Class Action

[may1844]

Hi everyone,

I was thinking that If the people got white paper without any explanations which they are in a thousands each year in all Consulates. we can start "Class Action Lawsuits".

I really don't want other people in future go through this anymore. We all American and deserve to be treated fair.

We may able to change the unfair treatment of all consulates, denying people without given any reasons.

I will ask my attorney If we have enough people or If we have an attorneys here.

Thanks!

[warpedbored]

This subject comes up regularly. In short you can't file suit because your sweet heart isn't a US citizen or LPR. Your sweet heart has no rights yet. You on the other hand have the right to marry anyone you wish but that doesn't entitle them to a visa. Their eligibility is completely dependent upon their qualifications set by immigration law. That same immigration law gives the VO wide discretion with a catch all denial reason of no bona fide relationship.

 

You would be more productive to join an organization such as American Families United who is trying to change immigration law.

[Sebastian]

I was hot and bothered for about 8 months about this - ie - 'no reason given'.

 

Then I thought - ok - so - if yer denied, and you're given the reason, in real time - then what ?

 

How 'much better' are you, in knowing the real reason?

 

What if the real reason indicated the petitioner is an idiot, incapable of properly filling out the forms for the beneficiary?

 

What if the real reason indicated that the beneficiary was part of a known human smuggling ring ?

 

Seriously - if GUZ tells you in real time, the reason for the denial. THEN WHAT ARE YOU GOING TO DO WITH THIS INFORMATION?

[heyjimi]

I was hot and bothered for about 8 months about this - ie - 'no reason given'.

 

Then I thought - ok - so - if yer denied, and you're given the reason, in real time - then what ?

 

How 'much better' are you, in knowing the real reason?

 

What if the real reason indicated the petitioner is an idiot, incapable of properly filling out the forms for the beneficiary?

 

What if the real reason indicated that the beneficiary was part of a known human smuggling ring ?

 

Seriously - if GUZ tells you in real time, the reason for the denial. THEN WHAT ARE YOU GOING TO DO WITH THIS INFORMATION?

Hey Darnell,

True there isn't much you can do.Hell,even knowing the reason,as i was given a reason,there isn't much i can do,I have plenty of evidence to disprove their claims,but if my wife is not able to give this to a "VO"what is the point,so in a way having known the reason might still do me no good.

It is human nature to want to know why.

plus if they had to give a real reason,i think there would be less denials,because they would have to justify their reason behind the denial.as you said,it could very well be....something very stupid,like,Hell,i don't like this person,or the husband reminds the officer of her EX,or the officer is on the rag,or didn't have sex the night before.Or is having problems in their own lives,is not focussed,is burnt out.....i mean use your imagination,with secrecy,nothing has to be jusified,and if you are dealing with peoples lives,a denial should be justified,and maybe they are.....but its all hush hush.

[Sebastian]

Ramin -

 

I'd be more interested in a class action lawsuit that changed the way interviews were handled - ie -

 

if a blue slip was to be issued, the beneficiary would be told right then and there, and if the evidence was in HER HANDS already, be accepted as rebuttal, to be evaluated within a 3 day (only) period.

 

THAT; I would support with money. Lawyers aren't cheap, ya know.

[may1844]

Ramin -

 

I'd be more interested in a class action lawsuit that changed the way interviews were handled - ie -

 

if a blue slip was to be issued, the beneficiary would be told right then and there, and if the evidence was in HER HANDS already, be accepted as rebuttal, to be evaluated within a 3 day (only) period.

 

THAT; I would support with money. Lawyers aren't cheap, ya know.

 

Hi,

Your idea is great and fair. I will pay If I know in future nobody else go through this. I have to wait another 8 months for an interview , and I don't know why in first palce we got denied?

[heyjimi]

Ramin -

 

I'd be more interested in a class action lawsuit that changed the way interviews were handled - ie -

 

if a blue slip was to be issued, the beneficiary would be told right then and there, and if the evidence was in HER HANDS already, be accepted as rebuttal, to be evaluated within a 3 day (only) period.

 

THAT; I would support with money. Lawyers aren't cheap, ya know.

 

Hi,

Your idea is great and fair. I will pay If I know in future nobody else go through this. I have to wait another 8 months for an interview , and I don't know why in first palce we got denied?

 

Hey Ramin,

keep in mind too,if a class action suit were possible,in the end,would this help, getting your SO over here any quicker?Dealing with what we are dealing with here ,corrupt power,theres a good chance,you might jeopardize getting her here all together. In the end,you might be a hero,still without your sweet lady.I mean,i am with you,on this one.I have vowed to be a part in getting these laws changed.For now,all i am getting is roadblocks.

By the way,how is Marc Ellis doing on your case?

Anyway,My wife and I put ourselves in the "VO's" shoes,and looked at everything,and tried to see what they were seeing,for us,we figured,it could be our short timeline.which turned out to be the case.And as Darnell said,knowing this doesn't change anything, has not calmed me any,hasn't given me any confidence in this dysfunctional system,i am still angry as hell.I am confident we can disprove their suspicions,and get the pink,I am not confident,anyone in GUZ will take the time to listen.which sucks..... But this is the road we are on.

let the games begin !!!!!

 

Jimi

[may1844]

Ramin -

 

I'd be more interested in a class action lawsuit that changed the way interviews were handled - ie -

 

if a blue slip was to be issued, the beneficiary would be told right then and there, and if the evidence was in HER HANDS already, be accepted as rebuttal, to be evaluated within a 3 day (only) period.

 

THAT; I would support with money. Lawyers aren't cheap, ya know.

 

Hi,

Your idea is great and fair. I will pay If I know in future nobody else go through this. I have to wait another 8 months for an interview , and I don't know why in first palce we got denied?

 

Hey Ramin,

keep in mind too,if a class action suit were possible,in the end,would this help, getting your SO over here any quicker?Dealing with what we are dealing with here ,corrupt power,theres a good chance,you might jeopardize getting her here all together. In the end,you might be a hero,still without your sweet lady.I mean,i am with you,on this one.I have vowed to be a part in getting these laws changed.For now,all i am getting is roadblocks.

By the way,how is Marc Ellis doing on your case?

Anyway,My wife and I put ourselves in the "VO's" shoes,and looked at everything,and tried to see what they were seeing,for us,we figured,it could be our short timeline.which turned out to be the case.And as Darnell said,knowing this doesn't change anything, has not calmed me any,hasn't given me any confidence in this dysfunctional system,i am still angry as hell.I am confident we can disprove their suspicions,and get the pink,I am not confident,anyone in GUZ will take the time to listen.which sucks..... But this is the road we are on.

let the games begin !!!!!

 

Jimi

 

Hi,

My attorney's Marc Ellis called my fiance and had an interview with her a few days ago, I emailed him to see what is the next step before our new K-1 get approved. I don't want to get denied again.

I am also waiting to hear from my other attorny which requested from Guangzhou Consulate for another interview now.

I will post if I find anything useful from my attornys.

Ramin.

[david_dawei]

honestly... if all the problems were submitted to the USCIS Ombudsman.. it would not mean they get resolved per se, but it would mean that trends are documented.... and if enough, I think some notice would be taken...

 

here is the problem: the problems are with DOS

 

All I can think of is that DOS mentions the following:

 

http://travel.state.gov/visa/laws/telegram...grams_1388.html

No readjudication of petitions

 

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, 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.

 

Coupled with no notice/reason for requesting an already approved USCIS petition be revoked seems to merit notice to USCIS Ombudsman:

http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

 

Another problem... yes... DOS again

 

They alone control issuance of visas... and we'll likely never know the full behind-the-scenes... in the last two weeks, I've heard from others fairly quasi-credible reasons for the bevy of white slips coming from GUZ... but fact or fiction is never even with GUZ...

[tsap seui]

I was hot and bothered for about 8 months about this - ie - 'no reason given'.

 

Then I thought - ok - so - if yer denied, and you're given the reason, in real time - then what ?

 

How 'much better' are you, in knowing the real reason?

 

What if the real reason indicated the petitioner is an idiot, incapable of properly filling out the forms for the beneficiary?

 

What if the real reason indicated that the beneficiary was part of a known human smuggling ring ?

 

Seriously - if GUZ tells you in real time, the reason for the denial. THEN WHAT ARE YOU GOING TO DO WITH THIS INFORMATION?

 

Well cuzin', if you were told right up front what the denial reason was, you would actually know what to front load your next petition with, that much quicker.

 

As it is now, you may NEVER know what was wrong. Heck, our case is still in China, 6 months after the interview. I think Chawls case set in China 18 months. Then the case goes back to the USCIS and guess what???? Denied cases are at the BOTTOM of priority at your service center. THE VERY BOTTOM OF PRIORITY!!!

 

On the other hand...denials are just gonna take a couple of years to get to another interview..rather you give a shit about what was wrong the first time, have attorneys, congressional laisons inquiring, the calvary riding to the rescue, and a fairy godmother blessing you...it's all pretty much two years....doesn't matter what the hell you do, or know.

 

Having been through the DOS cesspool, my question, as another white slip guy and I were talking today is...why is a couple's denied petition at the bottom of priority at the service center? Your denied petition sits and waits for your rebuttal, a couple's lives that are already in the system are put on even more hold, as they process more, new, cannon fodder. Oh yeah, stupid me...they don't make money RE-processing petitions, but those new petitions.

 

Oh well, it makes interesting conversation. Nothing is gonna get changed , and it'll take denials a couple of years to get to another interview. Saddle up, water the horse, and prepare for the long ride....YAHOOO

 

Good luck to everyone in dire straits with the DOS and USCIS.

 

tsap seui

[warpedbored]

I'd like to know what percentage of white slipped petitions just give up and go away.

[BrokenHeart]

I was hot and bothered for about 8 months about this - ie - 'no reason given'.

 

Then I thought - ok - so - if yer denied, and you're given the reason, in real time - then what ?

 

How 'much better' are you, in knowing the real reason?

 

What if the real reason indicated the petitioner is an idiot, incapable of properly filling out the forms for the beneficiary?

 

What if the real reason indicated that the beneficiary was part of a known human smuggling ring ?

 

Seriously - if GUZ tells you in real time, the reason for the denial. THEN WHAT ARE YOU GOING TO DO WITH THIS INFORMATION?

 

Well cuzin', if you were told right up front what the denial reason was, you would actually know what to front load your next petition with, that much quicker.

 

As it is now, you may NEVER know what was wrong. Heck, our case is still in China, 6 months after the interview. I think Chawls case set in China 18 months. Then the case goes back to the USCIS and guess what???? Denied cases are at the BOTTOM of priority at your service center. THE VERY BOTTOM OF PRIORITY!!!

 

On the other hand...denials are just gonna take a couple of years to get to another interview..rather you give a shit about what was wrong the first time, have attorneys, congressional laisons inquiring, the calvary riding to the rescue, and a fairy godmother blessing you...it's all pretty much two years....doesn't matter what the hell you do, or know.

 

Having been through the DOS cesspool, my question, as another white slip guy and I were talking today is...why is a couple's denied petition at the bottom of priority at the service center? Your denied petition sits and waits for your rebuttal, a couple's lives that are already in the system are put on even more hold, as they process more, new, cannon fodder. Oh yeah, stupid me...they don't make money RE-processing petitions, but those new petitions.

 

Oh well, it makes interesting conversation. Nothing is gonna get changed , and it'll take denials a couple of years to get to another interview. Saddle up, water the horse, and prepare for the long ride....YAHOOO

 

Good luck to everyone in dire straits with the DOS and USCIS.

 

tsap seui

 

 

My denied petition (not a bonafide relationship K1) has been sitting at USCIS since 08/07. I just this month wrote them a letter to withdraw that petition. Look at my timeline, they jumped on that in a matter of days. Now I know I will get a response quickly. Go figure they cant get the regular ones out on time but can do an old one quick.

[tsap seui]

I'd like to know what percentage of white slipped petitions just give up and go away.

 

What the lil' rabbit heard on her trip to Guangzhou at our 8th month in blue slip heaven, was that 6 out of 10 dissolve the relationship. That's not official, then again, what is official in Guangzhou?

 

tsap seui

[heyjimi]

I'd like to know what percentage of white slipped petitions just give up and go away.

 

One thing I can tell you,after a white slip,you truely know what type of relationship you have.for my wife and I it made our relationship stronger.

It's like going to church,and its always interesting to see,everyone praising God,hands high in the air,they love God.until some test,some trial comes into their lives,and they are gone,they gave up.Love is always easy on the honeymoon.When it is put to the test,some just give up.

 

Jimi

[C4Racer]

I'd like to know what percentage of white slipped petitions just give up and go away.

 

One thing I can tell you,after a white slip,you truely know what type of relationship you have.for my wife and I it made our relationship stronger.

It's like going to church,and its always interesting to see,everyone praising God,hands high in the air,they love God.until some test,some trial comes into their lives,and they are gone,they gave up.Love is always easy on the honeymoon.When it is put to the test,some just give up.

 

Jimi

 

This information would be critical to a class action suit. You would have to prove that GUZ is being unreasonable. If it is a high number, GUZ can show you just got caught up in the wrong classification and that it would have been corrected eventually. My guess is this number is very high, just because of the various amount of people I personally know who have taken or have been offered money to aquire the visa for someone else. It shows me that the amount of fraud cases are very high. So when these get a white slip, I bet they just go away. And yes, there are many that also get through without a problem. It's the nature of the beast that some will not be found out.

 

It has long been my contention that GUZ will throw a blue or a white slip in cases where the Visa Office is unsure about, just to see what is the reaction of the applicant. This is why you can overcome a blue slip easily. White slips are harder, but if you hire a lawyer immediately, some white slips can be held in GUZ and taken care of soon. My guess is that many simply go away.

 

And so you find out the real reason. Could your marriage survive this information? Some of the reasons, could be very harmful to a relationship, no matter how true or not. Some relationships don't even survive a slip of any color without this knowledge. If you get through it, then I am guessing this is information best left unknown. Sometimes, it is best to have a secret or two, even with your spouse.