Clarification on IMBRA Recall

[Buttons 0]

Thank you Ionescu. I think I can sleep tonight. This is sickening.

[Himaya Ko 0]

Praise God. Thanks for the update.

For those who have NOA1 dates March 6 and later, I pray this horrible law will not delay your petitions too long. One day is too long in my view.

[aussiewench 9]

who knows what's going on.. we can only speculate... but.. if this law is in effect and interviews are being cancelled for no reason, well then you can write your congressmen(or women) letters.. via FedEx... but.. if this law is implemented properly, I have no problem with waiting a little extra time if it means that there are more stringent background checks on USC's for abuse/violent crimes.. I'd rather wait than have another woman beaten...

easy for you to say icey... 1) because you're a woman 2) because you don't have your NOA2. For those of us who are men, and have an interveiw date... I don't think we feel the same way, especially since I have no crminal record, have served in the military, and currently work on a military installation. My TS clearance is enough proof of that. This is just more #######. PERIOD.

roi

Gender has nothing to do with the IMBRA

More detailed info on IMBRA

Edited May 12, 2006 by aussiewench

[*Robert* 2]

roi

Gender has nothing to do with the IMBRA

More detailed info on IMBRA

Well that's good to hear... i think!

And they get paid to write ####### like that?!!!

[aussiewench 9]

roi

Gender has nothing to do with the IMBRA

More detailed info on IMBRA

Well that's good to hear... i think!

And they get paid to write ####### like that?!!!

lol they sure do

[jordanianprincess 0]

who knows what's going on.. we can only speculate... but.. if this law is in effect and interviews are being cancelled for no reason, well then you can write your congressmen(or women) letters.. via FedEx... but.. if this law is implemented properly, I have no problem with waiting a little extra time if it means that there are more stringent background checks on USC's for abuse/violent crimes.. I'd rather wait than have another woman beaten...

easy for you to say icey... 1) because you're a woman 2) because you don't have your NOA2. For those of us who are men, and have an interveiw date... I don't think we feel the same way, especially since I have no crminal record, have served in the military, and currently work on a military installation. My TS clearance is enough proof of that. This is just more #######. PERIOD.

This law is gender neutral!!!!!!!!! It affect men AND women. I agree with Icey. This law does protect people or at least give them option to protect themselves. No one is saying that anyone here is a criminal. There are people that do this fraudulently. There are people that are sexual predators. There are people with domestic violence backrounds.

If it was your daughter or son in the other country I think they should have the right to know!!!! That said....they need to find a way to implement this law better. I don't think they should be recalling petitions now, there are better ways to deal with implenting this law.

[ngant17 1]

My NOA is dated 21 Mar 06. I don't know where it says NOA1 or NOA2 on the form I-797, but my timeline would put it as NOA2. It's valid from 21 Mar to 20 Jun. Can I expect delays? What should I do if I don't get any info from either DHS/CIS or my fiancee during that time (i.e., paperwork to finish the visa)?

I don't want to call the customer service number as I understand it is sometimes an exercise in futility.

What's the best way to get more information of current status, I have checked my portfolio on the CIS site but it's the same as when my NOA was issued on 21 March.

[jordanianprincess 0]

My NOA is dated 21 Mar 06. I don't know where it says NOA1 or NOA2 on the form I-797, but my timeline would put it as NOA2. It's valid from 21 Mar to 20 Jun. Can I expect delays? What should I do if I don't get any info from either DHS/CIS or my fiancee during that time (i.e., paperwork to finish the visa)?

I don't want to call the customer service number as I understand it is sometimes an exercise in futility.

What's the best way to get more information of current status, I have checked my portfolio on the CIS site but it's the same as when my NOA was issued on 21 March.

I believe you are just fine. This should only apply to those who got their NOA1 (initial filing reciept) on or after March 6.

[mrswooten4ever 0]

OK not to sound mercenary here, but aren't we still affected? You guys, by rights, should have interviews before us so if they halt our process to get your interviews in...aren't we getting pushed back. TRUST ME - I KNOW you are all getting the short end of the stick thanks to DHS but I'm still not 100% comfortable with this for all of us.

I still feel so angry for you elwintro!

Thanks. By the time I'd heard from the embassy again, I had already come

to terms with the situation and was thinking up all sorts of backup plans so

I could break the news to my fiancee and not have her fall completely to

pieces.

I'm a bit stressed out right now by it, but I don't care anymore. Everything

is still going ahead as planned, so I'm more than happy.

As for everyone else being affected, I'd say yes: there are going to be delays

to case processing times because of these new security checks. It still stinks.

Congress really needs to review the immigration situation. It's a completely

unfair system that's only being made worse.

Good luck to all still waiting for approvals.

When will you know for sure if your interview is confirmed or not? London is a very easy Embassy to go through my interview was so easy and pleasant. Hope this helps aleviate some of your stress

Adele

[Neya 0]

Well after reading everything I have come to the conclusion that this will be a very long process for me.

I just got my NOA1 and was hoping for a fast reply. Its ashame a few bad people make it aweful for the rest of us.

I was hoping to have my honey here by the end of the year but now.......

[elwintro 0]

When will you know for sure if your interview is confirmed or not? London is a very easy Embassy to go through my interview was so easy and pleasant. Hope this helps aleviate some of your stress

Adele

The guy I spoke to confirmed it for me. In fact, he confirmed it about three

times because I was just so freaked out from his first phone call in the

morning that I kept asking him over and over if he was sure. I believe him

because he knew very specific details about my case which he couldn't

have known unless he was on the inside in some position of authority

with access to my documents. He even went over what forms I needed to

bring, making sure I was ready to go, and he checked to see if my medical

results had arrived (they hadn't - must phone Knightsbridge Doctors today).

I don't know what's going to happen with everyone else whose appointments

got cancelled. Perhaps they'll just be rescheduled and sent a letter. I think I'm

something of an exception because I really need to be in America ASAP.

[GaryC 7]

I posted this in another thread but I also wanted to post it here.

I just read the whole law, god I have a headache!, and although I am not a lawyer this is what I think I have found. The law has a few things that affect most of us.

1. If the USC has filed more than one petition prior to the one being adjudicated then his/her info is put into a database.

2. There is a 2 year waiting period for a 3rd petition after the filing of a second one.

3. If you met in any way OTHER than an international marriage broker then a special backround check isn't done. If you did meet via a broker then the USC must submit his backround before personal info of the alien party may be given to the USC. The broker must also do a check of the Sex offenders registry and provide that info to the alien.

This is from the law:

(iii) The Secretary of Homeland Security shall provide

to the Secretary of State any criminal background

information the Secretary of Homeland Security possesses

with respect to a petitioner under subsection

(d) or ® of section 214 of such Act (8 U.S.C. 1184).

The Secretary of State, in turn, shall share any such

criminal background information that is in government

records or databases with the K nonimmigrant visa

applicant who is the beneficiary of the petition. The

visa applicant shall be informed that such criminal

background information is based on available records

and may not be complete. The Secretary of State also

shall provide for the disclosure of such criminal background

information to the visa applicant at the consular

interview in the primary language of the visa

applicant. Nothing in this clause shall be construed

to authorize the Secretary of Homeland Security to

conduct any new or additional criminal background

check that is not otherwise conducted in the course

of adjudicating such petitions.

Note the last sentence. No special checks are done by the DHS.

I could not find anything that says the petitioner must submit his/her own police check with the petition.

If you were introduced through a International marriage Broker then a whole bunch of stuff applies there.

Your fiance will also be asked how you met. If he/she says anything about a marriage broker then they must provide evidence that they were informed of the USC's criminal history regarding sex offences, violent crimes and more than 3 drug/alcohol convictions.

This is also what I found in regard to International Marriage Brokers:

REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND

INFORMATION.—

(A) IN GENERAL.—

(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—

Each international marriage broker shall search the

National Sex Offender Public Registry or State sex

offender public registry, as required under paragraph

(3)(A)(i).

(ii) COLLECTION OF BACKGROUND INFORMATION.—

Each international marriage broker shall also collect

the background information listed in subparagraph ( B )

about the United States client to whom the personal

contact information of a foreign national client would

be provided.

( B ) BACKGROUND INFORMATION.—The international

marriage broker shall collect a certification signed (in written,

electronic, or other form) by the United States client

accompanied by documentation or an attestation of the

following background information about the United States

client:

(i) Any temporary or permanent civil protection

order or restraining order issued against the United

States client.

(ii) Any Federal, State, or local arrest or conviction

of the United States client for homicide, murder, manslaughter,

assault, battery, domestic violence, rape,

sexual assault, abusive sexual contact, sexual exploitation,

incest, child abuse or neglect, torture, trafficking,

peonage, holding hostage, involuntary servitude,

slave trade, kidnapping, abduction, unlawful

criminal restraint, false imprisonment, or stalking.

(iii) Any Federal, State, or local arrest or conviction

of the United States client for—

(I) solely, principally, or incidentally engaging

in prostitution;

(II) a direct or indirect attempt to procure

prostitutes or persons for the purpose of prostitution;

or

(III) receiving, in whole or in part, of the proceeds

of prostitution.

(iv) Any Federal, State, or local arrest or conviction

of the United States client for offenses related to controlled

substances or alcohol.

(v) Marital history of the United States client,

including whether the client is currently married,

whether the client has previously been married and

how many times, how previous marriages of the client

were terminated and the date of termination, and

whether the client has previously sponsored an alien

to whom the client was engaged or married.

(vi) The ages of any of the United States client’s

children who are under the age of 18.

(vii) All States and countries in which the United

States client has resided since the client was 18 years

of age.

Now, all this applies if you went through a marriage broker. I don't see where it applies if you met any other way. In the definition of International marriage Broker I don't see how it applies to Yahoo personals or any of the other online dating services unless it is specifically geared to international dating.

Here is the law on that:

INTERNATIONAL MARRIAGE BROKER.—

(A) IN GENERAL.—The term ‘‘international marriage

broker’’ means a corporation, partnership, business, individual,

or other legal entity, whether or not organized

under any law of the United States, that charges fees

for providing dating, matrimonial, matchmaking services,

or social referrals between United States citizens or

nationals or aliens lawfully admitted to the United States

as permanent residents and foreign national clients by

providing personal contact information or otherwise facilitating

communication between individuals.

( B ) EXCEPTIONS.—Such term does not include—

(i) a traditional matchmaking organization of a

cultural or religious nature that operates on a nonprofit

basis and otherwise operates in compliance with the

laws of the countries in which it operates, including

the laws of the United States; or

(ii) an entity that provides dating services if its

principal business is not to provide international dating

services between United States citizens or United

States residents and foreign nationals and it charges

comparable rates and offers comparable services to

all individuals it serves regardless of the individual’s

gender or country of citizenship.

Notice the last paragraph. It lets the web dating services off the hook.

This is just my own interpretation of the law. I AM NOT A LAWYER!! But I think I managed to get my brain wrapped around it. Anyone that would like to modify or differ with my summery please feel free.

From what I can tell if you didn't meet through a broker then nothing should change. They should not send your petition back for more checks or cancel interviews unless you stated you met through a broker.

Edited May 12, 2006 by GaryC

[silverbutterfly228 0]

ok so i havent bee on this site in a few days and to come on and here about this new law. I almost mad a heart attack. good thing my noa1 is before march 6th. this law is bull. i feel sorry for everyone going through after march 6 especially CSC and TSC. 3 or 4 months is long enough wait as it is. now it could be months more. How u find out if ur case is affected? some state they have been affected before the march 6th date. grrr. another mess to deal with

[Sinergy 3]

When will you know for sure if your interview is confirmed or not? London is a very easy Embassy to go through my interview was so easy and pleasant. Hope this helps aleviate some of your stress

Adele

The guy I spoke to confirmed it for me. In fact, he confirmed it about three

times because I was just so freaked out from his first phone call in the

morning that I kept asking him over and over if he was sure. I believe him

because he knew very specific details about my case which he couldn't

have known unless he was on the inside in some position of authority

with access to my documents. He even went over what forms I needed to

bring, making sure I was ready to go, and he checked to see if my medical

results had arrived (they hadn't - must phone Knightsbridge Doctors today).

I don't know what's going to happen with everyone else whose appointments

got cancelled. Perhaps they'll just be rescheduled and sent a letter. I think I'm

something of an exception because I really need to be in America ASAP.

I dont really think it was made an exception, i mean, all our loved ones REALLY need to be in America ASAP. The fact that your NOA1 is BEFORE march 6 is what got you to keep your interview. My congressman said they were cancelling petitions left and right, and he was getting calls on this, and when he inquired about it, the embassies did NOT understand what was fully going on (thats sad), and were canceling petitions. I would hope most of the embassys now have the knowledge that any petition before March 6 is ok to go onto the interview without delays or problems. Glad to see your still on for your interview.

[Aquelunya 0]

When will you know for sure if your interview is confirmed or not? London is a very easy Embassy to go through my interview was so easy and pleasant. Hope this helps aleviate some of your stress

Adele

The guy I spoke to confirmed it for me. In fact, he confirmed it about three

times because I was just so freaked out from his first phone call in the

morning that I kept asking him over and over if he was sure. I believe him

because he knew very specific details about my case which he couldn't

have known unless he was on the inside in some position of authority

with access to my documents. He even went over what forms I needed to

bring, making sure I was ready to go, and he checked to see if my medical

results had arrived (they hadn't - must phone Knightsbridge Doctors today).

I don't know what's going to happen with everyone else whose appointments

got cancelled. Perhaps they'll just be rescheduled and sent a letter. I think I'm

something of an exception because I really need to be in America ASAP.

I dont really think it was made an exception, i mean, all our loved ones REALLY need to be in America ASAP. The fact that your NOA1 is BEFORE march 6 is what got you to keep your interview. My congressman said they were cancelling petitions left and right, and he was getting calls on this, and when he inquired about it, the embassies did NOT understand what was fully going on (thats sad), and were canceling petitions. I would hope most of the embassys now have the knowledge that any petition before March 6 is ok to go onto the interview without delays or problems. Glad to see your still on for your interview.

When you say cancelling petitions...do you mean we start from scratch, its all no good? This is a very scary thought!!!!