Questions on form I129-F / K1

[ellis-island 6]

the Homeland Security Act of 2002 (Sections 402 & 428) put DHS --- not DOS in charge of thee visa process. And lawyers have had success reaching DOS through suing DHS.

Fascinating... and without being branded as subversives?

DHS/USCIS is suable. They are essentially DOS's boss as far as supervising the visa process.

Mr. Ellis, this is the first that I had heard of this, despite months of deep Internet-searching last year as a result of having been hosed in Guayaquil. Can you please approach Captain Ewok with the idea of creating a pinned thread, in which you present some of this enlightenment and provide links or references?

Brar vs. DHS is a fun read.

Probably one of the few in this dreary process... how strongly does it serve as precedent? Is it under challenge for potential reversal?

Consular immunity is known as CNR to lawyers. Consular non-reviewability of visa decisions.

That's still in the law. I think it was mainly put there though to prevent foreign visa applicants

from having access to US courts. But now it means that not even US Citizen petitioners can sue

DOS over a visa refusal.

But in fact, now there is reviewability now, by DHS under the Homeland Security Act.

DHS can order a consulate to refuse a visa. It is required to train consular officers in

proper standards of adjudication. And as you see in the Brar case, it can probably do a lot more.

I'm not sure how much value it has as a precedent. But it's out there. Lawyers have been winning Mandamus

actions against consulates while suing DHS at the same time. But a Mandamus only gets you a decision.

It may not get you the decision you want.

Homeland Security Act of 2002

The term, "The Secretary" means Under Secretary for Border

Transportation Security

SEC. 402. RESPONSIBILITIES. (Note - check out (4)).

The Secretary, acting through the Under Secretary for Border

and Transportation Security, shall be responsible for the following:

(1) Preventing the entry of terrorists and the instruments

of terrorism into the United States.

(2) Securing the borders, territorial waters, ports, terminals,

waterways, and air, land, and sea transportation systems

of the United States, including managing and coordinating

those functions transferred to the Department at ports of entry.

(3) Carrying out the immigration enforcement functions

vested by statute in, or performed by, the Commissioner of

Immigration and Naturalization (or any officer, employee, or

component of the Immigration and Naturalization Service)

immediately before the date on which the transfer of functions

specified under section 441 takes effect.

(4) Establishing and administering rules, in accordance

with section 428, governing the granting of visas or other

forms of permission, including parole, to enter the United States

to individuals who are not a citizen or an alien lawfully

admitted for permanent residence in the United States.

(5) Establishing national immigration enforcement policies

and priorities.

(6) Except as provided in subtitle C, administering the

customs laws of the United States.

(7) Conducting the inspection and related administrative

functions of the Department of Agriculture transferred to the

Secretary of Homeland Security under section 421.

(8) In carrying out the foregoing responsibilities, ensuring

the speedy, orderly, and efficient flow of lawful traffic and

commerce.

---

SEC. 428. VISA ISSUANCE.

(a) DEFINITION.—In this subsection, the term ‘‘consular office’’

has the meaning given that term under section 101(a)(9) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(9)).

(b) IN GENERAL.—Notwithstanding section 104(a) of the

Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other

provision of law, and except as provided in subsection © of this

section, the Secretary—

(1) shall be vested exclusively with all authorities to issue

regulations with respect to, administer, and enforce the provisions

of such Act, and of all other immigration and nationality

laws, relating to the functions of consular officers of the United

States in connection with the granting or refusal of visas,

and shall have the authority to refuse visas in accordance

with law and to develop programs of homeland security training

for consular officers (in addition to consular training provided

by the Secretary of State), which authorities shall be exercised

through the Secretary of State, except that the Secretary shall

not have authority to alter or reverse the decision of a consular

officer to refuse a visa to an alien; and

(2) shall have authority to confer or impose upon any

officer or employee of the United States, with the consent

of the head of the executive agency under whose jurisdiction

such officer or employee is serving, any of the functions specified

in paragraph (1).

© AUTHORITY OF THE SECRETARY OF STATE.—

(1) IN GENERAL.—Notwithstanding subsection (b), the Secretary

of State may direct a consular officer to refuse a visa

to an alien if the Secretary of State deems such refusal necessary

or advisable in the foreign policy or security interests

of the United States.

(2) CONSTRUCTION REGARDING AUTHORITY.—Nothing in this

section, consistent with the Secretary of Homeland Security’s

authority to refuse visas in accordance with law, shall be construed

as affecting the authorities of the Secretary of State

under the following provisions of law:

(A) Section 101(a)(15)(A) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)(A)).

(B) Section 204(d)(2) of the Immigration and Nationality

Act (8 U.S.C. 1154) (as it will take effect upon the

entry into force of the Convention on Protection of Children

and Cooperation in Respect to Inter-Country adoption).

© Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration

and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).

(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and

Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).

(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and

Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).

Section 212(a)(3)© of the Immigration and Nationality

Act (8 U.S.C. 1182(a)(3)©).

(G) Section 212(a)(10)© of the Immigration and

Nationality Act (8 U.S.C. 1182(a)(10)©).

(H) Section 212(f) of the Immigration and Nationality

Act (8 U.S.C. 1182(f)).

(I) Section 219(a) of the Immigration and Nationality

Act (8 U.S.C. 1189(a)).

(J) Section 237(a)(4)© of the Immigration and Nationality

Act (8 U.S.C. 1227(a)(4)©).

(K) Section 401 of the Cuban Liberty and Democratic

Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public

Law 104–114).

Section 613 of the Departments of Commerce, Justice,

and State, the Judiciary and Related Agencies Appropriations

Act, 1999 (as contained in section 101(b) of division

A of Public Law 105–277) (Omnibus Consolidated and

Emergency Supplemental Appropriations Act, 1999); 112

Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended

by section 617 of Public Law 106–553.

[Wyld Blu 35]

Ok...this leads me to ask a question here. When we filed our I129, I totally forgot the airline tickets and chat logs I had collected over the years, but I did send a ton of pictures, I think would be hard to photoshop, with explainations of each. We met 3 different times, in three different locations. If they don't accept this as evidence, will they ask for more? Can I just send in more somewhere or should I try calling USCIS to risk getting 3 different answers? He is in Holland and I am a US natural born citizen, if that makes a difference.

I did send them copies of each page of my passport, showing stamps from Holland though.

Thanks!

Blu

[Bobby+Umit 161]

Ok...this leads me to ask a question here. When we filed our I129, I totally forgot the airline tickets and chat logs I had collected over the years, but I did send a ton of pictures, I think would be hard to photoshop, with explainations of each. We met 3 different times, in three different locations. If they don't accept this as evidence, will they ask for more? Can I just send in more somewhere or should I try calling USCIS to risk getting 3 different answers? He is in Holland and I am a US natural born citizen, if that makes a difference.

I did send them copies of each page of my passport, showing stamps from Holland though.

Thanks!

Blu

They may not send an RFE, since you have the passport copy. You will have to wait and see.

(I would, however, make sure the benificiary has that evidence for the interview, just in case)

[Ninotisha 0]

Hi everybody , ok i wanna ask if im did a bad step with DHS , with form I129-F/K . ok i expalin i took my interviewed more than month , and everything seems going good , and when co officer called me after 2 weeks to consulate at casablanca said me u have a seconed appointement , then she's statred asked me of new , good but in end show me all my eveidence proof especially mails proof and found a example application form I129-F i know this form can apply by us citzen my fiancee sent to me longtime when decide to apply it and forget it inside mail but it seems to me nothing bad just sent to me for know how we can put information about us that's all without anything wrong , co officer talked to me this application should not be here with mails proof i said her yes ur right and its just a example application have some information about us my fiancee sent to me longtime by mail to apply some information about me then not sent it back to her bcs gived her all information by net that's all then give me a paper say's we will return ur case to see by uscis especially dhs . i wanna know if im did a big mistake about that . plz somebody tell me don't worry about my case . and hope they are understanding me . thanks