It's official our petition was returned to USCIS

[vicki/bala 0]

Just called DOS this morning and was told that our petition was returned to USCIS from Chennai Embassy, and that it would be around 4 months before we would receive a letter. She said at that point we could appeal. Got on my phone to senator and was basically told they have no power to do anything except to check on cases for us. He said their office was told that the case was sent to fraud division, and we needed to be patient and let them look at our proofs. I asked him "what proofs? the embassy wouldnt take any and refused to look at most of what my fiance had."... Everytime my fiance tried to give proof or say something he was given the same reply, "sir we dont believe you ".

So what does this mean for us now? Do we just wait patiently for a denial after waiting a year already? I have heard that even appeals are not successful most of the time.

Any info would be helpful.. Im so near to just giving up ..

Thanks

Vicki/bala

[samir_shannon 0]

have you gotten an attorney?

[Dean iWait 0]

Hire an attorney now!

[dwar49 0]

You definitly need a lawyer, GET ONE NOW!

[Donna A 4]

wow that really sucks. i just dont know how they can be so cold hearted.

[shirlJ831 0]

oh my gosh !!!! YES YES YES sweetie get yourself a lawyer asap

Edited July 14, 2006 by shirlJ831

[Yodrak 7]

donnaal,

It's the law?

Yodrak

wow that really sucks. i just dont know how they can be so cold hearted.

[Jaci 0]

donnaal,

It's the law?

Yodrak

wow that really sucks. i just dont know how they can be so cold hearted.

Is it Yodrak? Is it?

But seriously, I've been searching myself for what "the law" really is about petition returns. There are guidelines for returning petitions but in several cases I know of those guidelines are far from strictly followed, and sometimes not followed at all. I'm not sure if that would indicate that there actually ISN'T a law, only a suggestion, or maybe the law is there and is just being broken sometimes. There is a law about revoked petitions, (returned petitions are returned for the purpose of revoking them) and apparently "the law" may actually permit perfectly law abiding people to be treated as if they were found guilty of misrepresentation (although they may never have been actually found guilty of anything) and very severely penalized. 9 FAM 40.63.N10: “..If the petition is revoked, the materiality of the misrepresentation is established. "

I think the "guidelines" were probably issued because they needed to be, because the law was not being interpreted properly in some cases, and law suits might eventually arise as a result of the problem.

Vicki,

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

http://www.ilw.com/articles/2006,0323-ellis.shtm

The question is, how long will Nebraska take to turn your petition around? If you get sick of waiting you coud still get married, but you can't do it here. You also have to watch for the NOID that may or may not come in the next months or years. I don't know offhand if I've seen any reports about how NOIDS are issued (or if they're issued) from Nebraska, but I will look around.

If you still want to pursue the K-1, I can tell you that I believe keeping in touch with my representatives sped up the return process for us, and it might do so for you , too. Had we stuck with it we might have had a visa in oh, maybe 7 months after the return. (of course, the embassy sat on the petition a few months before they returned it, so if yours is definitely already returned, and Nebraska is running like texas, that might be a relatively good sign.)

I'm really sorry you're having this trouble. Hang in there, it does get better, but it does take time.

Keep accruing all your evidence of relationship. Go over with Bala all the things the CO said were problematic and write them down. That may be all the explanation of what happened you'll ever know.

Here's a repost from Ellis that might help you understand a little about what the next task at hand will be.

Consulates are supposed to issue a written denial laying out in detail the factual and legal basis for the denial. See the Feb. 2004 cable I've posted elsewhere.

Was the conoff correct about each fact as written in the denial? If not - pick each incorrect fact apart. You know a lot more about the facts of your case than any Federal adjudicator, CIS or DOS.

Was the consulate's legal basis correct? Like I've said elsewhere, I have seen a conoff use the labor certification-related ground of inadmissibility as a basis for recommending the revocation of an I-130.

Even if all the facts alleged by the conoff are true - are they relevant?

Even if they are all correct and relevant, do they rise to the level necessary

to justify denying the visa application?

For that stage of the analysis, look to the February 2004 cable to learn

what standards a conoff must meet before denying a family-based immigrant visa.

Even if they are all correct, relevant and rise to the level justifying the denial of the visa? Do they rise to the next level of justifying revoking the approved petition?

(On that part, it would be a good idea to at least consult an immigration attorney who is experienced in these type cases.)

Devote a section of your brief to proving your good faith toward your beneficiary.

Devote a separate section of your brief to proving his good faith to you.

Those are good starting off points.

Continue to accumulate evidence. Day-by-day. Emails, chat logs,

phone bills. There is a delay from the time the consulate sends the

petition back to the time you're notified by the Service Center.

Build your case during that time.

I have a client who overcame a consular denial by himself,

without legal assistance. But he is a very well-prepared

client. Not everybody can do that.

But once you read the denial, you may be surprised at how

much the conoff wrote down that is irrelevant or just plain wrong.

I had a case where a chief of Immigrant Visas at a consulate

got the family name of the beneficiary wrong.

Voila! A mistake like that is heaven-sent.

Good luck.

This post has been edited by ellis-island on Dec 1 2004, 03:11 AM

--------------------

Don't bet your whole future on what you read

on a message board or in a chat room.

This is not legal advice. No attorney-client relationship is intended.

You should not infer one.It's information of general applicablity.

Do not take any action without first consulting a qualified immigration attorney in greater detail.

John Marcus "Marc" Ellis, Attorney

American Immigration Lawyers (AILA)

membership number 10373