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Filed: AOS (pnd) Country: Russia
Timeline
Posted

Well that sucked.

back ground. In explanation to the answer "yes" to the communism question listed on the I-485, we stated in one of the three exemptions we qualified for, that in my fathers position being a communist granted access to better food and shelter(better apartments fruit, meat)

We arrived for the interview and The IO had my in laws go to the interview together and initially said " you guys are good to go" Then when he got to the part of the question regarding communism for my dad he said"I have never dealt with an ex communist from Russia before wait here" and he went and got a woman who spoke Russian. She was a younger looking woman, no more than 45(communism fell in Russia in 1991) she stated she had been a communist and that you didn't have to be a communist to get food and shelter(true, sort of) We had only mentioned that in HIS position not being a communist meant no upward mobility, hamstringing his ability to care for his growing family. My father did not want to argue with her, he just apologized and said "I'm sorry the translation just wasn't very good". The Russian woman left and the immigration officer looked through more of the application and said" If it were up to me I would approve you , you seem like really good people, but its up to my supervisor, you guys will know sometime next week.

So we got home and my moms Uscis page says "new card being produced" But my dads says" Interview completed and case must be reviewed"

1. Can/do they split decisions on application of spouses? Like one can be denied and one approved?

2.Does any one have any idea what they could be reviewing? Is it just the communist exemptions that were listed and if they are actually part of the INA acts? I want to prepare for whatever they will throw at us.

Thanks in advance,

Harry

Posted

1. Yes. They decide whether people are eligible on an individual basis (this is not a communist country ;))

2. It seems like they are reviewing his answers with a supervisor.

It seems like it went well, to me. He exaggerated about the food so they need to make sure he is not covering up something. It pays to be factual, not dramatic, with USCIS. But I wouldn't worry; I'd expect an approval sometime in the next few weeks.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (pnd) Country: Russia
Timeline
Posted

Interesting info thanks Harpa,Its very helpful.

This is for any one, isn't immigration premised on keeping families together? what are the possibilities here? They deny him for what exactly? Their subjective interpretation of what communism was like for some one 25 years younger then they are? He didn't lie about communism and relayed his experiences. if he was under the impression that he wouldn't be able to continue getting the food his family needed how can they refute that? Also it IS true. Its what they implied when he was working.

does any one know, if you answer "yes" to any of those questions on the I-485 is it an automatic review by a supervisor? i gusts I am trying to figure out what puts cases in a review

Thanks,

Harry

Posted

Nothing you can do now but wait. Any answers to your follow up questions would be pure speculation.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

Family immigration is for keeping families together, but a family relationship does not supersede an ineligibility for a Greencard, like prostitution and being a nazi, for instance. It doesn't matter if a foreign prostitute has a loving family in the US, that person cannot get a Greencard according to the laws of the US.

In your case, they will only deny him if they can prove that he either engaged in activity that makes him ineligible for a GC or that he lied on his application. Per your description I don't think they can do that, unless they do a special background check on him and find that he lied.

Really, I'd relax and expect approval soon.

And no, saying yes to those questions doesn't automatically mean supervisor review, because sometimes the IO that you get can be a supervisor. Or sometimes the question is so obviously okay (like my husband who had to say yes to the military training question) that I suspect any IO can approve.

Try to relax and enjoy your weekend. :)

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (pnd) Country: Russia
Timeline
Posted

Family immigration is for keeping families together, but a family relationship does not supersede an ineligibility for a Greencard, like prostitution and being a nazi, for instance. It doesn't matter if a foreign prostitute has a loving family in the US, that person cannot get a Greencard according to the laws of the US.

In your case, they will only deny him if they can prove that he either engaged in activity that makes him ineligible for a GC or that he lied on his application. Per your description I don't think they can do that, unless they do a special background check on him and find that he lied.

Really, I'd relax and expect approval soon.

And no, saying yes to those questions doesn't automatically mean supervisor review, because sometimes the IO that you get can be a supervisor. Or sometimes the question is so obviously okay (like my husband who had to say yes to the military training question) that I suspect any IO can approve.

Try to relax and enjoy your weekend. :)

Haha, Loving prostitute I literally laughed out loud.

It looks like it was approved, Online it says "case was approved" for dad although it does say " under review" for mom, but they said during the interview she may need to do the fingerprinting again because it didn't get done properly at bio metrics. as they had no issues with her application I suspect we will need to re do that part for hers to be approved.

Thanks for the laugh,

Harry

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

Actually after World War II they allies outlawed the Nazi party in Germany but not the US

1st amendment protects their right to freedom of speech and assembly. Their are actually 50 political parties in the US, a number of them include socialist parties, communist paties and even marijuana based political parties. The Democrats and Republicans are so dominant that the other 48 are negligible.
Posted (edited)

Actually after World War II they allies outlawed the Nazi party in Germany but not the US

1st amendment protects their right to freedom of speech and assembly. Their are actually 50 political parties in the US, a number of them include socialist parties, communist paties and even marijuana based political parties. The Democrats and Republicans are so dominant that the other 48 are negligible.

US Citizens can be Nazis but foreign nationals wanting to come to the US cannot be Nazis. The US has deported Nazis who lied on their immigration paperwork (and stripped acquired citizenship). There are plenty of US-born prostitutes too.

I can't believe you want to defend nazis. For what? Internet points?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: AOS (pnd) Country: Russia
Timeline
Posted

Actually after World War II they allies outlawed the Nazi party in Germany but not the US

1st amendment protects their right to freedom of speech and assembly. Their are actually 50 political parties in the US, a number of them include socialist parties, communist paties and even marijuana based political parties. The Democrats and Republicans are so dominant that the other 48 are negligible.

While your correct that citizens inside this country are entitled to the protections of our constitution, people adjusting status are not. Harpa is correct that people who immigrated here after WW2 and lied about their Nazi part affiliation were stripped of their citizenship, and if they committed crimes were tried at the Hague, rightfully so. In fact their are Nazi hunters who still look for old Nazi war criminals for persecution for the atrocities they committed against the unarmed Jews.

1 other point, while R and D are polling highest, The libertarian candidate is polling around 10%, so the "other" party's are starting to warm up, which is great!

Harry

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Congratulations, Harry!

*** Thread is moved from the "AOS from WS&T Visas" main forum to the Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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