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  • Consular abuse his power

    Dear SAMMY

    I read your professional discussion on one married couples. I have a good impression on you and now I thought you may be be the right person to request for advice.

    My passport was lost with U.S Student visa on Dec 22, 1996. Then I reported to Embassy and got the adivce how to get replacement visa on the new passport. I got a new passport on Dec 24, 1996. Then I got a replacement visa after producing all testimonial such as police report, newspaper advertisements and letter addressed to passport issuing board.
    On my new passport aslo Endorsement is clearly stated this is issued on the replacement of passport No. so and so.

    To summarise, Got visa, Lost and replacement visa got.

    But, a few days May be two or three days later, a person returned the old passport to my brother who later misuse my passport and applied Japanese Visa. Then he used my passport and entered and worked there for three years. He is now back home.

    During that time, I left to another country and worked for three years and in Jan 1999, I entered USA with the new F1 student visa. I completed two master degrees within Five Years stays in USA. During that time, we got our first child who is US citizen.

    The problem is when I came back to my country (over 85% are buddhits) apply for Non-immigrant visa, I have been interrogatted about the loss passport and consular officer forced me to produce the lost passport that my brother misused it it last nine years ago.
    I was angry at my brother. I could not give answer to consular that I didn't know for sure such as how he entered to Japan, how is detach Japanese visa from mine to affix on his et.

    Finally, I got misrepresentation stamps on my passport. I am now in deep trouble not only I have to lose my lucrative job in US but also seperate from my family. My wife is also on F1 visa. She is in need of my financial and psychological help.

    Therefore, I would like to ask your advice on this matter, particularly
    (1) Am I be liable for my brother misuse on my passport and should be charged under mis rep.I truly lost it and did what I supposed to do. The replacement F1 visa was expired without using it.
    (2) I did't even know what did I mis rep and how can I apply for a waiver
    (3) Even consular put provisional P6E on my passport " Possible alien smuggling"


    I would like to reunit with my family, but I feel guilty for taking away my baby brighter future such as good education and health systems in US than in my home country.

    Thank you so much for your kind advice on this serious matter.

    Yours truly:

    MIKE

  • #2
    Dear SAMMY

    I read your professional discussion on one married couples. I have a good impression on you and now I thought you may be be the right person to request for advice.

    My passport was lost with U.S Student visa on Dec 22, 1996. Then I reported to Embassy and got the adivce how to get replacement visa on the new passport. I got a new passport on Dec 24, 1996. Then I got a replacement visa after producing all testimonial such as police report, newspaper advertisements and letter addressed to passport issuing board.
    On my new passport aslo Endorsement is clearly stated this is issued on the replacement of passport No. so and so.

    To summarise, Got visa, Lost and replacement visa got.

    But, a few days May be two or three days later, a person returned the old passport to my brother who later misuse my passport and applied Japanese Visa. Then he used my passport and entered and worked there for three years. He is now back home.

    During that time, I left to another country and worked for three years and in Jan 1999, I entered USA with the new F1 student visa. I completed two master degrees within Five Years stays in USA. During that time, we got our first child who is US citizen.

    The problem is when I came back to my country (over 85% are buddhits) apply for Non-immigrant visa, I have been interrogatted about the loss passport and consular officer forced me to produce the lost passport that my brother misused it it last nine years ago.
    I was angry at my brother. I could not give answer to consular that I didn't know for sure such as how he entered to Japan, how is detach Japanese visa from mine to affix on his et.

    Finally, I got misrepresentation stamps on my passport. I am now in deep trouble not only I have to lose my lucrative job in US but also seperate from my family. My wife is also on F1 visa. She is in need of my financial and psychological help.

    Therefore, I would like to ask your advice on this matter, particularly
    (1) Am I be liable for my brother misuse on my passport and should be charged under mis rep.I truly lost it and did what I supposed to do. The replacement F1 visa was expired without using it.
    (2) I did't even know what did I mis rep and how can I apply for a waiver
    (3) Even consular put provisional P6E on my passport " Possible alien smuggling"


    I would like to reunit with my family, but I feel guilty for taking away my baby brighter future such as good education and health systems in US than in my home country.

    Thank you so much for your kind advice on this serious matter.

    Yours truly:

    MIKE

    Comment


    • #3
      How on earth with the English like that you completed two(!) masters degrees?!

      " ... I could *not* give answer to consular that I didn't know for sure such as how he entered to Japan, how is detach Japanese visa from mine to affix on his et. ... "

      Here you answer your own questions. The consular officer did not "abuse" any power. The burden of proof lies on visa applicant. If you couldn't disprove claims that you had nothing to do with your lost passport abuse than the interviewing officer assume that you did and denied the visa.

      Cheers.

      Comment


      • #4
        Dear Sup

        Thank you so much for your reply. If I can approve that I have nothing to do with the lose passport, problem could be solved, isn't it?

        Tks I will try to improve my writing as well.

        Comment


        • #5
          Probably not. The consular officer has broad discretion to deny, as was pointed out above. Even if you "prove" that your brother used the passport, well, what matters is if the officer believes that you didn't know about it. You don't say how you intend to prove your brother used it and you didn't know it, but I wouldn't count on anything you, your brother, or your family says as having any weight.

          Comment



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