IMMIGRANT VISA UNIT
U.S. CONSULATE GENERAL
HO CHI MINH CITY, VIETNAM
/ k/ Ji: TRAN, NHAT QUOC
CASE #: HCM2005539046
*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:
* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case
*Consular QlftIcers apply a ‘reasonable person standard’ when evaluating the bona fides of claimed spousal and fian relationships (9 FAM 42.43 N2.2(3)). In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the Immigrant Visa Chief and will be returned to USCIS for review and possible revocation upon his concurrence with the reviewing officer’s decision. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)(C)(i) of the Act.
Please turn in the requested items with this form at window B between 1pm and 3pm Monday-Friday.
WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE
SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND
NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.
