Peter Padget

[may1844]

Here is a link to a list of lawyers in southern China.

http://guangzhou.usembassy-china.org.cn/le...south_china.htm

Peter is back in the US now. Marc Ellis is a very good atorney based in Vietnam. I have heard nothing but good things about him. Lee, do you have his contact info?

Marc Ellis

marcellislaw@gmail.com

 

Hi,

I hired marc Ellis today, I hope you are right.

Thanks!

[flowers]

Hello Lee,

 

If a case is sent back to GUZ from USCIS can they deny it again for No bonafide relationship again?

 

Joe

[LeeFisher3]

Hello Lee,

 

If a case is sent back to GUZ from USCIS can they deny it again for No bonafide relationship again?

 

Joe

Supposedly no.

 

Take a look at:Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. ¡­¡±

When NOID's that are overturned by the USCIS the VO's are required to accept the USCIS's decision and not challenge the decision. But then DOS has petty fights with USCIS all the time.

 

In the cases I know about where an NOID has been overturned, GUZ has accepted the decision and issue a visa at the followup interview.

 

But then GUZ has been known to forget to return NOID cases to the USCIS in a timely manner.

 

This really gets confusing when you consider one member's wife just received her visa. They initially filed a K-1 and received an NOID, he went to China and they were married and began the process to bring his wife over, I believe they went K-3, and received their visa this week. I don't believe the NOID ever got to him, but would need to confirm this.

 

It's an extremely strange world dealing with GUZ.

[Randy W]

Hello Lee,

 

If a case is sent back to GUZ from USCIS can they deny it again for No bonafide relationship again?

 

Joe

Supposedly no.

 

Take a look at:Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. ¡­¡±

When NOID's that are overturned by the USCIS the VO's are required to accept the USCIS's decision and not challenge the decision. But then DOS has petty fights with USCIS all the time.

 

In the cases I know about where an NOID has been overturned, GUZ has accepted the decision and issue a visa at the followup interview.

 

But then GUZ has been known to forget to return NOID cases to the USCIS in a timely manner.

 

This really gets confusing when you consider one member's wife just received her visa. They initially filed a K-1 and received an NOID, he went to China and they were married and began the process to bring his wife over, I believe they went K-3, and received their visa this week. I don't believe the NOID ever got to him, but would need to confirm this.

 

It's an extremely strange world dealing with GUZ.

 

 

It's not clear that the USCIS can over-rule that a relationship IS valid, since they have never interviewed nor received any paperwork from the beneficiary. The cases we've seen overturned seemed almost intentionally left open with specific reasons cited (such as "We don't believe they intend to get married within 90 days", or an English language teacher without a means of communication). It would seem the luck of the draw as to whether GUZ uses an over-turnable reason, or whether USCIS even bothers to do anything with it.

 

After all that, I think that a case sent back to GUZ would most likely get a different VO, who would almost certainly see a valid relationship - and award the visa.

 

My contention about all this is that every white-slip case should be extensively review by several VO's before being sent back. They seem to have no clue as to the impact they have on someone's life with such decisions.

[LeeFisher3]

It's not clear that the USCIS can over-rule that a relationship IS valid, since they have never interviewed nor received any paperwork from the beneficiary. The cases we've seen overturned seemed almost intentionally left open with specific reasons cited (such as "We don't believe they intend to get married within 90 days", or an English language teacher without a means of communication). It would seem the luck of the draw as to whether GUZ uses an over-turnable reason, or whether USCIS even bothers to do anything with it.

 

After all that, I think that a case sent back to GUZ would most likely get a different VO, who would almost certainly see a valid relationship - and award the visa.

 

My contention about all this is that every white-slip case should be extensively review by several VO's before being sent back. They seem to have no clue as to the impact they have on someone's life with such decisions.

The NOID is where the consulate returns a petition based on evidence that the USCIS supposedly didn't have available at the time of approval. They are required to document the full and complete reason for their recommendation for denial.

 

When the USCIS returns the NOID case to the consulate all the evidence concerning the denial has been reviewed and an approval has been issued by the USCIS. The consulate is not allowed to reopen the door and try to find additional evidence as the reason they supplied for refusing a visa in the first place was overturned.

 

The same goes for I-601 cases, once a decision has been made in the US by DHS all obsticles are removed and the consulate must now follow the rules of issuing the visa.

[georgeandli]

I'll chime in. DOS and USCIS attack it from different views. USCIS is like the DMV, submit and go on. DOS nitpicks and looks for anything odd. I'm done with them and don't have an ax to grind. JMHO

[LeeFisher3]

I'll chime in. DOS and USCIS attack it from different views. USCIS is like the DMV, submit and go on. DOS nitpicks and looks for anything odd. I'm done with them and don't have an ax to grind. JMHO

As I recall you are one of those who challenged an NOID, wasn't the 2nd interview much different from the first?

[georgeandli]

Indeed it was, LeeFisher3! Not to hijack the OPs thread. 1st time grilled by a VO who had to call in a translator for Mandarin. Fast forward a year or so and like chilton747 three and done.

[warpedbored]

As I recall Alex was given a NOID which was overturned by the USCIS and sent back to GZ. At the interview Alex and his fiancee were pulled into seperate rooms and given the 3rd degree. GZ denied them again. In the end it turned out for the best because Alex discovered she really was a scammer. This is the only case I know of where an overturned NOID was denied again by GZ.