trini_prince

I agree, but some consuls outright deny applicants wrongfully. In Trinidad at the US Embassy Port of Spain some years back this was a huge problem. Discrimination, wrongful denials. I know one guy who got denied wrongfully since his job was sending him on a job reward on a cruise. Two weeks later he tried back and got it. They rotate consuls every three years. Some of those consuls got sent quite Iraq and Saudi Arabia. They are trained to understand what good visa clients are in terms of Salaries, job profession to name a few. Each country is different. Read the daily newspapers articles on denials for example. Here for example, http://www.trinidadandtobagonews.com/blog/?p=4179 http://www.newsday.co.tt/news/0,102712.html

MY FINAL ADVICE THEN, do not try then. The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizenfiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. Best she files a fiance petition then. Not like she said his intentions was to stay, so I only give an honest opinion so he does not risk getting denied. All the best.

Well, have him go to the interview to waste his money saying he is going to stay by his girlfriend and get denied. Two months or six months later god forbid, his RELATIONSHIP with his girlfriend ends. He decided he wants to visit his FAMILY or tourism and try back. They check back denial notes and see why he was denied. That 214b letter is a standard letter they give to everyone.

Consuls are trained to deny certain applicants. This is based on salary, type of job and more. It also depends on if the country has a record of high overstays. I am not going to list my source. But apparently, yo know it best. I say no more.

HFM181818

STOP trying to BE DIFFICULT. I am sure he knows someone in the USA that he can genuinely say he is going to stay by and stay by. From there, he can visit her. I never said put a hotel, i said stay by a friend or relative. If he has no one over there, then that's a different boat. But if does, put their address. Stop being childish.

@

HFM181818

How can it backfire, re read my post. They US Embassy is a money making business that makes billions of dollars. CERTAIN APPLICANTS WOULD ALWAYS BE DENIED! Why give someone bad advice telling them to be honest only to be rejected a visa??? What if the relationship ends and he has a rejection on the visa system saying that applicant's intentions is to visit girlfriend. He applies again really wanting to visit and when the consul check back previous denial notes and now he says family or tourism. I won't advise anyone to waste their hard earn cash just to be denied. Not worth it. In that case, best she sponsors him and he would get through much quicker that route to marry within 90 days. He can always stay by a relative and then fly and meet his girlfriend in the US. But don't say you gonna visit a girlfriend or boyfriend. Even CBP might deny entry if they know he is going to visit a girlfriend. I know the visa system inside out. Don't be fooled.

DO NOT MAKE THAT MISTAKE ABOUT TELLING THEM HE IS VISITING HIS GIRLFRIEND!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Other members who say that are giving you bad advice. Simply let him say he is visiting for business or tourism or if he has any other relatives, put their address or male friend. If they know he will be visiting his girlfriend they will promptly deny. That means weak ties and he might me going to get married in their eyes. Do not do it. If he has to be honest with them, best he save his money and you can apply for a fiance visa for him.

I have my sister, brother and mother living in the USA AND GOT Denied 5 times being very honest. I am now in the process of getting my green card waiting to be interviewed.

Section 214(b) of the Immigration and Nationality Act. US law places the burden on nonimmigrant visa applicants (except for H-1B and L-1s) to show that they are not intending immigrants. Nonimmigrant visitor visa applicants (B) must show that they have a foreign residence that they have no intention of abandoning and are visiting the US temporarily for business or pleasure.

You are a US citizen in love and in a relationship. The consular officer would quickly deny and put that on his rejection notes and he will always be rejected after that.

Good luck.

We've sent AOS/IV documents on 10/22/2015, USPS Delivery Confirmation 10/29/2015. Waiting till Monday to call NVC to confirm they received our package..

Hey, I have the same scan date as yours. 4th November, 2015. You got checklist or case complete as yet?

Administrative processing is just their wording used to describe review. In non immigrant cases, they can check to see if you are committing fraud such as to call your job to verify that you in fact work there, a name hit similar to a terrorist and stuff like that.

In your case, might be a simple error or something that popped up during their check on their system. They will contact her back when it is completed. I doubt it will take more than two to three weeks or even less. Good luck!

Ok

Have they sent you the AOS and Immigrant Visa fee bill as yet? Or choice of agent..

Yup, my mom petitioned for me. Submitted my civil and financial docs this week. Where have you reached in the process?

What is a grounds of inadmissibility

In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible due to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.

212(a)(1)(A)(iv) Inadmissibility due to Drug Abuser/ Drug Addict

Foreign nationals may be inadmissible due to health related grounds. This includes people who are determined to be a drug abuser or addict.

How to obtain a determination that the 212(a)(1)(A)(iv) ground of inadmissibility was incorrectly made

No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.

How to obtain a 212(a)(1)(A)(iv) waiver

There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. Nonimmigrants are foreign nationals who are trying to obtain or enter with a temporary visa such as a B2 tourist visa, F1 student visa or H1B work visa, among others. Some grounds of inadmissibility allows both immigrant and nonimmigrant waivers, some allow one and some offer no waiver at all.

Nonimmigrant Waiver

A nonimmigrant waiver can be issued for a one year term (five year term in limited circumstances) where the foreign national is eligible for a nonimmigrant visa and can establish his or her presence would not be harmful to US interests. When the application for the waiver is made, normally at the Consulate the will issue the nonimmigrant visa, the Consular officer will consider the following factors when deciding whether or not to issue the visa

1. The recency and seriousness of the activity or condition causing the inadmissibility;

2. The reasons for the proposed travel to the US; and

Immigrant Waiver

There is no immigrant waiver for 212(a)(1)(A)(iv).

Your case died on its own.

Your mom has to file a new i130. Sorry.

YOU were wrong!! They reopened the petition eventually after sending letter with attachments in email to VSC.

In case anyone goes trough this. My mother eventually wrote to USCIS via email attaching a letter and within 3 weeks, the case was reopened and I got to keep my original priority date, It wAs then sent to NVC.

Hi, you ever got this sorted out. I am in a similar situation. Please state how long they took to resolve and the outcome. Than you

Bump

Can anyone add to this USCIS reply.

After another service request in reply to USCIS that they revoked the petiton in 2009 because of a withdrawal request, she stated in the service request done online that she never sent a withdrawal letter and that USCIS needs to check the signature and who worte the letter. She then said that she never sent any withdrawal request and that her son which is I who is the beneficiary mistakingly sent a withdrawal letter thinking it was needed to apply for a non immigrant visa and that under US Law, only a petitioner can withdraw an immigrant petition. This is true, because from what I read, the only grounds for automatic revocation concerning a withdrawal request must come from the petitioner. Anyway, below is what they stated in their reply to the service rquest:

U.S. Department of Homeland Security
VERMONT SERVICE CENTER
75 LOWER WELDEN STREET
SAINT ALBANS,VT 05479

U.S. Citizenship and Immigration Services
Friday, April 24, 2015

Emailed to XXXXX@YAHOO.COM

Dear XXXXXXXX:

On 04/14/2015 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:
-- Applicant or Petitioner

Attorney Name:
-- Information not available

Case type:
-- I130

Filing date:
-- 05/17/2002

Receipt #:
-- EAC-XX-XXX-XXXXX

Referral ID:
SRXXXXXXXXXXXXVSC
Beneficiary (if you filed for someone else):
-- Information not available

Your USCIS Account Number (A-number):
-- Information not available

Type of service requested:
-- Outside Normal Processing Times


The status of this service request is:

We are sending your case for review. It is not necessary to submit multiple requests for corrective action. Your request for a review of this application or petition will be completed as quickly as our resources allow. Please allow a minimum of 60 days for this office to request, receive and review the file.

Does this mean they have finally decided to review the case?? Anyone???

BUMP

I agree, since for the past two years, my mom have been trying to get this case push foward. Over 5 service requests and one administrator error request took us to find out the case was revoked. Sadly, uscis in their own detailed letter, never said a NOIR was sent. Only that NVC recieved a withdrawal request and returned it for revocation. So who ever immigrant worker got the petition, may have never took time to see who the letter came from. Like I said, we have reported to the Ombudsman. We are also awaithing USCIS response to a servide request whwre my mother stated to them that the letter never came from her and she wants the case reoprned and sent to NVC. I will waite and see. USCIS have made errors in the past on other petitons that got reopened because of errors.

Are you sure it died. Remember, it was returned upon the letter form myself who is the benficiary. It was not abandoned. I contacted NVC who said it was simply returned to NVC. I can understand if it was terminated for failure to apply under the one year limit. Under law, even on some US embassy websites I read, only the petitioner can withdraw a case. I as the beneficiary mistakely sent it. She never got any NOIR (Notice of Intent to Revoke). Think about it like this way, what if smeone forged a letter and sent to NVC using my name and information, upon reciept form NVC, they are suppose to issue you a NOIR to the petitoner. Guess we will have to awaite the Ombudsman reponse. Clearly I see no where on any site or forum where a beneficiairy can withdraw. Only a petioner. Anyone, can add to this.

I will like to know if my mother's i-130 can be reopened.

Based on an update from an administrative error service request sent out April 10th, 2015, it states her petition was revoked because NVC recieved a letter withdrawing the petition which she never did. USCIS seems to had never check the name and signature from the letter. They only admitted the reason for the revocation after repeated service request and calls.

What happened was I who is the beneficiary, mistakenly got bad advice and sent a letter to NVC asking them to temporarily withdraw the petition thinking it was needed to apply for a non immigrant visa. I was 17 at the time and the case was already at the National Visa Canter since they sent out forms to me. I only returned the choice of agent. I at the moment as well wasn’t ready to migrate. Did not know i could have just kept contacting NVC once a year.

Correct me if I am wrong, Under US Law, only a petitioner can withdraw an approved I-130. My mom never sent any withdrawal letter. USCIS was supposed to look at this upon the receipt of the petition returned to them from the National Visa Canter and issue a NOIR. She never got any. The case status online was and still stuck on September 2007, the Department of State sent us your case, Receipt Number EACxxxxxxx, for review. We are reviewing it, and will notify you by mail when we are done.

I am now over 21, 27 to be exact and still unmarried. My mom had filed for me in 2002 when she was an LPR and priority date had come current in 2005. After repeated service request at USCIS, they eventually admitted as to the reason why the case was revoked which wasin 2009. And no, my step father did not include me as a derivative beneficiary since they may have had no understanding of immigration law and those terms. She is now a US citizen.

Can this I-130 be reopened? If she refiles, it means having a new priority date and waiting years. Since finding out the reason for Revocation and no Notice of Intent to Revoke was ever sent, she has just opened a case with the USCIS ombudsman office and awaiting their response.

I can let her refile, but I read under immigration law, only if a petition was not revoked, then a priority date can be recaptured. Is this a USCIS error for not checking to see who sent a withdrawal letter? What are my options?