START ALL OVER & Denial - Merged

[chilton747]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

[chilton747]

As others have told you in the other thread, you need to do your utmost to keep the case in GZ. Don't screw around, move fast. Get a lawyer in GZ to try and keep the case there. Once the case leaves GZ it is much more difficult to overcome.

Good luck

 

It looks like it's a little bit late for that now. Just because it is still in GZ doesn't mean that it is still open for a lawyer to rebut.

[tywy_99]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

[david_dawei]

all the white slips have this "5A" reference.. so I doubt this is a CCP reference. CCP issues are on the back of the blue slip and don't play usually out as this OP denial does.

 

the problem with that "5A" reference is that INA 212 starts with (a) and then lists about 10 items. If you go to (a)5A, this is for Labor issues.

 

I once tried to track this down and had an old "white slip" which was cut off in the copying process, but all that was shown was:

 

??2 (a)(5)(A)

 

which seems to align with the current use of 5A but doesn't make sense once it is tracked down to the INA 212 sections...

 

I think it's possible that the sections changed but the document was not updated.. in any case, it means it goes gets processed to be returned to USCIS in the US...

 

as Carl says, take the preemptive step now to keep it in GUZ...

[chilton747]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

[tywy_99]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

This section of the act primarily addresses "TERRORIST ORGANIZATIONS" but can also be construed as any organization that poses a threat to national security. Membership in the CCP conveniently fits under this section of the act.

 

 

INA: ACT 212 FN 5a

 

 

 

FN 5a Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c ) of Public Law 107-56 for information concerning retroactive application of amendments.

 

FN: foot notes for section 212 of the Immigration and Nationality Act 1952

[chilton747]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

This section of the act primarily addresses "TERRORIST ORGANIZATIONS" but can also be construed as any organization that poses a threat to national security. Membership in the CCP conveniently fits under this section of the act.

 

 

INA: ACT 212 FN 5a

 

 

 

FN 5a Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c ) of Public Law 107-56 for information concerning retroactive application of amendments.

 

FN: foot notes for section 212 of the Immigration and Nationality Act 1952

Ok I was not reading the footnotes. I am reading the actual section 5 (A) with A being a capital letter as in the denial white slip. This is what I see:

 

(5) Labor certification and qualifications for certain immigrants.-

 

 

(A) Labor certification.-

 

 

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

Anyway, I guess we could hypothesize all day long about "what do they mean?" Bottom line is that they said NO to the visa and we do not have any choice but to wait it out or go on with our lives as we see fit. Looks like I am the "King of Wait" in another catagory

[BrokenHeart]

I would imagine the case is back in the USA since this happened NOV./06.

It would not still be at the GZ office..................would it.

 

I can have the wife call and find out??

[chilton747]

I would imagine the case is back in the USA since this happened NOV./06.

It would not still be at the GZ office..................would it.

 

I can have the wife call and find out??

My case was denied in August of 2006. Last month I sent an email to GZ. They responed by saying that they still had the petition and that my fiancee would get a letter from them when they send the petition back to the US. So far no letter. A friend of mine that was denied at the same time just told me that his fiancee just got her letter from GZ.

Edited July 21, 2007 by chilton747 (see edit history)

[tywy_99]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

This section of the act primarily addresses "TERRORIST ORGANIZATIONS" but can also be construed as any organization that poses a threat to national security. Membership in the CCP conveniently fits under this section of the act.

 

 

INA: ACT 212 FN 5a

 

 

 

FN 5a Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c ) of Public Law 107-56 for information concerning retroactive application of amendments.

 

FN: foot notes for section 212 of the Immigration and Nationality Act 1952

Ok I was not reading the footnotes. I am reading the actual section 5 (A) with A being a capital letter as in the denial white slip. This is what I see:

 

(5) Labor certification and qualifications for certain immigrants.-

 

 

(A) Labor certification.-

 

 

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

Anyway, I guess we could hypothesize all day long about "what do they mean?" Bottom line is that they said NO to the visa and we do not have any choice but to wait it out or go on with our lives as we see fit. Looks like I am the "King of Wait" in another catagory

Damn computer!!...I lost everything I typed including a subclause I wanted to post. Now I can't find the clause through all the volumes of law. It stated something about being in the communist party.

Is this the reason for the denial? Communist Party affiliation?

Sorry about losing all that good info I typed!

I did type that I am just inferring from the INA and am not completely sure if it is right but it's all I can find and it sounds reasonable.

[tywy_99]

Is both of the denials due to communist party affiliation?

Edited July 21, 2007 by tywy_99 (see edit history)

[chilton747]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

This section of the act primarily addresses "TERRORIST ORGANIZATIONS" but can also be construed as any organization that poses a threat to national security. Membership in the CCP conveniently fits under this section of the act.

 

 

INA: ACT 212 FN 5a

 

 

 

FN 5a Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c ) of Public Law 107-56 for information concerning retroactive application of amendments.

 

FN: foot notes for section 212 of the Immigration and Nationality Act 1952

Ok I was not reading the footnotes. I am reading the actual section 5 (A) with A being a capital letter as in the denial white slip. This is what I see:

 

(5) Labor certification and qualifications for certain immigrants.-

 

 

(A) Labor certification.-

 

 

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

Anyway, I guess we could hypothesize all day long about "what do they mean?" Bottom line is that they said NO to the visa and we do not have any choice but to wait it out or go on with our lives as we see fit. Looks like I am the "King of Wait" in another catagory

Damn computer!!...I lost everything I typed including a subclause I wanted to post. Now I can't find the clause through all the volumes of law. It stated something about being in the communist party.

Is this the reason for the denial? Communist Party affiliation?

Sorry about losing all that good info I typed!

I did type that I am just inferring from the INA and am not completely sure if it is right but it's all I can find and it sounds reasonable.

Man I hate it when that happens. I have done that a time or 2 myself. I am not sure if you are asking me or Brokenheart but my fiancee was never a member of the CP.

[chilton747]

Is both of the denials due to communist party affiliation?

Mine definitely was not.

[tywy_99]

Is both of the denials due to communist party affiliation?

Mine definitely was not.

Then maybe I'm barking up the wrong tree.

I was not able to find a "section 5A".

I wonder if Don will let me post the question to USCONGUZ?

Do I have your permission, Don?

I am all caught up in this and would really like to know what a "section 5A" is.

I can not find anything definitive about what a "section 5A" is. As close as I can get to it is communist party affiliation and I am not sure if that is correct since chilton747 says it is not. So I beg the question; what is a "section 5A"!??!?!

[tywy_99]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

http://candleforlove.com/FAQ/revocation_1.jpg This is what the form looks like. I think they put only 5A on purpose as they do not have hardcore evidence that fraud exists. They only have a gut feeling therefore this gut feeling can't be listed with a proper subsection.

I think I've found it.

Section 5A under act 212- ch. 2 of the INA addresses, in our cases, membership in the CCP. Does that make sense?

 

The act 212 (5) (A) that I see has to do with labor certification. This had nothing to do with my case. Again one might ask himself why they did not put the entire code on the white slip.

This section of the act primarily addresses "TERRORIST ORGANIZATIONS" but can also be construed as any organization that poses a threat to national security. Membership in the CCP conveniently fits under this section of the act.

 

 

INA: ACT 212 FN 5a

 

 

 

FN 5a Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c ) of Public Law 107-56 for information concerning retroactive application of amendments.

 

FN: foot notes for section 212 of the Immigration and Nationality Act 1952

Ok I was not reading the footnotes. I am reading the actual section 5 (A) with A being a capital letter as in the denial white slip. This is what I see:

 

(5) Labor certification and qualifications for certain immigrants.-

 

 

(A) Labor certification.-

 

 

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

Anyway, I guess we could hypothesize all day long about "what do they mean?" Bottom line is that they said NO to the visa and we do not have any choice but to wait it out or go on with our lives as we see fit. Looks like I am the "King of Wait" in another catagory

Damn computer!!...I lost everything I typed including a subclause I wanted to post. Now I can't find the clause through all the volumes of law. It stated something about being in the communist party.

Is this the reason for the denial? Communist Party affiliation?

Sorry about losing all that good info I typed!

I did type that I am just inferring from the INA and am not completely sure if it is right but it's all I can find and it sounds reasonable.

Man I hate it when that happens. I have done that a time or 2 myself. I am not sure if you are asking me or Brokenheart but my fiancee was never a member of the CP.

I want to post the question to USCONGUZ. I think it is a legitimate question but I will wait for either approval or denial to do so.