Withdrawal of Application

[MercyandBill 0]

Does anyone know what this means legally or what can be done about it?

My Fiancée was railroaded into signing a Withdrawal of Application on Feb.10 at her second interview at the Manila Embassy. Four other Fiancées where given the same treatment the same day and all signed the Withdrawal of Applications. All were given the same all day treatment by four separate investigators. This cannot be an isolated incident. They must be doing it to a lot of fiancées. My fiancée signed for completely bogus reasons and did not even read the papers that were given to her She said that she just wanted to get out of there so bad that she would have signed anything so I am not completely sure what she had signed. She is a simple farm girl from Eastern Samar and very sweet. She was to busy bawling when she came out of the interview to make much sense out of what she said.

I am absolutely furious about how they treated her.

Does anyone know what recourse we have and can she Withdraw her Withdrawal. They threatened her with her being investigated and possibly going to jail if they found anything and I asked her what she would go to jail for and she did not really know maybe she thought for filing for a Visa and I asked her where the jail was and she thought maybe it was in the back of the Embassy.

It is not right what they are doing and by what I can tell it is not correct by USCIS Guidelines also.

see;http://www.fletc.gov/training/programs/legal-division/the-informer/research-by-subject/miscellanious/aliencriminalwithoutconviction.pdf

In my fiancées case she committed no violation of the law but because of her kind and gentle nature she was talked into admitting to a crime she did not commit and I think they are doing this to a lot of Filipinos.

It says in the guidelines that an adequate definition of the crime must be explained in understandable terms including all essential elements and an explanation of the crime in understandable terms and neither of these were explained to her. I am not much for getting her off on a technicality when she did nothing wrong and the only ones that did anything wrong was the US Embassy. But it may help the many, many of others that are being railroaded I believe every day.

She had an over zealous interrogator that just wanted to get admissions no matter what it took.

If you have advice for us or you want to tell us of your experiences with the second interview. Or if your Fiancée got railroaded also please post it here. I have been doing a lot of research on this subject and I have found some interesting case law on the subject and I would like to hear your responses.

[gennyangel 3]

it just sad to hear that my friend. I hope you will find ways to resolve this problem or to find a way out

[johndecka 0]

"In my fiancées case she committed no violation of the law but because of her kind and gentle nature she was talked into admitting to a crime she did not commit"

What was that she admitted things she didnt do?

Did she received any paper from from CO/embassy?

This is the 1time hearing by Fiancees getting railroaded at the embassy by COs.

"I have been doing a lot of research on this subject and I have found some interesting case law on the subject"

Tell us abt whatwhat u found.

[JoenKate 0]

This is the first time I am ever hearing of anything like this. I do know they do not arrest anyone at the embassy and there is no jail on the premises.

Contact your congressman and ask their advice.

[♥ Teena♥ Joe♥ 0]

It's a very sad situation you have, its the first time I heard about this case, like they said ask for your congressman help. Hope you solve your problem.

[island_princess 2]

Call the embassy and asked what happened. Worst case, go to Pinas personally to ask about your case.

[Old Dominion 26]

You need to go yourself to the Embassy and find out the truth. There is more to it than she probably understands. The interview can be really intimidating to young women from the provinces, who have lttle or no experience in answering personal questions with a confident attitude.

[MercyandBill 0]

Actually I did go to the Embassy. I was there when the interview took place and they would not even talk to me. I went to my Senators office when I got back and was told by an aid that he would not get involved. I think it was just a stupid aid and I will not stop trying to get their attention. This is just the start.

The charge that they tried to make stick was prostitution. She has been with only 4 men in her life and I am one of them and she gave the names and locations of 3 of us. If she was a prostitute she was the most unsuccessful one in history. They were fishing very hard in the interview and if they didn't come up with this they would have pinned something else on her.

I was sitting with an US Attorney in the waiting room all day. He was representing one of the other Fiancees and he told me that the process is all about finding reasons to deny and not reasons to accept.

He said he had worked for the Embassy in the past and he knew some of the people and he would talk to some of them as they passed by while we were waiting. His Client was railroaded also and he told me in advance that that would happen.

Thanks for all of your concern,

Mercy and Bill

[MercyandBill 0]

oh.... one more thing; They did not give her a copy of anything even though they typed up four pages of something and had her sign it they did not give her a copy of anything. I am not sure they will ever give her a copy except maybe her Withdrawal of Application and I understand her passport back in 6 to 12 months with a big US visa denied stamped in it. I might get back some information through my Congressman. But I am not sure I will get a copy of the statement she signed which is what we really need to fight this thing.

[childress_london 3]

The more stories I see like this the more I'm convinced that our embassies are becoming corrupt. They seem to have too much power and not enough oversight and are beginning to take advantage. I hope that anyone who has such negative experiences writes and contacts every person they can who has political power (including the President) to alert them to this situation. It's not always the beneficiary's fault to be treated this way.

[edp333 9]

I think your best action would be to consult an immigration attorney familiar with this type of situation.

[Loolie 56]

i think your fiance was put to fraud unit where a filipino staff will interview her or interrogate her about your relationship...if its true or not.

maybe because of being a farm girl she wasnt able to answer some questions of the co so she sent her to fraud unit..co doesnt have so much time to spend on one applicant if they are not satisfied with the answers of the applicant...its either you will have to send additional documents or will be sent to fraud..thats it.

the papers that she signed was all the questions and answers they did between her and the person who interviewed her...its a sworn statement that all the things she said or answered is true...that if she is lying she will have no visa for life...fraud application leads to no visa for life or go to jail i guess..

i am not sure about signing a withdrawal of petition..but i heard about that to some other vj members here that they was told to just withdraw the petition because the chances of being approve is very small or less hehehhehe..or in short it wont get approve.

if she ever signed any paper saying to withdraw the petition well she should not have done that because the interviewer is just testing her if she really is sure about you i mean if she really loves you..i guess.

ive been to fraud too and they really say things or scare you that if you are not telling the truth you will go to jail blah blah blah...or you be denied...blah blah blah...

if shes done with the interview in fraud unit they will process your application meaning they will make an investigation about your case and if they are done with it they will forward your application to immigrant visa unit to decide if its approve or not...if ever she didnt sign any withdrawal of application.

thats it....God bless you so much.

[belovedbyme 0]

Oh my god! This is so weird. I actually met one filipina from Manila during my medical. She lives in Novaliches and during her interview she was sent to FPU for further investigations.It took her 2hrs. inside the room with the flipina CO. It was intimidating . The next interview was set again the white CO told her that her fiance was convicted of something and drug use long time ago and that he hit his step-son. She answered I didn't know it. The CO let her sworn and answered 2-4 pages of questionnaire explaining how you met and when and where and then wanted her to sign the withdrawal of petitions and assure her that next petition will be better than being with her fiance whom she didnt have any idea who he really was. She back out in short. I never heard anything from her since then.

I hope there is a way to resolve that issue. It is so unfair for your part. You can appeal in NVC in that case to explain your part. Calling Pushbrk......he has a lot to say about this I guess. God bless!

[Loolie 56]

petitioner having records about drugs or hitting a step son is ok as long as its already cleared...unless if the petitioner is a sex offender then thats a hard core..hehehehhe..

[belovedbyme 0]

Yes, sex offender is hard hehehe.I guess the petitioner never tell the filipina about his past. She was expecting to get an approval .