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Article in ABA Newsletter re: UC-China Immigration


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I have been presented with the opportunity to submit an arctile to the American Bar Associaition International Section, regarding US-China Immigration law and policy.

 

I think it is a great time to get some of our grievance with the process across. Of course, I know first hand what some of those grievances are, but I would like input from CFLers. I also would like to use the timeline data as a sample to show the backlog and wait times.

 

If you would like to contribute ideas or input, please email me at:

jamilia(at)yahoo(dot)com. Just sent a bulleted list of ideas, and provide a specific example if necessary. (No long novels please!)

 

Nooneufo, or Timline can you please send me the rawdata of the timelines???

 

I will post updates here! And I will let you know when the article is published.

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Good for you J. Give em hell. Probably the biggest complaint is the ridiculous waiting times. Second would probably be confusing forms. Third I would have to say are unfair VOs but I will admit to bias there

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Guest ShaQuaNew
If you would like to contribute ideas or input, please email me at:

jamilia(at)yahoo(dot)com. Just sent a bulleted list of ideas, and provide a specific example if necessary. (No long novels please!)

 

Nooneufo, or Timline can you please send me the rawdata of the timelines???

 

I will post updates here! And I will let you know when the article is published.

 

* Agreed, the timelines are much too long, but have a few suggestions on what might help...

 

* I don't know if the public is ready to hear about and help us with these issues in the wake of 9/11 and the War on Terror. On the one hand we all want to see the timelines reduced, but I fear bringing attention to this plight may worsen rather than help. Very tough call.

 

* Communication with real people. The INS and all associated facilities have shielded themselves from dealing with the one on one during the process. They will claim they haven't the funding or manpower to streamline and assist this process, but those of us that work in business know that there is excessive waste in this area of government. If they ran it like a business trying to make money, we'd all be with our loved ones right NOW!

 

* I know you requested direct mail, but I thought it would be helpful for everyone to see the process you're engaged. And also, thank you....

 

J & L

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Guest aosnow

the challenge is going to be to find an angle of general interest to other lawyers. The problem with the visa process is more about clerical administration than law or policy.

How much interest will there be in reading that it takes 10 to 12 months to get a fiance(e) here from china? Is it any worse than waiting 3 years to get a case to trial? or waiting 2 years at an appellate court? When compared to various statutes of limitation, a year is a short period of time.

If your piece gets published, that is grand. Good luck.

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the challenge is going to be to find an angle of general interest to other lawyers.  The problem with the visa process is more about clerical administration than law or policy.

How much interest will there be in reading that it takes 10 to 12 months to get a fiance(e) here from china? Is it any worse than waiting 3 years to get a case to trial? or waiting 2 years at an appellate court? When compared to various statutes of limitation, a year is a short period of time.

If your piece gets published, that is grand. Good luck.

Personally, I see some linkage. If the legal process of obtaining a visa were streamlined and efficient, there might be less incentive to circumvent it. I think it is a legitmate policy inquiry as to why the process is slower or slowest with respect to China. The administration may have its reasons for such a policy, but a critical analysis might still be warranted and might even cover an analsis as to why special visa categories currently exist for citizens of some countries (Cuba and Haiti immediately come to mind) and not from other countries such as China. However, I don't know if J has to limit her article to family based visas or whether it's broader than that.

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* I don't know if the public is ready to hear about and help us with these issues in the wake of 9/11 and the War on Terror. On the one hand we all want to see the timelines reduced, but I fear bringing attention to this plight may worsen rather than help. Very tough call.

 

* Communication with real people. The INS and all associated facilities have shielded themselves from dealing with the one on one during the process. They will claim they haven't the funding or manpower to streamline and assist this process, but those of us that work in business know that there is excessive waste in this area of government. If they ran it like a business trying to make money, we'd all be with our loved ones right NOW!

 

* I know you requested direct mail, but I thought it would be helpful for everyone to see the process you're engaged. And also, thank you....

 

J & L

 

They (Homeland Security and INS) are processing petitions for fiances and spouses from Middle East and Pakistan faster than those from China. If you ask me, they don't want the freedom loving and wealth pursuing Chinese who will be good for American society and economy. HS and INS want terrorists and are giving them more opportunity to enter and then catch them - GREAT FOR PUBLIC RELATIONS and PROPAGANDA. The reason for being (HS and INS) is not only to keep out terrorists but also catch them. If they don't catch a few, then the public would think the terrorists have outsmarted them and they have been stealth with entering US, or that HS has served its purpose and no longer needed, or just a farce gummint org.

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They (Homeland Security and INS) are processing petitions for fiances and spouses from Middle East and Pakistan faster than those from China.   If you ask me, they don't want the freedom loving and wealth pursuing Chinese who will be good for American society and economy.   HS and INS want terrorists and are giving them more opportunity to enter and then catch them - GREAT FOR PUBLIC RELATIONS and PROPAGANDA.  The reason for being (HS and INS) is not only to keep out terrorists but also catch them.  If they don't catch a few, then the public would think the terrorists have outsmarted them and they have been stealth with entering US, or that HS has served its purpose and no longer needed, or just a farce gummint org.

I know this isn't "PC", but I do agree with what you say. I was explaining to my SO why I feel it is not neccessary to put Chinese, among other nationalities, thru the "Homeland Security" BS. I told her that there really is no case of terrorists coming from certain countries. Of course, her level headed guess was that maybe someone could pay a Chinese to commit a terrorist act. I explained to her that only religious fanaticism and deep seeded hatred can cause certain people or groups to be so dangerous. Of course, the US gov't has to treat everyone fairly, but we all pay the price when the system could focus just on certain groups or nationalities. Sometimes I wonder where our gov't is headed.

 

Anyway, I still love the US, and I am grateful that I have a chance to bring my woman here. All the trouble that the gov't puts you thru will only make you stronger, so I suggest people stop complaining, because we still have it good. Of course, it would be better without the Bush administration raping the country for the profit of a priviliged few (Bush cabinet and all those involved in Halliburton).

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My biggest complaint is transparency. Not giving sraigt answers to questions and the shell game aproach to information on specific cases. If the process is going to take 6, 8, 12 months, be up front about it so people are not held hostage over it.

Your right. All responses are cut and pasted right of the GZ website. NVC gives us accurate data and GZ (the ones with our papers) doesn't, Why???

They think they are talking to people that aren't informed???

2,500 apps per shipment??? Puhleese....

1. K visa shipments are only 5 or 6 visas per shipment. We can check on DHL.

2. It's a US emabassy in China, US citizens don't need GZ to enter China. So all apps are only for those Chinese citizens wanting to enter the US.

3. GZ is the only US embassy in China that does K visa's. There are 7 other US embassies in China.

4. assuming they had only 1 shipment per month, that would total 30,000 visa's per year out of the GZ embassy alone.

 

It only makes it more aggravating knowing I'm being lied to. Like you said Jim, be straight.

 

http://uscis.gov/graphics/shared/statistics/index.htm

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My biggest complaint is transparency. Not giving sraigt answers to questions and the shell game aproach to information on specific cases. If the process is going to take 6, 8, 12 months, be up front about it so people are not held hostage over it.

Jim,

 

Thank you for your inquiry, the answer to your question is Blue.

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I worked for the government many years and dealt with Federal Regulations. In my opinion the need for the consistency of following the Federal regualtions in regards to Visa approvals must be followed and not left to the interpretation and whims of any staff member of a overseas Consulate whose job is to process the Visa in accordance with the Federal regulations. In reading many of the processes here , I come to the conclusion that the Guangzhuo Consulate is not consistant with following the Federal regulations for K-1 Visa or others. For example the regulations say a USA Citizen must meet his/her financee at least once, yet some Staff members want prove beyong this , wanting seveal meetings??? Maybe this is where a lawyer can help.

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I worked for the government many years and dealt with Federal Regulations. In my opinion the need for the consistency of following the Federal regualtions in regards to Visa approvals must be followed and not left to the interpretation and whims of any staff member of a overseas Consulate whose job is to process the Visa in accordance with the Federal regulations.  In reading many of the processes here , I come to the conclusion that the Guangzhuo Consulate is not consistant with following the Federal regulations for K-1 Visa or others. For example the regulations say a USA Citizen must meet his/her financee at least once, yet some Staff members want prove beyong this , wanting seveal meetings???  Maybe this is where a lawyer can help.

Exactly!

I ask (actually Bitched At) my legal aide telling him to send me all copies of the documents we have filed. He said those aren't required for the interview. I told him the crap being requested, video tapes, "notarized" copies of the USC passport, etc... he was shocked to say the least.

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