whys and hows

[warpedbored]

Good question. Maybe one of our lawyer members will chime in.

[johnxiaoying]

Try this link.

 

http://www.usdoj.gov/04foia/foiacontacts.htm

[chilton747]

Try this link.

 

http://www.usdoj.gov/04foia/foiacontacts.htm

 

Dang man you good B) thanks a bunchhhhhhhhhhhhhhhhhhhh

[cosmiclobster]

This is the same gd bureaucracy that was caught with their pants down and ..(fill in the blank)........that renewed student visas for some of the 911 terrorists, several months after they were dead.

 

The people that most often end up at the top of the government agencies do not get there by their knowledge and hard work but by who they knew or blew. This is the same government that oversaw hurricane Katrina relief and put in their top administrators. The same government that has handed out lucrative no-bid contracts to Haliburton.

 

The bureaucracy is usually inept and incapable, and we all see it in our immigration laws and enforcement. Special strokes for special folks.

 

This is it in a nutshell.

The entire govt is suffering from severe HUTAS (head up the a$$ syndrome)

The inequities from one dept to another are enormous.

The immigration process from some countries takes 3 months, some countries take 3 years. Some cities make you wait 3 months for a green card, in others you wait 2 years.

 

The VO can act on a gut feeling with no evidence or other rhyme or reason, with no fear of recourse for bad judgement when he didn't even have to bother to look at your evidence.

He has the power of GOD and there is not a damn thing you can do about it.

Is this a totally assinine way to run the govt? Yes. Will they do anything about it? Sure, right after pigs learn to fly.

 

We are trying to show the world how good democracy is (while we shove it down the throat of a handful of countries) when right here at home, it takes 3 months and several courts to be able to "count" the vote for president. Have we done anything to standardize the voting process to be assured that the president is who appears to have won really did win. No.

We'll take care of that minor detail right after pigs grow wings.

 

(yes, this is a rant but you can't tell me I've said anything false!!!)

Edited September 5, 2006 by cosmiclobster (see edit history)

[rlheim]

Try this link.

 

http://www.usdoj.gov/04foia/foiacontacts.htm

 

 

 

Ok...........one more post.

 

Thank you thank you thank you, don't know if it will help but.....

[warpedbored]

Try this link.

 

http://www.usdoj.gov/04foia/foiacontacts.htm

 

 

 

Ok...........one more post.

 

Thank you thank you thank you, don't know if it will help but.....

Can't hurt. Information is your friend.

[SirLancelot]

These problems are not unknown to the government... although they probably don't have very strong motivations to change some items in this ever increasingly paranoid state of terrorism they present.

 

Compare Canada where you can get a spousal visa for a chinese national in just a few months... however rational some answers might be to the questions posed, the bottom line is that it's a political issue. So, I'm not sure I'll get caught up in that.

 

But look at the reports put out by the CIS Ombudsman to realize that the problems/issues are known and reported to USCIS:

 

http://www.dhs.gov/dhspublic/interapp/edit...torial_0482.xml

 

David, thanks for this link. I wasn't aware of this little sub branch of DHS.

 

I'm going to read through much of the recommendations, but even from reading one of the suggestions, I can see that this department indeed does a lot of critical analysis in their recommendations.

 

I'm sorry that many of the members feel frustrated about the long waits--as do I--but it does seem indeed there is at least one sub-section in DHS which is looking into the problems and is providing concrete and detailed plans as to how to fix some of the problems. Whether or not USCIS actually implements the recommendations is another matter. And that is where we can come in. I think it's incumbant upon US to write our Congressmen and Senators and have them compel USCIS to quickly implement those recommendations by the CIS Ombudsman.

 

The idea here isn't to convince our elected reps that we know better--as honestly, I don't think we know better than the analysts who are actually in touch with all the departments and can see exactly what and where the problem lies. The idea here is to convince our elected reps that there is already a divsion who actually studies the problems and have come up with detailed and concrete plans/recommendations for improvement within the DHS. We need to get convince our elected reps to make USCIS actually implement these improvements.

[warpedbored]

I would like to know if any of the ombudsman's suggestions have ever been implemented. I see no improvement in GZ from when I filed 3 1/2 years ago. Timelines are still pretty much the same and blueslips are getting harder to overcome. When we went through the over come process you bring your evidence to the consulate and hand it through the window, come back the next day and maybe have another interview that same day. Now you have to make an appointment and come back god knows when so a VO can look at a piece of paper he refused to look at at the intitial interview.

[SirLancelot]

I would like to know if any of the ombudsman's suggestions have ever been implemented. I see no improvement in GZ from when I filed 3 1/2 years ago. Timelines are still pretty much the same and blueslips are getting harder to overcome. When we went through the over come process you bring your evidence to the consulate and hand it through the window, come back the next day and maybe have another interview that same day. Now you have to make an appointment and come back god knows when so a VO can look at a piece of paper he refused to look at at the intitial interview.

 

Sorry to say but the Ombudsman (at least this one) is for USCIS only. USCIS is under DHS and GUZ is under Department of State. Any improvements suggested by this Ombudsman of CIS would not be heeded by the DoS or GUZ.

 

I wonder if there is an equivalent Ombudsman's office in the State Department.

Edited September 5, 2006 by SirLancelot (see edit history)

[david_dawei]

Yes.. good point... this is CIS.. so not directly affecting DOS / GUZ... I would suggest that it does indirectly.

 

USCIS set expectations and guidance on issues related to the consulates.. case in point: The returning of petitions based on recommendations for revocation. USCIS has stated quite strongly what they expect the VOs to be doing in regards to this, since it is being put back on USCIS's lap.. where ligitation can occur (there's no judical review for visa denials but there is for returned petitions), time can be wasted, etc.

 

The Ombudsman makes quite broad recommendations based on inefficiencies, backlog, and just silly process issues ranging from visas to employment authorization documents. It seems the latter issue could find alot of change in the future as they recognize that K1s should not require an EAD to work and rhetorically stated they saw no reason for it (based on the USCIS's own regulations and lack of consistent handling of other visas in the same classification)...

[warpedbored]

Yes David this bears directly on an issue I mentioned earlier. If you read the 9 FM reasons for a denial and a case to be sent back to USCIS it appears to me that they are overstepping the bounds. Alex's case comes to mind. It was sent back due to 3rd party corespondence, reapproved by USCIS and sent back to GZ. At the second interview as I recall Alex was called into a seperate room and him and his wife were raked over the coals and denied again. I don't know if they ever did overcome. This particular case smells to me. It almost seems as if they were bound and determined not to let the USCIS over rule them.

[david_dawei]

It almost seems as if they were bound and determined not to let the USCIS over rule them.

 

 

I don't doubt if there is even some small sort of inter-agency 'sibling rivalry' between DHS and DOS... With DHS (authority over petitions) telling DOS (authority over visas) what to do about returning cases... and DOS in recalcitrant response to what DHS says. Ellis's articles are quite revealing about this stuff and it's bothersome on some level...

[warpedbored]

I find it more than bothersome. I find it tragic that peoples lives can be jerked around so callously by a consulate that appears to making their own rules without having to answer to anyone.

[hypoclear]

If people will not accept the current answers as to why a process is the way it is.. then there is really no answers being sought in effect;

 

there is disagreement to the current message. There is criticism of the process.. which can lead to an emotionally based desire for a 'call to action'. This is a rant by definition.

 

RANT

1. A criticism done by ranting.

2. A wild, incoherent, emotional articulation.

3. An exposition written,or more often oral,where emotionality supersedes rationality. Its purpose is a call to action, often identifying a target for ire and a path to resolution. Due to the pejorative connotation of the term it is a descriptor that is often subjective, most often applied to messages disagreed with.

 

 

If one wants to get some action going.. I don't see this thread as doing it... A well thought through outline of the issues we continually see should be sought and submitted to CIS Ombudsman...

 

I don't believe there IS any answer. People are just speculating on a closed system. A thought ran thru my mind regarding all of this. Rumor and grapevine chat is very very strong in China. Many people take advantage of this insecurity and the constant unknown, just view the many many helpful people around the embassy who will HELP fill out your paper work for a FEE. I personally wouldn't trust them and if it were an issue for my SO I'd download the forms, fill them out and mail to her to re-fill them out in her hand writting.

 

You need some insight into the culture also. It is an authoritative one where by people are treated harsely and with whim by officials, GZ works this way, which I know from experience in person. Or rather the immigration / visa section. Go to ACS as a citizen and after your SO has her visa and it is a very different experience. I believe it is a detterent or at least that is part of the reason.

 

Believeing that if you do things correctly etc etc and it will all work out is I think a mild form of blaming the victim. Number one few people ever do something like this so newness is a problem, number two the people and organization in charge of this process have more experience and have a wider broader view of the process. CFL is putting the peices together each day and still hasn't gotten a complete picture of it and most likely never will. Lastly I think it is just a control issue in that one can feel they are in complete control, by dotting all the I's and crossing all the T's. While this may be comforting to people and give them security it may also lead to frustration when that plan doesn't work out. But no real harm done. It is just a long hard process but alot easier with the help and support of the members of CFL.

 

The truth is, you will get your visa, I think we have only seen 1 or 2 cases of no visa if that. I think there was one sent back to the states recently so it is still undecided.

 

So I guess each takes their comfort where they can and helps in their own way. This might be the next most valued thing you will learn after your SO.

 

Don't give up, have faith and look to your future! If more of the Old Timer's were here they'd tell you in a minute how when you hear those words.. "I have my Visa." The weight is off and the past is but a memory, in an instant B)

 

Mark

[david_dawei]

know how to make a freedom of information request concerning your case,

 

 

 

Above is an example of how conversations like this can bring some new information to a person. This thread my not seem constructive to everyone, but it has been for me.

There have been 2 new revelations for me. 2 new paths given to explore.

 

Thanks for the dictionay explaination of ranting.

I am sorry if it seems like I am ranting

 

So how does one learn how to make a freedom of information request concerning my case?

 

I'm not sure this is the correct avenue for your situation and case.. but thought I would post it:

 

 

HOW TO MAKE A FOIA REQUEST

http://foia.state.gov/foiareq/foialetter.asp