ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: Dealy in issuing visa of one of my friend!!

  1. #1
    Guest
    His employment based immigrant visa was denied in March 2002 u/s 221(g) in which he wrote "your experience does not meet the requirements listed on your labor certification". After a month later consular officer sent him another denial letter via mail that was 212(a)(6)(c)(i). In which consular officer wrote:
    "We have received the documents you submitted and have determined that you are [1] ineligible for the visa category for which you are applying and [2] have misrepresented the material fact. We have begun the process of returning your petition to INS for revocation. However, right now there is backlog of pending revocation, so you have about one month to make a "timely retraction" of any misrepresentation that you may have made at (or subsequent to) your interview. If you do that and request that your petition be withdrawn, then we will not pass to INS any incriminatory/derogatory information that may have been developed as a result of your application, and we will consider removing 6C refusal. If you believe that this letter was sent to you by mistake, you should contact us via one of our approved courier services immediately. This will be your last opportunity to submit evidence to us. If we return your petition to INS for revocation, then we will return most of your original documents to you via courier".

    He submitted the evidences for reconsideration of his visa because consular officer asked him some questions not related to his job. He called from embassy after a year in March 2003 for re-interview. He was re-interviewed and consular officer denied his visa again u/s 221(g) and wrote in the denial:
    "Please bring a new job letter from your company explaining that they still want to hire you for this job. The last letter they sent us now a year old, so we need something more recent"
    He submitted the above mentioned letter. At that time consular officer told him that she accepted his case but she wants to check his name. Please tell me what kind of the matter she wants to check about him? Why consular officer didn't check such information prior to his interview? She told him that she'll call him in 15 days. But after two months (60 days) he didn't receive any message from the embassy. Can embassy still deny or revoke his visa? Why embassy is taking more time on the check? I think embassy did check all the information about him in March 2002 at the time of his 1st interview. Why embassy checking his name now? He was never in USA nor now in the USA but why consular officer check about him? Please write me in detail.

  2. #2
    Guest
    His employment based immigrant visa was denied in March 2002 u/s 221(g) in which he wrote "your experience does not meet the requirements listed on your labor certification". After a month later consular officer sent him another denial letter via mail that was 212(a)(6)(c)(i). In which consular officer wrote:
    "We have received the documents you submitted and have determined that you are [1] ineligible for the visa category for which you are applying and [2] have misrepresented the material fact. We have begun the process of returning your petition to INS for revocation. However, right now there is backlog of pending revocation, so you have about one month to make a "timely retraction" of any misrepresentation that you may have made at (or subsequent to) your interview. If you do that and request that your petition be withdrawn, then we will not pass to INS any incriminatory/derogatory information that may have been developed as a result of your application, and we will consider removing 6C refusal. If you believe that this letter was sent to you by mistake, you should contact us via one of our approved courier services immediately. This will be your last opportunity to submit evidence to us. If we return your petition to INS for revocation, then we will return most of your original documents to you via courier".

    He submitted the evidences for reconsideration of his visa because consular officer asked him some questions not related to his job. He called from embassy after a year in March 2003 for re-interview. He was re-interviewed and consular officer denied his visa again u/s 221(g) and wrote in the denial:
    "Please bring a new job letter from your company explaining that they still want to hire you for this job. The last letter they sent us now a year old, so we need something more recent"
    He submitted the above mentioned letter. At that time consular officer told him that she accepted his case but she wants to check his name. Please tell me what kind of the matter she wants to check about him? Why consular officer didn't check such information prior to his interview? She told him that she'll call him in 15 days. But after two months (60 days) he didn't receive any message from the embassy. Can embassy still deny or revoke his visa? Why embassy is taking more time on the check? I think embassy did check all the information about him in March 2002 at the time of his 1st interview. Why embassy checking his name now? He was never in USA nor now in the USA but why consular officer check about him? Please write me in detail.

  3. #3
    Guest
    sounds like someone committed fraud by making papers that appeared to show this guy was qualified for a particular job, but the embassy found out that it was not true.
    The embassy does not have to drop everything they are doing to track down information about someone who may have tried to commit fraud - it is the responsibility of the applicant to prove the facts and if the embassy found out otherwise, they are required to send the file back to INS for revocation. This process is called "following the law..." a concept that is lost on many people.
    Not surprisingly a lot of folks try to fool INS and embassies by creating papers that give the appearance of qualifications to an individual - but the consular folks often figure this out - probably during his interview it became apparent that he was not qualified and further investigation may have revealed the bogus papers.
    The price to pay for this kind of action is a permanent ineligibility for a visa of ANY KIND for the rest of his/her life. Apologies won't change this.

  4. #4
    Guest
    Dear Guest1,
    My friend was denied in March 2002 because consular officer asked him some questions not related to his job. Due to the reason consular officer denied him and wrote in the denial" Your experience does not meet the requirements listed on your labor certification" Then consular officer sent him another denial via mail that was 212(a)(6)(C)(i). In which consular officer wrote "If you believe that this letter was sent to you by mistake. You should contact us via one of our approved courier services immidiately. This will be your last opportunity to submit evidence to us"
    The he submitted evidences and his case was reconsidered and he was called by the Embassy in March 2003 and denied again u/s 221(g). Consular officer wrote in the denial "Please bring a new job letter from your company explaining that they still want to hire you for this job. The last letter they sent us now a year old, so we need something more recent"
    He submitted the above mentioned letter but didn't get visa. At that time he was told by the consular officer that she want to check his name. My questions are:-
    1) Please tell me what kind of the matter she wants to check about him?
    2) Why consular officer didn't check such information prior to his interview?
    3)She told him that she'll call him in 15 days. But after two months (60 days) he didn't receive any message from the embassy. Can embassy still deny or revoke his visa? Why embassy is taking more time on the check?
    4)I think embassy did check all the information about him in March 2002 at the time of his 1st interview. Why embassy checking his name now?

    My friend didn't do any kind of fraud with embassy.

  5. #5
    Guest
    Sounds like they suspect fraud in your friends case. Just do what they ask and if he's telling the truth there is nothing to worry about.

  6. #6
    Guest
    Embassy asked every thing from my friend and told by the consular officer that she accepted his case but wnat to check his name. My friend was true in all matters with embassy.

  7. #7
    Guest
    there are a variety of electronic data bases that are available to the embassies and every visa applicant must have this "checking" accomplished - and it is normally done immediately prior to his/her interview so that the information is current.
    If someone has a common name from a particular country (Juan Garcia, for example),well, imagine how many Juan Garcia's there are to be compared.
    In addition he may subject to other necessary checks (because of 9-11) that could take a bit of time. If the embassy has otherwise accepted his application, then it is just a matter of some time before they issue the visa (assuming that nothing bad shows up during this "checking" procedure)...

Similar Threads

  1. Friend who has over-stayed her visa
    By Pathfind83 in forum Immigration Discussion
    Replies: 9
    Last Post: 01-30-2008, 10:47 AM
  2. need a Visa for my friend my love
    By GENE in forum Immigration Discussion
    Replies: 4
    Last Post: 10-10-2005, 11:11 AM
  3. Delay in issuing an employmet based Immigrant visa.
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 05-12-2003, 12:39 PM
  4. Dealy in visa
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 05-11-2003, 01:18 PM
  5. Dealy in issuing visa after case acceptance?
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 05-11-2003, 01:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: