Returning Petitions to the United States via 221g

[sarah and hicham 3]

Hi Everyone,

I think I might have some good news in regards to our petition possibly being Reaffirmed, but I'm unsure. My fiance had his interview August 3, and he received the "Petition Being Returned to USCIS for Further Review" 221G. I followed Chiquita's advice and immediately sent email to the Consulate requesting a reconsideration/2nd interview, contacted 2 Senators, and 1 Congressman, and I also faxed a very detailed letter to the Chief Consul thoroughly explaining our situation and requesting that he take the time to review the large file of evidence. I also had my parents and a friend fax letters of support/concern. At first when I called DOS to inquire about the case status, they said its "Denied/Recommended for Return to USCIS". Now when I call they are telling me it's in "Administrative Processing" and they have no record of a denial status. I really don't know how to interpret that as of now, and I would rather be cautious than jump to conclusions. A friend of Driss had his interview the same day, was also denied, and they sent his petition back already. I wonder why ours didn't go back at that same time since they had the "diplomatic pouch" ready.

Also, DOS informed me that the "Name Checks" in Washington were completed before the interview, and we are in "AP in Casablanca." I don't know if it's a good sign, or if they might still return it after the AP is completed. I would love to hear any ideas, advice, or input, especially from anyone who has had experience with having a denial overturned, and having a petition reaffirmed.

Thanks and Hope Everyone's enjoying a Mellow Weekend,

Iysha

Wow, that sounds like great news! Congratulations! Your quick reaction paid off!

[chiquita 0]

Iysha

the most accurate and fastest way to know is have your rep make an inquiry as to the status of your case to the consulate in Casa. your rep will also be given the pouch number if your case was indeed returned.

i am so hoping we can do the happy dance with you shortly!!!!!!!!!

chi

[morocco4ever 63]

Iysha

the most accurate and fastest way to know is have your rep make an inquiry as to the status of your case to the consulate in Casa. your rep will also be given the pouch number if your case was indeed returned.

i am so hoping we can do the happy dance with you shortly!!!!!!!!!

chi

I agree. I got so many different answers to my question from the DOS that I learned not to trust them. I truly hope that we can celebrate with you.

[fop 0]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

[Marriednow 4]

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

That reminds me, I think I forgot to add our names. We are over Casa!!! Thanks for all your hard work. Kiya!!!

[chiquita 0]

go get that visa and bring him here NW!!!!

chi

[fop 0]

hi Kiya,

I really support your Idea with rousing yessss ! but how this can help our cases to be done with full justice ???

thanks

Hicham

[sarah and hicham 3]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

[Marriednow 4]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

May I ask??? So now this is pinned, what happens next??

[chiquita 0]

hi Kiya,

I really support your Idea with rousing yessss ! but how this can help our cases to be done with full justice ???

thanks

Hicham

not Kiyah here, but i am not sure i understand what you mean by---

I really support your Idea with rousing

i am dumb--what does that mean??

what was her idea that you are referring to?

full justice? i dont understand that either.

as an American we dont have any rights when it comes to marrying outside of America. it is a privilege if our government allows our foreign born spouse/fiance to come live with us in the states. we all need to keep that in mind.

what we are asking for is for the guidelines to be followed.

we are asking that cases not be pre-judged prior to the interview.

we are asking that if there are suspictions that the couple have the chance at the consular level to address/ provide evidence to prove the validity of the relationship and not merely return the case to USCIS and make them do the investgating.

which by the way is going away=California Service Center no longer sends out NOIR to K1 cases that are returned. the couple is left in limbo as to what the next step is.

Vermont on the other hand puts the cases on a shelf to collect dust-returned case are NOT a priority for them. insane!!

as American, we are not used to our government treating us like this! we are used to getting answers and trying to solve problesm. this is what "I" find so irritating! if there is a problem--ask me and see if i can clear it up. unfortunately we dont get that opportunity. this is a case of uncle Sam trying to protect it's citizens against "visa seekers". ok, i understand, but let me be the one to address the issue but alas i am not allowed to.

let this be clear--we are talking about LEGAL immigration following all the rules paying all the fees. what we have are honest hard working regular average JOE'S who fall in love with a non American and only want to be with them in our own country. we are only asking for the opportunity to prove we are indeed valid couples instead if being judged by a CO who just cant beleive my husband loves me so my case is returned to USCIS saying we are frauds!!!

let this also be very clear>>>> this happens without one shred of evidence against us!!!!! we are guilty without any evidence. what American would not be outraged by this practice? which by the way is AGAINST the government guidelines according to the CFR (code of federal regulations)>>>

http://ecfr.gpoaccess.gov/cgi/t/text/text-....0.1.5.28.9.1.1

not to also mention that the consular officer is to INFORM the applicant WHY he/she is not getting a visa. >>>>>

consular officers are not complying with the requirements of 8 C.F.R. 103.2(B)(16)(i)&(ii), which requires that derogatory information used to deny a petition, must be disclosed to petitioner, if it is not classified and if it is to be the basis of the adverse decision

the consular officer is also required to help the applicant overcome the objections for denial>>>

8 CFR 103.2(B)(16) "Applications, petitions, and other documents" states,

(emphasis added):

16) Inspection of evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If the decision will be adverse to the applicant or petitioner and is based on derogatory information considered by the Service and of which the applicant or petitioner is unaware, he/she shall be advised of this fact and offered an opportunity to rebut the information and present information in his/her own behalf before the decision is rendered, except as provided in paragraphs (B)(16)(ii), (iii), and (iv) of this section. Any explanation, rebuttal, or information presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding.

(ii) Determination of statutory eligibility. A determination of statutory eligibility shall be

based only on information contained in the record of proceeding which is disclosed to the applicant or petitioner, except as provided in paragraph (B)(16)(iv) of this section.

(iv) Classified information. An applicant or petitioner shall not be provided any information contained in the record or outside the record which is classified under Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring protection from unauthorized disclosure in the interest of national security, unless the classifying authority has agreed in writing to such disclosure. Whenever he/she believes he/she can do so consistently with safeguarding both the information and its source, the regional commissioner should direct that the applicant or petitioner be given notice of the general nature of the information and an opportunity to offer opposing evidence. The regional commissioner's authorization to use such classified information shall be made a part of the record. A decision based in whole or in part on such classified information shall state that the information is material to the decision."

this info was given to me by an excellent immigration attorney who by the way helps those who have had their cases returned to USCIS.

gosh didnt mean to right a book here...but as you can see this does irratate me.

i am AMERICAN all the way!!! i love my country! it doesnt mean that some things need to be fixed though. i dont want anyone to get the idea i hate my country.

chi

[chiquita 0]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

May I ask??? So now this is pinned, what happens next??

we can learn from others experiences. the idea was to let other couples know that this does happen and what they need to do or possibly expect in order to keep it not happening to them. of course this is not a guarantee that it wont happen to a couple we just wanted the info available to everyone.

that was the idea---sharing and being able to find it here in one place

chi

[sarah and hicham 3]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

May I ask??? So now this is pinned, what happens next??

The thread just stays on the top of the page for easy access because it is an important and useful thread.

[flygirlalbny 0]

The quickest way to get a case status is also to email the consulate directly. In the subject line include the interviewing consulars initials, as well as the US consulate of.......and the head consulars name ( if known). This will direct the email to the individuals mentioned, and most likely get a response from them quicker.

My best advice to anyone who has red flags, and is petitioning for their loved one at a consulate known for denials.. is to marry, then file an immediate relative petition. This is not a guarantee for a visa issuance, however if a petition is returned for revocation, the USCIS , by law is mandated to review it, issue a noid/noir, which a petitioner will be given 30 days to rebut.

Christine

[morocco4ever 63]

I agree we need to get this pinned. Guys what is happen in Casablanca is terrible !!!

You don't have to worry! It IS pinned!

May I ask??? So now this is pinned, what happens next??

we can learn from others experiences. the idea was to let other couples know that this does happen and what they need to do or possibly expect in order to keep it not happening to them. of course this is not a guarantee that it wont happen to a couple we just wanted the info available to everyone.

that was the idea---sharing and being able to find it here in one place

chi

Exactly!

When ours was denied I had no idea what to go, where to go, or who too turn too. Chi was the first to help me, and now we have won our case and my love is finally here with me. Without her guidance I would have no idea where to turn or what to do. This thread is for those of us who have been through this to help guide those who are going through it now. We can't help in any way to make it more fair but what we can do is give you a place to go for all of the many questions.

[chiquita 0]

The quickest way to get a case status is also to email the consulate directly. In the subject line include the interviewing consulars initials, as well as the US consulate of.......and the head consulars name ( if known). This will direct the email to the individuals mentioned, and most likely get a response from them quicker.

My best advice to anyone who has red flags, and is petitioning for their loved one at a consulate known for denials.. is to marry, then file an immediate relative petition. This is not a guarantee for a visa issuance, however if a petition is returned for revocation, the USCIS , by law is mandated to review it, issue a noid/noir, which a petitioner will be given 30 days to rebut.

Christine

great advice!!!

thanks!

chi