Denied vs. Refused

[dananawara 0]

I called the Dept of State today and they told me that after my fiances interview that the case was sent back to USCIS in California for AP/AR because he was refused ; not denied. Please...anyone... tell me what THAT means?

[Dakine 26]

I called the Dept of State today and they told me that after my fiances interview that the case was sent back to USCIS in California for AP/AR because he was refused ; not denied. Please...anyone... tell me what THAT means?

Sorry but that means you should get a GOOD immigration lawyer if you want to pursue the case!

[mybackpages 0]

I called the Dept of State today and they told me that after my fiances interview that the case was sent back to USCIS in California for AP/AR because he was refused ; not denied. Please...anyone... tell me what THAT means?

The difference is legalese. The consulate wants to protect itself, so instead of saying this visa is denied outright, they can use the word refused..the end result is the same, the petition is returned. Check out the pinned thread at teh top of the MENA forum....PM Kiya and chiquita...they have a great deal of knowledge on the next steps. Good luck.

[limah 1]

I called the Dept of State today and they told me that after my fiances interview that the case was sent back to USCIS in California for AP/AR because he was refused ; not denied. Please...anyone... tell me what THAT means?

There is a pinned topic at the very top of the page in this forum. If I were you, I would read that. Its got a lot of pages, but there is very valuable information there. I can pretty much assure you that you will get all types of information! People that have NOT been thru this will NOT give you information that is 100% correct cuz they aren't speaking from experience. I, myself, HAVE been thru this, and am still going thru it. I haven't quite reached the year mark since my Hubbyz case was returned to the USA. There are though, some ladies here that will sincerely, want to help you out. Just to name a few, Kiyah, Visa in Hand, Chiquita, Moroccogirlny.............. I want to say myself, but I have to admit, they are far more intelligent than I am when it comes to this. I have to go to then for info alot of the time.

I'll send you a personal message, too..................

Good luck in your case, no matter how long it may take to get it resolved. DON'T GIVE UP!

Limah

[Philomena 0]

I totally sympathize with you, and have a great deal of empathy because we went through the same thing, recently. Actually, DOS gave me the same line, that the visa was merely "refused" for further Administrative Review/Processing, but I got an email from the Consulate in Casablanca on Aug. 27 and a letter from the Senator confirming that our petition will indeed be returned, and they even provided me with the registered number of the diplomatic pouch that it's going to be sent it. All you can do is your best, by faxing in rebuttal/appeal letters, giving more supporting info./docs., contacting senators and congressmen, having family and friends fax letters of support, etc., which I did promptly and meticulously, but once they've made up their minds, it's pretty much a done deal. If you filed at CSC like we did, there's not even a chance for a rebuttal, as the case will mostlikely merely be closed since the petition's approval period would have probably expired by the time it reaches USCIS again. It's a double-edged sword, as it's good that there's no fraud marker to contend with, but all your efforts are gone down the drain because you aren't even given a chance to appeal. So then (correct me if I'm wrong, Limah, Kiya, or anyone else with experience regarding denials), you can file a 601 waiver to do another K1 petition, wait the 2 years to do another K1, or get married then start over with a K3 or CR1 (only if your K1 is cancelled and you do NOT receive a NOIR/NOID, in which case you must address that issue first). I try to look at the positive aspect of every situation, and evaluate what I learned, and then contemplate how to effectively utilize that new awareness to my advantage. This whole thing has ironically made my relationship even stronger, because the adversity is a test of the elasticity, strength, and resilience of the bond you have with your Significant Other. It it's destined, nothing can get in the way of true love, and you WILL be together, eventually. It's a lesson in patience and adaptability. Take it as a growing experience, and also find comfort in the fact that the next time around, you will be so much more prepared and knowledgeable. I know it's difficult, but try to chin up and don't let Immigration evaporate the joy from your life. It just requires a change in plans, and an altering of your perspective. You can get through anything, when you are focused and have harmony within your spirit. It gets easier after the first few weeks. I'm off to Morocco September 10-October 13; I scored an entire month off from the office! Best of luck, and have a great weekend.

Warm Regards,

iysha

[dananawara 0]

how the heck did u get an interview so soon after you filed?? I filed in April 2006 and interview was 1/22/07. Since then has been in AP/AR. this has been 1 1/2 years. What are you going to do now? Are you married or engaged?

[dananawara 0]

thanks.. Im gonna read this.. also sent you back a personal message.

[The_dip_sticks 0]

Im confused here is this a refused vs denied entry or a refused vs denied petition? By the way Im intrested in knowing my self what is the difference between refused vs denied at the point of entry????

[Dakine 26]

Im confused here is this a refused vs denied entry or a refused vs denied petition? By the way Im intrested in knowing my self what is the difference between refused vs denied at the point of entry????

You are refused entry to the US and you are denied entering also.

Both mean you are going home or at least anywhere else but the US.

[Marriednow 4]

I totally sympathize with you, and have a great deal of empathy because we went through the same thing, recently. Actually, DOS gave me the same line, that the visa was merely "refused" for further Administrative Review/Processing, but I got an email from the Consulate in Casablanca on Aug. 27 and a letter from the Senator confirming that our petition will indeed be returned, and they even provided me with the registered number of the diplomatic pouch that it's going to be sent it. All you can do is your best, by faxing in rebuttal/appeal letters, giving more supporting info./docs., contacting senators and congressmen, having family and friends fax letters of support, etc., which I did promptly and meticulously, but once they've made up their minds, it's pretty much a done deal. If you filed at CSC like we did, there's not even a chance for a rebuttal, as the case will mostlikely merely be closed since the petition's approval period would have probably expired by the time it reaches USCIS again. It's a double-edged sword, as it's good that there's no fraud marker to contend with, but all your efforts are gone down the drain because you aren't even given a chance to appeal. So then (correct me if I'm wrong, Limah, Kiya, or anyone else with experience regarding denials), you can file a 601 waiver to do another K1 petition, wait the 2 years to do another K1, or get married then start over with a K3 or CR1 (only if your K1 is cancelled and you do NOT receive a NOIR/NOID, in which case you must address that issue first). I try to look at the positive aspect of every situation, and evaluate what I learned, and then contemplate how to effectively utilize that new awareness to my advantage. This whole thing has ironically made my relationship even stronger, because the adversity is a test of the elasticity, strength, and resilience of the bond you have with your Significant Other. It it's destined, nothing can get in the way of true love, and you WILL be together, eventually. It's a lesson in patience and adaptability. Take it as a growing experience, and also find comfort in the fact that the next time around, you will be so much more prepared and knowledgeable. I know it's difficult, but try to chin up and don't let Immigration evaporate the joy from your life. It just requires a change in plans, and an altering of your perspective. You can get through anything, when you are focused and have harmony within your spirit. It gets easier after the first few weeks. I'm off to Morocco September 10-October 13; I scored an entire month off from the office! Best of luck, and have a great weekend.

Warm Regards,

iysha

Hi again Iysha--Sorry to see that your petition ended up getting sent back to the good ole USA.

THIS IS FOR ANY OF YOU VETERANS OF THE CASA BS......

Let me ask a couple of questions. If our petition is refused, Hamid and I want to go ahead and get married the quickest we can. What would be the best way to do this? How long does it take for them to cancel officially the K-1? Can we cancel it ourselves if the petition is sent back? And please tell more about the CR-1????

Please don't tell me we have to wait a year and a half or more to even start over. He**, I'll be on SS by the time this ####### is sorted out. Wish I could just retire now and go live there with him instead of wasting all of this time..... Anxiously waiting for advice.

AND PLEASE SAY A PRAYER FOR US AS HIS INTERVIEW IS SEPT. 6!!! THANKS EVERYBODY...

[doodlebug 3]

how the heck did u get an interview so soon after you filed?? I filed in April 2006 and interview was 1/22/07. Since then has been in AP/AR. this has been 1 1/2 years. What are you going to do now? Are you married or engaged?

Well firstly she's going through Morocco not Egypt but also, Egypt was wicked slow at giving out interviews when you were getting yours. They've sped up since then. We filed at the end of January and got our interview mid July (though it was delayed a week since the interviewer didn't come in the day my husband was supposed to go to work).

[chiquita 0]

wow there are lots of questions here!!! lots of mis info too. i will try to answer them if i know the answer. just give me some time.

first---refused vs denied

after the benificiary has the interview the CO is to inform him/her as to whether or not a visa will be issued. instead the CO issues a 221g letter. if the benificiary asks if a visa will be issued they are either told to call USCIS or told they will be called depending on what TYPE of 211g they receive.

there are now two--

one is saying the benificiary is not eligable for a visa and the petition is being returned to USCIS for further review.

the other is saying the case is pending security checks--once the benificiary clears checks a visa will be issued.

(please keep in mind i simplified this for time sake.)

the first is what many refer to as a "SOFT DENIAL". the benificiary does not get a visa. can we say then the the benificiary has been REFUSED a visa?

the DENIAL is referred to possibly to the NOIR that used to get sent out?

sound confusing? lol...it is.

basically lets just say the benificiary was refused/denied a visa at the time of the interview. maybe that can clear things up. keep in mind this is my OPINION only. there is nothing set in concrete when it comes to these terms. just a clarification on others minds as to what each word may or may not mean.

the bottom line>>>

benificiary does NOT get approved for a visa on the day of the interview. the decison is ALWAYS made at the time of the interview. the consular office is to INFORM the benificiary either way.

chi

ps...i just commented on some of this in the "Returning Petitions to the United States via 221g," section>>>>

post #475

http://www.visajourney.com/forums/index.ph...p;#entry1164983

[chiquita 0]

Im confused here is this a refused vs denied entry or a refused vs denied petition? By the way Im intrested in knowing my self what is the difference between refused vs denied at the point of entry????

refused vs denied entry or a refused vs denied petition

can be both--refused/denied entry and denied/refused petition

what is the difference between refused vs denied at the point of entry????

there is really no difference.

refused entry means they wont let you in the country

denied entry is just that--they are denying you to enter the country

same thing--just differnt words to say it.

[dananawara 0]

good luck with the interview. I would also like to know how long it takes to get a final denial as I have been waiting since his interview 1/22/07 until present. Wish I could give you some advice but you see where all my wisdom has gotten me... hahaha. If we could do the interview again though, one thing I would change is... I would make sure my fiance (Sherif) didnt go in Timid or scared or whatever the word is.. I can describe it but I think they made him feel intimidated as Im sure they do alot of times to interviewees. I dont know. Just think positive.... positive.. postitve. Things will happen when God wants them to happen. Not in OUR time but in HIS! when its time... he will be here. And thats what I keep thinking. Its just not time yet