an attorney is collecting horror stories at GUZ

[Lee VD]

I am just curious if there is any activity going on to push for reforms in this particular area utilizing all these "horror stories" as examples of what has been going on? We have a lot of people who individually try to fight but no collective effort to stop the wave of illegal non-bonafides from occurring?

 

It seems to me that it is not in the interest of immigration attorneys to fight on a collective behalf as if the process improves, their business declines. They would be extremely helpful to individuals, but what is in their interest to fix the system as a whole?

 

Clearly, trying to get this fixed through legislation is just not going to happen but maybe through a court finding that rejecting applications on a subjective non-bonafide relationship finding when the USCIS already approved and no evidence of fraud was found at the interview, is clearly illegal.

 

Is any individual case close to at least setting a precedent?

[Randy W]

I am just curious if there is any activity going on to push for reforms in this particular area utilizing all these "horror stories" as examples of what has been going on? We have a lot of people who individually try to fight but no collective effort to stop the wave of illegal non-bonafides from occurring?

 

It seems to me that it is not in the interest of immigration attorneys to fight on a collective behalf as if the process improves, their business declines. They would be extremely helpful to individuals, but what is in their interest to fix the system as a whole?

 

Clearly, trying to get this fixed through legislation is just not going to happen but maybe through a court finding that rejecting applications on a subjective non-bonafide relationship finding when the USCIS already approved and no evidence of fraud was found at the interview, is clearly illegal.

 

Is any individual case close to at least setting a precedent?

 

Unfortunately -

 

Doctrine of Consular Nonreviewability - http://www.aaup.org/NR/rdonlyres/72D335AE-...FINAL080108.pdf

 

see Immigration Litigation Bulletin Aug. 2006, pg. 5 - http://www.usdoj.gov/civil/oil/Immigration...August_2006.pdf

The INA contains no provision for the judicial review of a consular officer's visa determination

[tsap seui]

Absolutely no over sight on the consulate or it's VO's and their decisions. And, there ain't gonna be, at least anytime soon. Attorneys get good press out of their news flashes, but change the DOS and it's wicked ways.....not hardly.

 

If yer lucky you get the visa, if yer not lucky, ya don't....that's how the game is played, no matter how smart you think you may be. Actually, the cub scouts of America runs a more organized, well conceived, and truthful show than the DOS runs in Guano, China.

 

Good luck, to all.

 

tsap seui

Edited November 9, 2010 by tsap seui (see edit history)