Official Business Letter from DOS

[kkimm]

Here is what I received in the mail today:

 

Dear Mr. XXXX:

 

This is in response to your facsimile of March 31, 2003, to Secretary Powell conveying a copy of your letter to Senator Hatch regarding the time it is taking to process your immigrant visa by the Consulate General in Guangzhou.

 

The immigration and Nationality Act (INA) requires all aliens coming to the US to have a visa appropriate for the purpose of entry into the U.S.. The procedures required to obtain each type of visa, whether non-immigrant or immigrant, are designed to ensure that the applicant is in fact entitled to the visa. In the case of individuals desiring to live in the U.S., they must have an immigrant visa. People coming to live in the U.S. clearly must undergo a more thorough process to determine eligibility than those merely coming, for example, for study (e.g. an F-1 or J-1) or temporary work (e.g. an H1- B ). The application procedures for immigrant visas therefore are more complex, and perforce lengthy, because of the need make certain an applicant meets the eligibility requirements specified in the INA for obtaining legal permanent residency.

 

...

 

We hope this information is helpful.

 

Sincerely,

signed by

 

Lisa Piascik

Director

Office of Public and Diplomatic Liaison

Visa Services

 

-------------------------

Here is the linke to the law I found at INS website:

 

http://www.immigration.gov/lpBin/lpext.dll...ame.htm#slb-act

 

I sent a fax to Senator Hatch (Chairman of Judiciary Committee) and cced the fax to Mr. Powell's office 2 weeks ago. I will make a follow-up tomorrow.

 

Please pin this for a few days so everybody get to know about this INA stuff, first time I've ever heard about that. A quick read points the background check to FBI (Act 105)

[Eric&Yuhui]

Nice B.S letter that states the obvious.

[avastar]

Thanks for this information. I'm new to this forum and I'm trying to assimilate myself to it. I 'm currently in the namecheck phase awaiting the P4 and interview date. One question I cannot get an answer to has been how the DOS or Guangzhou Consulate can change the K3 nonimmigrant status of my wife to an immigrant status. Thus causing the excruciating delays we are all experiencing. If what Ms. Piascik says is true and they are currently abiding by the INA instead of the LIFE Act, then again the question is how can the DOS or the Guangzhou Consulate change our K3 nonimmigrant status to an immigrant status. Check out your link and go to INA Act 101 Definitions #(15) K. The Immigration and Nationality Act just like the LIFE Act still classifies us as K3 nonimmigrants, which should have a 3-5 week turn around time.

 

Will someone please explain this to me? Thanks

[Eric&Yuhui]

Thanks for this information. I'm new to this forum and I'm trying to assimilate myself to it. I 'm currently in the namecheck phase awaiting the P4 and interview date. One question I cannot get an answer to has been how the DOS or Guangzhou Consulate can change the K3 nonimmigrant status of my wife to an immigrant status. Thus causing the excruciating delays we are all experiencing. If what Ms. Piascik says is true and they are currently abiding by the INA instead of the LIFE Act, then again the question is how can the DOS or the Guangzhou Consulate change our K3 nonimmigrant status to an immigrant status.  Check out your link and go to INA Act 101 Definitions #(15) K. The Immigration and Nationality Act just like the LIFE Act still classifies us as K3 nonimmigrants, which should have a 3-5 week turn around time.

 

Will someone please explain this to me? Thanks

Unfortunately, all the processing times reported pre-SEP2001 or otherwise published as "official" went out of the window after 9/11.... Ripples are still being felt.

So, it's fly by the seat of your pant processing these days, whatever INA, LIFE or whatever states. Your apparent status change ( and I don't know the specifics ) supports the above.

[avastar]

Hi donahso,

 

Thanks for the welcome and for the considered response. Definitely the best explanation / update of the K3 status that I've been able to ascertain. Still doesn't really explain the authority that DOS uses to change the status to immigrant, but I think what your saying is that they don't need any authority other than themselves.

 

Believe me in this forum I will not complain about my timing I'm sure my status is much more appealing than most, especially the "black holers". However, that doesn't mean I have to like it, as I'm sure no one else does. Thanks again, this appears to be a great forum and should allow me to stay attuned with current circumstances.

[Mick]

Welcome avastar! Good to have you aboard.