case sent back

[RalphandHanh 1]

So I got an email this morning that my case is being send back to the US. What exactly happens now? Will I get a chance to go to Vermont with all my evidence and meet with someone? If they re-approve my petition, does Hanh have to do another interview? Can my congressman help get this case heard quicker if he is involved? As much information would help. Thanks

[What's next 1]

Sorry to hear the bad news. My understanding was if the case got sent back, there is little you can do to revive it. I guess you still have to option to re-present your case, but your case will get lost in the shuffle. my advise is to cancel your current case and refile. It's probably they quickest route to another interview.

[Dave_Thao 0]

Ralph, Sorry to hear that.

Ours was sent back in Dec 2006 and in May 2007 CSC told me the petition had expired and they won't adjudicate it. They told me I may file a new petition. I filed a new one in June 2007 and Thao was home with me in May 2008. I am not sure what Vermont does with returned cases. CSC has let them expire. Vermont may give you the opportunity to rebut the consulate's finding so I would continue to gather evidence and prepare for an appeal. Your case will be sent to NVC and then to Vermont. Your congressman or Senator is a good source for tracking the case from HCMC to Vermont and obtaining status.

Hang in there. It isn't over, just delayed.

[RalphandHanh 1]

Ralph, Sorry to hear that.

Ours was sent back in Dec 2006 and in May 2007 CSC told me the petition had expired and they won't adjudicate it. They told me I may file a new petition. I filed a new one in June 2007 and Thao was home with me in May 2008. I am not sure what Vermont does with returned cases. CSC has let them expire. Vermont may give you the opportunity to rebut the consulate's finding so I would continue to gather evidence and prepare for an appeal. Your case will be sent to NVC and then to Vermont. Your congressman or Senator is a good source for tracking the case from HCMC to Vermont and obtaining status.

Hang in there. It isn't over, just delayed.

I'm already in touch with my congressman and an assemblyman. I'm working on someone that I think knows the congressman personally. It might help. I don't know now. If I have to refile, I'm going over for a month or so and get married and will file that way.

[payxibka 10,045]

Ralph, Sorry to hear that.

Ours was sent back in Dec 2006 and in May 2007 CSC told me the petition had expired and they won't adjudicate it. They told me I may file a new petition. I filed a new one in June 2007 and Thao was home with me in May 2008. I am not sure what Vermont does with returned cases. CSC has let them expire. Vermont may give you the opportunity to rebut the consulate's finding so I would continue to gather evidence and prepare for an appeal. Your case will be sent to NVC and then to Vermont. Your congressman or Senator is a good source for tracking the case from HCMC to Vermont and obtaining status.

Hang in there. It isn't over, just delayed.

It is current practice of the USCIS to do nothing with returned case files... They simply let them expire, I doubt they even look at them to see the reason for the return, even if it was returned in error.

[RalphandHanh 1]

Anyone have experience with Vietnam sending back to Vermont? My attorney seems to think they will hear me when the case comes up.

[hope2018 25]

Try K3 I think that would be faster just my thoughts.

[chuckandkim 0]

Contact M.E. to have a meeting with Consulate Officer in HCMC. Will cost you a fee, but he may or may-not stop the return of your case to USCIS. It's worth a try! M.E. is a lawyer who is working in HCMC, he's been very helpful and instrumental to a lot of VJers in the past. Search for his number on this board.

[RalphandHanh 1]

Contact M.E. to have a meeting with Consulate Officer in HCMC. Will cost you a fee, but he may or may-not stop the return of your case to USCIS. It's worth a try! M.E. is a lawyer who is working in HCMC, he's been very helpful and instrumental to a lot of VJers in the past. Search for his number on this board.

Thanks, I know all about M.E. - Mixed reviews and results. I may have a line with a congressman in NJ. Will know in a day or two.

[sunny_vn00 0]

Contact M.E. to have a meeting with Consulate Officer in HCMC. Will cost you a fee, but he may or may-not stop the return of your case to USCIS. It's worth a try! M.E. is a lawyer who is working in HCMC, he's been very helpful and instrumental to a lot of VJers in the past. Search for his number on this board.

Thanks, I know all about M.E. - Mixed reviews and results. I may have a line with a congressman in NJ. Will know in a day or two.

HI RAlphandHanh, Sorry to heard about your case, I know how much painful from case being sent back to US. I was on that trouble in 2006. You can refile K1 or can do get married and do K3 visa but you should fight for old petition too.

Hope everything go well for you.

Sunny

[Old Dominion 26]

Unfortunately, the congressman can't reverse a decision made by the consulate. In fact there is no avenue of quick appeal. What was the reason for the denial?

The best approach is to marry and file for the appropriate visa.

[chuckandkim 0]

Point well taken regarding M.E. As any lawyer, you win some, lose some cases. Especially when the clients lies.

did they send your case back? If they did, then K3 Visa is your option if you don't want to waste the time to fight it out with USCIS

Don't get mixed up with "delay vs. denied"

[RalphandHanh 1]

It has not been sent back yet. I'm in contact with my state senator who is going to help monitor what's going on so that the case doesn't sit somewhere and expire. The person at his office told me that this is very common and he thinks that by them getting in contact with the embassy on my behalf will help. The embassy will see that my senator, who has been in office for my state in D.C. for a Long time, is watching the case. My contact said sometimes that's enough to shake them up a bit. Who knows. Right now, I don't know who or what to believe. Every case is different and I can't seem to go by what I'm hearing or reading from anyone. I will take the next steps with God leading the way. I take it day by day.

[David-Hien 11]

Contact M.E. to have a meeting with Consulate Officer in HCMC. Will cost you a fee, but he may or may-not stop the return of your case to USCIS. It's worth a try! M.E. is a lawyer who is working in HCMC, he's been very helpful and instrumental to a lot of VJers in the past. Search for his number on this board.

At first, I would like to say "CONGRATULATION" for you success in documents for your wife, chuckandkim.

Second, I don't know what happened in VN but I introduced one couple to M.E. They got white sheet, the VN office of M.E. required them for $8,000. What a help? Then they phoned M.E. again, M.E. asked them to go through another VN office. This time, this VN office quoted them $2,000. Somebodies took advantage of M.E.

Just a reminder for you to know when you come to M.E. You should go directly. Please send email directly to him and should talk to the office in USA first.

Good luck.

Edited December 23, 2008 by Hien

[Dakine 26]

It has not been sent back yet. I'm in contact with my state senator who is going to help monitor what's going on so that the case doesn't sit somewhere and expire. The person at his office told me that this is very common and he thinks that by them getting in contact with the embassy on my behalf will help. The embassy will see that my senator, who has been in office for my state in D.C. for a Long time, is watching the case. My contact said sometimes that's enough to shake them up a bit. Who knows. Right now, I don't know who or what to believe. Every case is different and I can't seem to go by what I'm hearing or reading from anyone. I will take the next steps with God leading the way. I take it day by day.

When my first K1 was denied my senator was able to find out right away why it was denied. That was before it was sent back. I sent additional evidence to the embassy but it didn't do any good. If you don't get them to change their decision while it's still at the embassy you are basically "toasted". I cancelled mine and started over once it was sent back to USCIS.

Hopefully you can do better!