A lawsuit against US COnsulate (in addition to USCIS)

[gogo 6]

but did you know it is the AMERICAN consulate at that particular place.. so they report to the Dept of State.. I'm not going after the small fry this time.. the lawsuit last time (and this time) was/is going against the USCIS director as well as his staff.. I forgot, the lawsuit named a bunch of people (including the district attorney that represents them).. I have to look it up again in my email.. and well, this will be the first time you see someone fight against a consulate.. I need to find the consulate leader's name too so I can name them in the lawsuit..

here's more on the "lawsuit" if you are not familar..

http://www.visalaw.com/05feb3/2feb305.html

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

http://usaimmigrationattorney.com/Security...tiveReview.html

even though the document says it might result in a "favorable" decision, I'm still going to try a second time.. the first time it was because I had a letter from the FBI stating I had no security checks.. a letter sent to my house from FBI Records Management Chief.. and they are the ones doing the so-called security checks.. so there was absolutely no way I could lose.. We also didn't take it all the way to court.. they got 60 days, and approved it on the 58th day.. (received fax from lawyer)..

People we "complained" (filed a lawsuit) against..

Michael Mukasey, Attorney General

Michael Chertoff, Secretary of Dept of Homeland Security

Emilio Gonzalez, Director of USCIS (Jack Scharfen now)

Christina Poulos, Acting Director

California Service Center

Jane Arellano, Director (Los Angeles District Office) - "local office where supposedly my case was held all this time"

this time there will be more.. at least one more =) Director of Guangzhou Consulate and his lackeys..

found him!

http://guangzhou.usembassy-china.org.cn/consul_general.html

Consul General Robert Goldberg

and others..

http://guangzhou.usembassy-china.org.cn/contact.html

Edited June 17, 2009 by gogo

[jab1976 0]

GOGO WHY IS YOUR CASE STILL STUCK AT THE EMBASSY? WHAT IS THE EMBASSY SAYING ABOUT YOUR CASE? AND HAVE THEY GIVEN YOU A DEADLINE AS TO WHEN WILL THEY ISSUE YOUR WIFE HER VISA? I HAVE ALREADY FILED MY WOM ON KI FIANCEE VISA, AND I AM CURRENTLY WAITING FOR THE US ATTORNEY''S OFFICE RESPONSE.

[gogo 6]

haha, it's all in my story.. basically they said they were "ready to issue" the visa (told her that during the interview), but at the last moment, she had a "name check".. (does that sound familar in my story??).. While I was still there for another 2 weeks, I went to the ACH twice and they told me the same story.. as you can see, I don't believe in "name checks" taking that long.. even the FBI admit they take no more than 72 hours on most name checks.. (fine, then give them a whole month to finish the harder ones).. anyway, our interview was over 2 months ago, so something is wrong with them.. I wrote emails to the consulate every week (more than once, of course), and they reply "she is under administrative processing.. we are unable to issue the visa until all ineligibilities are finished checking".. I called DOS (Dept of State), and they told me the same thing.. one person told me that "it looks positive, and it is just a minor problem".. all lies from them.. and now the last 3 emails they don't respond to me anymore.. (since last week).. Also, my lawyer has been pushing them too with inquiries, and she said this morning that they didn't receive a response either.. and they continue to give the same BS ("every case is different so we don't know how long it will take"..)

now I am planning to do another lawsuit, but the lawyers say to wait at least 6 months (October 2009?) otherwise they will just dismiss it because they can say that we are still under the "adjudication period".. so haha, at least I have a good lawyer who doesn't want my money now..

Edited June 17, 2009 by gogo

[sara..... 371]

you have have been fighting against a system that is broken, and it seems they like to drag out what they should do for you just to watch you suffer, as i have told u before ur in our daily prayers.......good God there should be some way to make this system accountable for the mess they make out of peoples life!!!!!!!!!

i have to tell u seeing ur strength and ur determination has really helped perviz and i keep plugging along thank you

sara

[gogo 6]

thank you sara =0 it helps a lot.. but it seems I may have to give in (move back to China) soon.. haha, I didn't say give up.. we will just wait our application out to see what happens.. at least we will be together in doing so.. I sacrifice a good job here (and don't have a job set up there either) and my parents are over here too.. :crying:

[sara..... 371]

thank you sara =0 it helps a lot.. but it seems I may have to give in (move back to China) soon.. haha, I didn't say give up.. we will just wait our application out to see what happens.. at least we will be together in doing so.. I sacrifice a good job here (and don't have a job set up there either) and my parents are over here too.. :crying:

i know exactly what u are going thru as soon as i get clearance to fly from the doctor we are planning to move to india marry and file from there, at first money was an issue but now it is not thanks of God, but it means i have to give up college ( 2 years left), move my mom and smaller sisters and brother there cuz my mom is sick and on her bad days i help take care of her and help her with the smaller kids.........i tell u what this stupid immigration stuff really can destroy families. They put a burden on us that is not fair, and is very unjust........if there was a reason for all this security ####### in our case i would happily set back and say ok i can wait this out but there is not. meh i better stop before i fill two pages with my complaints and thoughts about csc, and the immigration as a whole.

sara

[gogo 6]

there's another good thing about moving back.. we get another chance to file again.. DCF (Direct Filing).. hopefully that should work out better.. you always need to think of the positive as well as the negative side of things..

Edited June 17, 2009 by gogo

[Mike and Yan 0]

It really sucks that they put you so hard against the wall.

There is a legit answer for all the delay, and all they have to do is fess up.

I really can not believe that they can just sit and spew such rhetoric for this amount of time.

It's not right that they dawdle for so long on a ludicrous thing like 'admin processing'

I think you are doing the right thing and I hope that you can be awarded damages.

[OKIE2 0]

It really sucks that they put you so hard against the wall.

There is a legit answer for all the delay, and all they have to do is fess up.

I really can not believe that they can just sit and spew such rhetoric for this amount of time.

It's not right that they dawdle for so long on a ludicrous thing like 'admin processing'

I think you are doing the right thing and I hope that you can be awarded damages.

How about see if your lawyer can get a senet hearing I'm sure he could find plenty others to go with you to DC

and raise hell about the whole screwed up mess we have to put up with. But again where does most of our problems come from other that Washingto D C. I wrote to my congressman and sentor back in first of march and have not heard a word yet from either of them.

[AlanM 1]

but did you know it is the AMERICAN consulate at that particular place.. so they report to the Dept of State.. I'm not going after the small fry this time.. the lawsuit last time (and this time) was/is going against the USCIS director as well as his staff.. I forgot, the lawsuit named a bunch of people (including the district attorney that represents them).. I have to look it up again in my email.. and well, this will be the first time you see someone fight against a consulate.. I need to find the consulate leader's name too so I can name them in the lawsuit..

here's more on the "lawsuit" if you are not familar..

http://www.visalaw.com/05feb3/2feb305.html

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

http://usaimmigrationattorney.com/Security...tiveReview.html

even though the document says it might result in a "favorable" decision, I'm still going to try a second time.. the first time it was because I had a letter from the FBI stating I had no security checks.. a letter sent to my house from FBI Records Management Chief.. and they are the ones doing the so-called security checks.. so there was absolutely no way I could lose.. We also didn't take it all the way to court.. they got 60 days, and approved it on the 58th day.. (received fax from lawyer)..

People we "complained" (filed a lawsuit) against..

Michael Mukasey, Attorney General

Michael Chertoff, Secretary of Dept of Homeland Security

Emilio Gonzalez, Director of USCIS (Jack Scharfen now)

Christina Poulos, Acting Director

California Service Center

Jane Arellano, Director (Los Angeles District Office) - "local office where supposedly my case was held all this time"

this time there will be more.. at least one more =) Director of Guangzhou Consulate and his lackeys..

found him!

http://guangzhou.usembassy-china.org.cn/consul_general.html

Consul General Robert Goldberg

and others..

http://guangzhou.usembassy-china.org.cn/contact.html

Did you ever find out the reason for such a long delay in approval/processing your I-130 petition?

[gogo 6]

we applied April 2007...oh, they transferred my case to the local office (Nov 2007), and I had a local office interview .. brought my parents too.. they heard the guy say you will get your approval within 2-3 weeks (Feb 2008).. I called back (of course) lots of times, and they said still pending.. so I hired lawyers in May 2008 and did the lawsuit in July 2008 (they have 60 days to come to a decision, and they answer on 58th day) and got approved Sept 2008.. supposedly that time they said we were under "background/security checks".. pretty much like this time again.. "name checks"... they are all the same.. I did the lawsuit the 1st time and got the approval.. so I figure a second time will be good too..

[MRStee 19]

It really sucks that they put you so hard against the wall.

There is a legit answer for all the delay, and all they have to do is fess up.

I really can not believe that they can just sit and spew such rhetoric for this amount of time.

It's not right that they dawdle for so long on a ludicrous thing like 'admin processing'

I think you are doing the right thing and I hope that you can be awarded damages.

I agree....

[anitacastillo 0]

I'm sorry that your visa journey has been hellish. As someone whose journey took 33 months from filing to visa for my husband, I know it sucks.

Name checks on the non-USC can take lots of time. Yes, the name can be run quickly through the system, but then to follow up on any possible name hits takes time. It is a manual, slow process for the DOS/USCIS to obtain the info and confirm that your spouse is not the "bad guy" with the same/similar name. Also, there are several agencies that need to clear the name. My husband is an honest man from a small town and his common Latino name lead to 11 months of name check clearance.

At least this is the last step and it sounds like the consulate believes your relationship and wants to issue the visa. However, they cannot until the DOS name check computer says okay.

There is more info (and others in a similar situation) in the Admin Review/Process section.

Keep your sanity!

[gogo 6]

######! We got more bad news..

We called the DOS (Dept of State) this morning to see about our case. They say as of last Thursday (6/18/2009), the case was put under a review by a consular officer and that we needed to file a waiver. The DOS person said that the consulate will contact her with further details. Does this mean she has been denied? They say we have to file a I-601 waiver.

I-601 Waiver << Download here>>

Purpose of the Form: For an alien who is ineligible to enter the United States to apply for a waiver of excludability.

Where do I file? (1) If you are not in the United States, file this application with the American embassy or consulate where you are filing for a visa. (2) If you are in the United States and are applying for status as a permanent resident, file with the local office having jurisdiction over your place of residence.