Slips

[jasal]

Okay... so we all know that a pink slip after interview is PASSED!!! And that a blue slip means that the VO wasn't happy with the interview or information given to them to convince them that the relationship is valid and you now have to overcome this slip with more evidence. A white slip means the end of the road in most cases, that your package is being returned to USCIS. I can mostly understand in some instances where a blue slip would be issued for more information. But what in the world would cause a VO to issue a SO a white slip? Basically USCIS has "approved" you already and when the Visa Center finishes their part of the process, all the VO is "supposed" to be doing at the interview is making sure everything adds up and that there's no evidence of fraud. Based on immigration law the VO has to have overwhelming evidence that shows that what you told USCIS is false or that you or your fiancee are not what you say you are. So what would cause a VO to issue a white slip to someone? A blue slip is bad enough, but white?

[chilton747]

Okay... so we all know that a pink slip after interview is PASSED!!! And that a blue slip means that the VO wasn't happy with the interview or information given to them to convince them that the relationship is valid and you now have to overcome this slip with more evidence. A white slip means the end of the road in most cases, that your package is being returned to USCIS. I can mostly understand in some instances where a blue slip would be issued for more information. But what in the world would cause a VO to issue a SO a white slip? Basically USCIS has "approved" you already and when the Visa Center finishes their part of the process, all the VO is "supposed" to be doing at the interview is making sure everything adds up and that there's no evidence of fraud. Based on immigration law the VO has to have overwhelming evidence that shows that what you told USCIS is false or that you or your fiancee are not what you say you are. So what would cause a VO to issue a white slip to someone? A blue slip is bad enough, but white?

 

3rd party interference and profiling comes to mind. You need to know that life in China and the USA is not the same.

[Guest pushbrk]

Okay... so we all know that a pink slip after interview is PASSED!!! And that a blue slip means that the VO wasn't happy with the interview or information given to them to convince them that the relationship is valid and you now have to overcome this slip with more evidence. A white slip means the end of the road in most cases, that your package is being returned to USCIS. I can mostly understand in some instances where a blue slip would be issued for more information. But what in the world would cause a VO to issue a SO a white slip? Basically USCIS has "approved" you already and when the Visa Center finishes their part of the process, all the VO is "supposed" to be doing at the interview is making sure everything adds up and that there's no evidence of fraud. Based on immigration law the VO has to have overwhelming evidence that shows that what you told USCIS is false or that you or your fiancee are not what you say you are. So what would cause a VO to issue a white slip to someone? A blue slip is bad enough, but white?

 

I'm not under the impression that a VO needs overwhelming evidence of fraud but simply credible and/or compelling evidence. When a return to USCIS with recommendation to revoke follows a blue slip, I take it to mean the parties failed to sufficiently overcome a credible suspicion of fraud. As Don has already mentioned, the USCIS approval doesn't mean much more than that the benificiary and and petitioner have demonstrated they have met and/or married and provided enough biographical inforamation to determine that the beneficiary qualifies to apply for a visa as a wife or fiance of a US Citizen.

 

I'm not saying this is the way it should be. I'm giving my observation of what I see actually happening.

[david_dawei]

This is definitely where law and life don't appear to us to agree; what we think the law/regulation/guidance is saying and what we observe as occurring appears at odds; But Don is right: Ultimately, we don't know in most cases what the consulate truly has.

 

I do think there is supposed to be more than just credible evidence.. compelling is probably closer, but can carry the idea of overwhelming

 

The guidance from DHS to DOS is well documented, but a few notes:

- "BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law."

- "The report must be comprehensive, clearly showing factual and

concrete reasons for revocation. The report must be well

reasoned and analytical rather than conclusory. Observations

made by the consular officer cannot be conclusive, speculative,

equivocal or irrelevant."

- "In the absence of hard, factual evidence of fraud, misrepresentation, or ineligibility for status, consular sections are advised to issue the visa, assuming the alien is otherwise qualified, or if further investigation is warranted and holds a potential for resolving post''s concerns, use a 221(g) refusal to obtain additional information. "

 

The last comment reveals the basis for most revocations/denials:

1) Fraud

2) Misrepresentation

3) Visa ineligibility

 

I have been thinking about a comment made in the regulations, that there is a difference between revocation of an approved petition and denial of the visa application. I think the former is understood easily enough (file sent back to US); the latter is the more typical 221g, resulting in overcome... But we do see that if overcome is not sufficient enough times, it can flip to revocation.

 

Somewhere inbetween is Administrative Review which can be quite benign (review documents) to malignant (review beneficiary's involvement or past activities).

[chilton747]

The petition filed with USCIS is simply to get approval for an alien to apply for a visa - nothing more. When approved, the beneficiary *may* apply for a visa. The State Deparment (DOS) is responsible for determining whether someone gets a visa. Two different departments - two different roles.

 

DOS accumulates info on the applicant through the numerous background checks, submitted forms and during the interview. They are the ones who determine if the relationship is valid and to sniff out visa fraud. It's impossible to know what they have. As Chilton said, it could be 3rd party correspondence. Perhaps a jealous friend, relative or co-worker decides to sabbotage them; all it takes is a little personal info and a letter to GUZ. Perhaps the applicant sought advice from one of the visa helper services and that relationship went sour.

 

White slips are infrequent, but they do happen. I think we have 3 or 4 members in that boat right now. Why did they get white-slipped? I'm not sure they know.

 

I still don't know at this time. Believe me the white slip has taken a major portion of my mind. And I didn't seek advice from any service. I only sought advice and help from my elected officials. You can be certain than when I find out the real reason for the white slip then CFL will know.