START ALL OVER & Denial - Merged

[chilton747]

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"!??!?!

I was in this same mode for a few months. It drove me too. I think if they really wanted us to know then they would have put the entire section number on the white slip. Did you see how USCONGUZ replied to my post about how long does it take for the petition to go back to the states? Just a generalized answer which is exactly what I expected. I think if you post your question to them you too will get the same type of answer I got. I truly think that this "section 5A" is only a formality that is written on the document and applies to only what they want it to. In other words, a standard fits all denial form and nothing else.

Go ahead, post it, I dare you

[david_dawei]

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

This was added to INA section 212(a)(3)( B ).. TERRORIST ACTIVITIES, as a footnote to define these organizations.

 

CCP issues are inadmissible under INA 212(a)(3)(D)

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

[Randy W]

What our lawyer told us is that here in Houston, they have one lawyer who oversees all Houston Immigration Officers. It's up to each IO to take notes and know how to respond to each situation. So what you'll see is garbled reasons, form responses, and a lot of nonsense. Then, before it gets to a court hearing, the lawyer has a chance to review the charges, make sense out of them, and/or dismiss the case.

 

In our case, the IO knew she was supposed to reject the K-2, but didn't know why. So the charge is that he became 21 before the interview, was no longer able to draw "derivative" status, and hence his AOS application wasn't valid, so he must have overstayed his K-2 visa. Our lawyer asked the ICE lawyer if that's what their position would be - she said she would get back to us. The lawyer hopefully will figure out the "derivative" status was used to get the visa, and is not needed for AOS.

 

I'm sure it works the same way at GUZ, but you have absolutely NO access to their inner workings, with or without a lawyer.

[BrokenHeart]

I am going to have to wife call. They have spoke with her before.

 

If the File is still there, what do I say to them keep it in GUZ until I re-file the marriage form ???????

 

Help me please

[tywy_99]

The best of luck to you, BH.

I know it hurts. Try to fight it out. Maybe things will turn around for you. Call Guangzhou. They have a contact page on their website. There's a price you have to pay to call the IV unit. You can pay online, I think. Call them and sort it out. Let us know how it goes.

[LeeFisher3]

It is doubtful that your wife can actually reach the consulate, most reach the call center which is only able to provide limited information.

 

Without an attorney at this point you have very little or no ability to retain the petition in GZ. Others in your situation have delayed believing it is possible to do something without success.

 

You will need to spend some money to attempt to get the petition held in GZ and receive another opportunity to present overcome evidence.

 

If you choose to wait you will need to wait until you are notified by USCIS and address the case in the US.

[tywy_99]

Thanks, Don

 

I posted the question to USCONGUZ. I can't find anything on it.

 

Go for it, Ty.

 

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"!??!?!