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  • #16
    Unique


    You were denied because you did not meet the requirements because you told the truth about leaving the usa for that short period. and there was no provision for family emergency etc.

    This is the decision that you were appealing. I believe. Are you saying that if it was perhaps another officer, that he may have decided to leave that part out and allowed an approval? A more sympathetic officer maybe.?

    Comment


    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
      ... Still, it's my fault. Had I just been more cool, laid back, and kept my mouth shut I would have survived his cruelty. In the end my case would have been approved because I qualified.

      I not only complained about the officer to his superiors, I complained to his superiors about themselves and the kind of administration they are running. This was extremely poor judgement on my part. Although everything I said was true, it was not my place to complain. ... </div></BLOCKQUOTE>

      I was initially inclined to empathize with the OP because, indeed, I know of some immigration cases where Immigration Officers blatantly exceeded their exercise of discretion. I've seen many a denial letter that were clearly "cut and pasted" repeatedly into multiple cases, and yes, they sometimes even forget to change the names of petitioners or beneficiaries. I also witnessed a number of spousal petition interviews where the Officers make me doubtful as to their appropriateness for their job description for demonstrating arrogance, coldness, or clear ineptitude to pass a "beyond reasonable doubt" determination of a certain case at hand. Now, having said this. For each and every unfavorable decision handed down, there is an appeal/motion procedure stipulated. Or if there's none, it's also clearly stated. But still, it doesn't preclude the petitioner or applicant's option to seek "proper" arbitration: USCIS Ombudsman or the Courts. Unfortunately, it appears that during the OP's interview, he was the one who demonstrated, by his own admission, arrogance and offensive attitude. Was the skin color a material factor during the proceedings? Obviously, "it is" for the OP. Did he follow the proper relief procedure after the denial? He said he complained, the appropriate way? Highly unlikely. The Officer passed the decision. The OP passed a subjective judgment. Folks, we be the judge this time.

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      • #18
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
        Unfortunately, it appears that during the OP's interview, he was the one who demonstrated, by his own admission, arrogance and offensive attitude. </div></BLOCKQUOTE>

        No. During my interview I was extremely respectful, even while sustaining abuse. The harder I tried to be nice, the more he disliked me. Whoever is reading this letter already knows all about this kind of situation. You can't make somebody like you, who doesn't want to like you.

        I became sarcastic after I received my "Notice of Intent to Deny." This is because the NOID contained absolute lies. I was literality in shock when I first read it.

        Understand, I did not start out with a bad attitude, I acquired it. In retrospect, I should have curtailed my sarcastic comments. Had I done so, the outcome would have been different.

        Comment


        • #19
          Oh well, leaving things being equal, you have to carry the brunt of your inappropriate actions. And I'm so sorry for that.

          Comment


          • #20
            Do you think the interviewing officer will take that burden or risk knowing if the case go to court for a judge to review it may go in favor of the petitioner if the petitione is right?

            Comment


            • #21
              I have a question everyone reading this thread. My question is.

              "Should I be denied due to my attitude when I should be approved due to the facts of my case?"

              Comment


              • #22
                No doubt, The customer service at the uscis is bad, bad worst than anything you might think off....
                The fact is they neither approve your case nor they deny it then you can pack up and leave the country after 15 or more years ....
                This country has a long policy of exploiting human being (slavery seggregation and now immigration ......)
                The immigration officer doesn't not have to be concerned about your good or bad attitude nor what you look like but rather the facts that the documents you showed must convince him...
                They are not god ..... they forget they are in business because of people like me and you who are truly their customers and they owe us a great deal of respect.
                One stupidest thing is the fact that the I-687 doesn't not have a processing time.



                ------------- one simple message to uscis: Deny or approve people applications they can decide for the best of the rest of their life -- simple ---------

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                • #23
                  Then what is the duty of Immigration Judge?

                  Comment


                  • #24
                    Could anybody pls answer my question.If the adjudicating officer does some racial profiling or injustice to the candidate, can the immigration judge overrule it?

                    Comment


                    • #25
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by naturebeauty:
                      Could anybody pls answer my question.If the adjudicating officer does some racial profiling or injustice to the candidate, can the immigration judge overrule it? </div></BLOCKQUOTE>

                      Two very important things to remember.

                      Racism is a subjective thing, (I felt that I was resented due to my race) but I could never prove it in court, unless something racist was said or written.

                      Secondly there is no Judge. The Judge your talking about is only going to decide what day you're gonna leave the USA.

                      Comment


                      • #26
                        Immigration judge is going to look at the facts when deciding if fault is in order. not colore blah blah. He will look at in unique's case that he did leave the country and brok e the continued presence.. not that the officer was black and recipient was white. if judge steps out of line and overrules uscis even though uscis is correct in their assesment... uscis can file an appeal of decision and try to overturn IJ decision. yes it happens, and sometimes IJ decision is overturned too.

                        Comment


                        • #27
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by naturebeauty:
                          Could anybody pls answer my question.If the adjudicating officer does some racial profiling or injustice to the candidate, can the immigration judge overrule it? </div></BLOCKQUOTE>
                          If your case is denied, you will receive a letter reflecting the unfavorable decision and the letter will explain the reasons why wand what you can do to appeal the decision. This link provides general information on how to appeal. NOTE: some situations, there is no appeal. Need more info on what type of case your are requesting adjudication on, that is, family, employment, asylee, refugee, or humanitarian.
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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