Visa refusal

[rjs3 0]

This inquiry is to understand the different stages of the visa process. What happens when a person is denied a family visa under 221g. After the petition is sent back to USCIS, will the case status be in the post-decision activity section.

Edited September 4, 2010 by rjs3

[Gingerpants 8]

Which kind of visa is this for? Your first question asks for the steps in the visa process but your second question suggests you already been denied. So can you please clarify what part of the process you're in?

Edited September 4, 2010 by Gingerpants

[JimVaPhuong 4,863]

This inquiry is to understand the different stages of the visa process. What happens when a person is denied a family visa under 221g. After the petition is sent back to USCIS, will the case status be in the post-decision activity section.

Are you actually trying to use the online CRIS system to track a returned petition?

What will happen depends on when it happened. It used to be that petitions returned to VSC were actually reviewed and either reaffirmed or a NOID was sent to the petitioner, and petitions returned to CSC were just allowed to expire. Lately, CSC has been allowing returned petitions to expire, and then sending a NOID on any subsequent petition citing the CO's reasons for returning the first petition. There have been rumblings that VSC is starting to do the same thing.

All I can say is if your petition is returned then stay on top of USCIS to monitor your case status. Get your elected officials involved, if you wish. Watch your mail. If you get a NOID, either for the first petition or a subsequent petition, then respond vigorously with a truckload of evidence.

[rjs3 0]

Are you actually trying to use the online CRIS system to track a returned petition?

What will happen depends on when it happened. It used to be that petitions returned to VSC were actually reviewed and either reaffirmed or a NOID was sent to the petitioner, and petitions returned to CSC were just allowed to expire. Lately, CSC has been allowing returned petitions to expire, and then sending a NOID on any subsequent petition citing the CO's reasons for returning the first petition. There have been rumblings that VSC is starting to do the same thing.

All I can say is if your petition is returned then stay on top of USCIS to monitor your case status. Get your elected officials involved, if you wish. Watch your mail. If you get a NOID, either for the first petition or a subsequent petition, then respond vigorously with a truckload of evidence.

[rjs3 0]

Actually, I am not directly involved in this case but know the beneficiary.

The beneficiary is totally non-english speaking. The marriage between the petitioner and the beneficiary was some kind of agreement. During the visa interview in February 2010, visa was denied and the beneficiary is left in the dark. The only information provided to me is the USCIS receipt.

According to the receipt, the case is at the post decision activity section.

I do not know much about immigration process and am trying to understand the process by reading various topics at Visa Journey.

Edited September 4, 2010 by rjs3

[Anh map 2,098]

What country is the beneficiary from?

From what you are saying I would think that the petition was denied because the interviewing officer did not see a bona fide relationship. And you describe it as an "agreement" rather than a relationship so the CO made the correct decision.

[JimVaPhuong 4,863]

Actually, I am not directly involved in this case but know the beneficiary.

The beneficiary is totally non-english speaking. The marriage between the petitioner and the beneficiary was some kind of agreement. During the visa interview in February 2010, visa was denied and the beneficiary is left in the dark. The only information provided to me is the USCIS receipt.

According to the receipt, the case is at the post decision activity section.

I do not know much about immigration process and am trying to understand the process by reading various topics at Visa Journey.

Can you be a little more specific about the "USCIS receipt"? Is this an I-797C notice from USCIS? Or, does it look like a printout of a web page with a row of circles at the top? "Post decision activity" is a phrase they use on the CRIS system. I don't remember seeing this phrase on any official notice from USCIS, but my memory isn't perfect.

The consulate will (almost always) give the beneficiary a letter explaining the denial. Sometimes it's really vague, so it may be difficult to draw any conclusions from it, but it will usually at least cite which section of the Immigration and Nationality Act was used to deny the visa application. Section 221(g) is pretty common - basically consular officer's discretion. 212(a) is usually much more serious - the beneficiary is inadmissible.

Unless you can get more information, there's not much more we can say about it.

[msd 3]

What country is the beneficiary from?

From what you are saying I would think that the petition was denied because the interviewing officer did not see a bona fide relationship. And you describe it as an "agreement" rather than a relationship so the CO made the correct decision.

Yeah that...

[rjs3 0]

Are you actually trying to use the online CRIS system to track a returned petition?

What will happen depends on when it happened. It used to be that petitions returned to VSC were actually reviewed and either reaffirmed or a NOID was sent to the petitioner, and petitions returned to CSC were just allowed to expire. Lately, CSC has been allowing returned petitions to expire, and then sending a NOID on any subsequent petition citing the CO's reasons for returning the first petition. There have been rumblings that VSC is starting to do the same thing.

All I can say is if your petition is returned then stay on top of USCIS to monitor your case status. Get your elected officials involved, if you wish. Watch your mail. If you get a NOID, either for the first petition or a subsequent petition, then respond vigorously with a truckload of evidence.

[rjs3 0]

Thanks for the information. I was checking on line only. The beneficiary, a distant relation, turned to me after the visa denial. After reading many posts, I think the beneficiary must have received something and must have mailed to petitioner. There is something very fishy and I do not want to get involved in it.