with us...Everyone knew of it and supported us. My children, family and friends and his family and friends all wrote letters in detail. I went into detail not to leave any questions for whom ever was going to go through those documents. Made it easy to read and coded it all so that it was easy to find what they were looking for. Supplied ALL phone numbers, addresses of each person in both our families for them to contact. Went into detail.

First of all I am a Financial Controller at a local company and I am very detailed person and keep records of everything because it is my job. I also follow through into my personal life and run it like a business as well. I never would have thought being this organized would cause such a huge issue.

[Anh map 2,098]

after months of not receiving a NOA2 and the congressman's office checking in they sent us a REF to prove our marriage.....

I sent in 250 pages to begin our process and they lost them all??

They asked for documentation from beginning to current. So i send them 2000+ pages of proof. Letters from family and friends, I keep everything.

I am asking what are these pages you are talking about? Email and chat?

Submitting a lot of "stuff" is not the answer. Submitting evidence that shows a true relationship is what is needed. Affidavits from family and friends do not mean a lot. A few (4 - 6) are plenty.

[Anas & Ayesha 1]

Please don't take offence I profiled the woman as black. I used it for identification only so that people may easily notice when at the embassy for the interview.

I received a complaint about my words. Pardon for that.

[together4evr 360]

After talking with my husband they don't believe we have a real marriage.

The person who called him up first told my husband she said you are today whole(hot)topic and asked why we send all those pages. She pulled our application from it and gave it all to my husband and told him to take it all home.

A black woman interviewed him and she appeared to be mad at my husband and taunted him through all 3 interviews. She told him straight out that she was going to denial our application.

2 women had been approved while he was there and 2 men both received blue letter of denial.

It was an emotional denial. That woman didn't want to believe us nor approve us. She was pist off already because of the 2000+ pages that I sent to prove our marriage. Had she really went through all those pages she would have found that we have a real time marriage and EVERYONE around us is involved with us and our process. Both our family living it daily with us...Everyone knew of it and supported us. My children, family and friends and his family and friends all wrote letters in detail. I went into detail not to leave any questions for whom ever was going to go through those documents. Made it easy to read and coded it all so that it was easy to find what they were looking for. Supplied ALL phone numbers, addresses of each person in both our families for them to contact. Went into detail.

First of all I am a Financial Controller at a local company and I am very detailed person and keep records of everything because it is my job. I also follow through into my personal life and run it like a business as well. I never would have thought being this organized would cause such a huge issue.

Running your marriage LIKE A BUSINESS is probably a bad thing with a MENA man. the business could be fraud. I do not know the reasons for the denial but I am sure they have more valid reasons other then the 2000 pages you sent.

I wish you luck in keeping the file at the embassy.