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Help me in my friend's matter!!!!

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  • Help me in my friend's matter!!!!

    My friends employment based immigrant visa was denied in March 2002 u/s 221(g) in which Consular officer 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 If you do that and request that your petition be withdrawn, then we will not pass to INS any incriminatory/derogatory information that may have been developed as a result of your application, and we will consider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 and denied his visa erroneously. He submitted the evidences in April 2002. 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 (70days) 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
    My friends employment based immigrant visa was denied in March 2002 u/s 221(g) in which Consular officer 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 and denied his visa erroneously. He submitted the evidences in April 2002. 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 (70days) 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.

    Comment


    • #3
      Once a case is denied and then it came on file that your friend had misrepresented, it made him a suspect. After Visa officer interviewed him, the file is sent to the Consul incharge of Visa Section for review. Previous notes on the file may have caused suspicion again and in such cases some times they send their Investigators to investigate authenticity of the documents and certificates submitted by the applicant. When your friend had got employment letter again, it would had been better for him to take to the Consulate personally instead of sending it by mail.
      Hope everything will be okay with his case.
      Good luck.

      Comment


      • #4
        Umesh you've replied to this one before...

        Comment


        • #5
          you keep posting the same case...and it has been answered several times - the embassy has the legal power to check the qualifications/documents, etc of any visa applicant. The fact that they do this at a time that you do not agree with is immaterial - you are not a consular officer.
          If he committed fraud, he is going to have a tough time. If he can prove he did not, then the embassy will likely continue processing his case, according to all the new rules that are in place. No matter how much you disagree about their methods, they are the ones with the responsibility and the authority to issue visas to qualified, bona fide individuals, without your help.

          Comment

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