UPDATE on Casa Interview

[Always+Forever 7]

ok...just called Casablanca...She said "we can not discuss anything about your case over the phone or email. USCIS will contact you to let you know why your case was sent back for review."

Monica

[KittyPollitt 284]

ok...just called Casablanca...She said "we can not discuss anything about your case over the phone or email. USCIS will contact you to let you know why your case was sent back for review."

Monica

*coughcough-BS-coughcough*

[msheesha 548]

http://www.visajourney.com/forums/topic/3896-returning-petitions-to-the-united-states-via-221g/page__view__findpost__p__3607554

Monica,

Not sure if that link works, but it's in the pinned thread. It was Kiyah's response to tany's post about being denied. It might help you cut through some of the other pages in the pinned thread. Anything from the senator?

[Always+Forever 7]

http://www.visajourney.com/forums/topic/3896-returning-petitions-to-the-united-states-via-221g/page__view__findpost__p__3607554

Monica,

Not sure if that link works, but it's in the pinned thread. It was Kiyah's response to tany's post about being denied. It might help you cut through some of the other pages in the pinned thread. Anything from the senator?

Well...congressman's office was USELESS...said they can't do anything right now...that the COs are protected from being contacted by the or something, so they can't affect their decision Writing up requests for the consular notes with the DOS & USCIS, which i found in Kiya's info...and the guy at the congressman's office said a letter should be generated that i should receive soon in regards to why our case was denied...doesn't sound like anything anyone has mentioned here...was hoping for more assistance...he said to call back if i get stuck & can't get info...HELLO...CAN'T GET INFO!!!! that's the reason why i called!!! So they can't stop it from coming back...will try Senator now...Inshallah THEY can do something!!

Monica

Note: Senator person not in till after 9am...go figure...that's been my luck!!!

Edited June 15, 2010 by HichaMonica

[sweetnsour 0]

Monica I am so so sorry that you are going through this. I know exactly how you feel because this happened to me and my husband. Please try to keep it at Casa I pray pray that this can turn around for you guys. I know you have already waited so long to be as a family...but be strong. I was not so lucky and our case was sent back to uscis and they took four months to let me know they had received it..and took them over a year to even touch it..and we are still waiting for news from Casa..insha allah things will turn out for you..please know if you need someone to talk too I am here.

[Always+Forever 7]

Monica I am so so sorry that you are going through this. I know exactly how you feel because this happened to me and my husband. Please try to keep it at Casa I pray pray that this can turn around for you guys. I know you have already waited so long to be as a family...but be strong. I was not so lucky and our case was sent back to uscis and they took four months to let me know they had received it..and took them over a year to even touch it..and we are still waiting for news from Casa..insha allah things will turn out for you..please know if you need someone to talk too I am here.

Thank u so much...from what i keep reading it seems like unless we can stop it at Casa (which my congressman's office said we can't...ugg) then it would probably be better to just go back and get married...since we would be waiting probably almost a yr to hear back anyway. Its so frustrating...atleast my daughter hasn't fully realized what's going on yet...I dread when she starts asking why she will see Hicham again...she has been so excited about us getting married so, as she says "when u marry my mom i can call u daddy"

[Miss smarty pants 84]

Well...congressman's office was USELESS...said they can't do anything right now...that the COs are protected from being contacted by the or something, so they can't affect their decision Writing up requests for the consular notes with the DOS & USCIS, which i found in Kiya's info...and the guy at the congressman's office said a letter should be generated that i should receive soon in regards to why our case was denied...doesn't sound like anything anyone has mentioned here...was hoping for more assistance...he said to call back if i get stuck & can't get info...HELLO...CAN'T GET INFO!!!! that's the reason why i called!!! So they can't stop it from coming back...will try Senator now...Inshallah THEY can do something!!

Monica

Note: Senator person not in till after 9am...go figure...that's been my luck!!!

Monica,

My case was sent back to USCIS in January. They STILL haven't notified me of why it was returned from the Consulate. The letter they did send me just stated the date they received it back for review and they will notify me when the review is complete or if they need anything else from me. I have sent three requests for the reason for the return and have been ignored. At this point, I am only able to guess the reasons based on what was actually said in the interview. Like you, I also found my congressional offices to be unhelpful. I'm sorry you are having to deal with this too.

[moroccogirlny 100]

I had been told our case would be reviewed within 18 months when our 1st case got denied and returned to the VSC, that never happened. K1's are not a priority to them. And I know of a married couple that were waiting for a review over 2 years and still nothing.

[msheesha 548]

Monica,

This member was someone who had her case stopped from being returned to USCIS from Casa. As I remember, they denied and said they were going to return it and she bombarded them with info about why they shouldn't deny it. If you go through her posts, and/or pm her, you might get some ideas.

http://www.visajourney.com/forums/user/40373-oliveh/

[Vanessa1 7]

Monica,

My case was sent back to USCIS in January. They STILL haven't notified me of why it was returned from the Consulate. The letter they did send me just stated the date they received it back for review and they will notify me when the review is complete or if they need anything else from me. I have sent three requests for the reason for the return and have been ignored. At this point, I am only able to guess the reasons based on what was actually said in the interview. Like you, I also found my congressional offices to be unhelpful. I'm sorry you are having to deal with this too.

Ok, isn't there a document you can file under the freedom of information act? Actually, I know there is because USCIS told me about it. You have to pay a fee and it does take a little bit of time but you would at least have that information before another interview for the CR1. Call USCIS and get that filed as soon as you can because you will get copies of everything and it is illegal for them to keep it from you.

[Always+Forever 7]

Ok, isn't there a document you can file under the freedom of information act? Actually, I know there is because USCIS told me about it. You have to pay a fee and it does take a little bit of time but you would at least have that information before another interview for the CR1. Call USCIS and get that filed as soon as you can because you will get copies of everything and it is illegal for them to keep it from you.

yeah...i found it...got it filed out, just have to get it in the mail Still trying to figure out what is best to do...wait, refile k1 or get married & do CR-1??? Maybe i should start a poll...that could be interesting to see

Monica

[msheesha 548]

yeah...i found it...got it filed out, just have to get it in the mail Still trying to figure out what is best to do...wait, refile k1 or get married & do CR-1??? Maybe i should start a poll...that could be interesting to see

Monica

Nobody can say what's best until you find out the reason for denial. A poll would just be blind opinions if you don't know the reason for denial, imho!

[moroccogirlny 100]

yeah...i found it...got it filed out, just have to get it in the mail Still trying to figure out what is best to do...wait, refile k1 or get married & do CR-1??? Maybe i should start a poll...that could be interesting to see

Monica

Just letting you know that I filed a FOIA and they contacted me about 1 year later with basically no info. My Senators office also told me that the FOIA was holding up my review. Whenever a request is made on a petition it holds up the service center from reviewing it. Our 1st petition never got reviewed though.

[moroccogirlny 100]

I found this post on a lawyers blog:

A cable in February of 2004 was sent from the Department of State to all embassies and consulates issuing visas concerning denials and returns of visa petitions. Part of the cable contained this information: "In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial."

"In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition."

...Yet in 2010, consular officers across the globe have felt free to ignore this information and regularly deny family-based visa petitions for subjective reasons, and then refuse to give any clear reasons for denial. A clear framework and set of rules should be distributed AND ENFORCED at all US Embassies and Consulates.

[msheesha 548]

I found this post on a lawyers blog:

A cable in February of 2004 was sent from the Department of State to all embassies and consulates issuing visas concerning denials and returns of visa petitions. Part of the cable contained this information: "In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial."

"In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition."

...Yet in 2010, consular officers across the globe have felt free to ignore this information and regularly deny family-based visa petitions for subjective reasons, and then refuse to give any clear reasons for denial. A clear framework and set of rules should be distributed AND ENFORCED at all US Embassies and Consulates.

I wonder if the fraud level, perceived or accurate, in a specific country (such as Morocco) is something the consular officers consider as evidence of which they are aware, and DHS is not. Also age differences, previous marriage/s and/or children from previous relationships, etc, etc, etc, and the cultural norms in Morocco connected to these - I wonder if these are things that the co's are allowed to consider "evidence" that they have and the DHS does not. Does anyone know?