White but Not Done

[Stepbrow]

Hi All,

 

Yes we got the white. We are still in GZ until January 8th. I haven't posted because of trying to deal with the shock and being strong and supportive of Laopo and daughter.

 

As we have gone through this long process, I have spent a considerable time reading and understanding the Immigration and Naturalization Act , the Foreign Affairs Manual, CFR, etc. After talking to the wife about the interview questions, I felt that the white was given contrary to the DOS regulations. I have requested that the case be reopened. The Consulate is setting a meeting to review the findings. Cannot say more about all of this now. Will post more as things progress.

 

I greatly appreciate the support of my brothers here on CFL.

[Batmaniac]

Sorry man. Hate hearing this.

[Guest Dylan W]

My thoughts and prayers have been with you and your family. My heart broke when I heard the news, and I know Wendy was extremely sad as well. I am glad though that you are overcoming this! That is the key!

[Guest Rob & Jin]

so sorry about this , hang in there and best wishes from Jin and me.

[number1poophead]

Sorry to hear this.

[Randy W]

So sorry to hear the news.

 

Please do keep us posted as to what's happening with your case, as information about what to do about a white slip is sketchy at best, especially any dealings with the Consulate.

[Tom and Ling]

Hi All,

 

Yes we got the white. We are still in GZ until January 8th. I haven't posted because of trying to deal with the shock and being strong and supportive of Laopo and daughter.

 

As we have gone through this long process, I have spent a considerable time reading and understanding the Immigration and Naturalization Act , the Foreign Affairs Manual, CFR, etc. After talking to the wife about the interview questions, I felt that the white was given contrary to the DOS regulations. I have requested that the case be reopened. The Consulate is setting a meeting to review the findings. Cannot say more about all of this now. Will post more as things progress.

 

I greatly appreciate the support of my brothers here on CFL.

 

HI Stepbrow,

 

So sorry to hear the news.,but keep going as you and Laopo and daughter are a family....and a family can over come anything...

How did you get the Consulate to set a meeting and review??

Usually, they just ignore everything...You must at sometime lets us all know how you got them to review your case,,this maybe OK..hoping for the best for you and your family....

 

Tom and Ling

[Sebastian]

Wow - you actually got a set appointment for them to review their findings with you, hopefully in a short period of time? That's amazing, incredible even. DO let us know how you snagged an appointment, asyou have sometime over thenext fewweeks to post here.

 

Warmest Regards...

[warpedbored]

This is new. I have never heard of them granting an appointment to review their findings. I would be very interested in reading how you accomplished this when you are at a point where you can write about it.

[heyjimi]

This is new. I have never heard of them granting an appointment to review their findings. I would be very interested in reading how you accomplished this when you are at a point where you can write about it.

 

I am also interested to know,

sorry to hear of your white,good luck with trying to overturn this quickly.keep us posted.

 

jimi

[IllinoisDave]

Very sorry to hear this. Like the others I'll be interested to hear how things proceed from here. Good luck!!

[Stepbrow]

Thanks for your support guys. All who have been in our situation know how important your support is. I'll give a full rundown after things are resolved.

[shushuweiwei]

So sorry. I hope the new year is good to you and your SO.

[LeeFisher3]

This is new. I have never heard of them granting an appointment to review their findings. I would be very interested in reading how you accomplished this when you are at a point where you can write about it.

Sounds like the OP has found some information that might be useful for others.

 

As I get it he is not challenging the decision as much as challenging the VO's conduct in arriving at the decision and if the conduct in conducting the interview goes against the direction given in the FAM's the decision should be reversed.

 

I wish him success in following this path.

[Randy W]

Some interesting comments I found in the FAM, about re-applying:

9 FAM 41.121 PN1.4 Nonimmigrant Visa

Reapplication Procedures

(CT:VISA-1079; 10-17-2008)

a. Previously refused visa applicants may reapply any time, using the same

procedures as first-time applicants. Posts are not authorized to institute

a written re-application procedure. Such procedures interpose an

unnecessary step in the visa process, which does not result in a visa

adjudication and for which no fees are collected.

b. Post may want to consider the following strategies to manage workload

from previously refused applicants:

(1) Ensure that post is collecting MRV fees according to policy. A

214( B ) refusal is a final adjudication. Using 221(g) to avoid

decisions or hold open reapplication invites abuse. A new

application and new fee is required for reconsideration;

(2) Stress NIV statutory requirement and explain 214( B ) during

outreach. Dispel the notion that there is an element of luck in visa

processing and that applicants may be lucky the following weeks

and be issued a visa. Emphasize the importance of facts. This

may be a particularly useful tactic in countries aspiring to the Visa

Waiver Program. Emphasize that repeat refusals contribute to the

overall refusal rate in a country;

(3) Use the appointment system to triage previously denied applicants

by limiting the number of slots for them;

(4) Alternatively, schedule previously refused applicants on only a few

days a month or only during traditionally lower-volume periods of

the year (i.e., not during summer work-travel season or preholidays

peak season);

(5) Revise the 214( B ) handout (see exemplar in 9 FAM 41.121 Exhibit

IV) and review practices to make sure every refused applicant gets

a copy. Train officers to emphasize the need for applicants to wait

until there has been a significant change in circumstances before

re-applying;

(6) Leave re-applications until all the day's new cases are complete;

and

(7) Possibly assign one experienced officer to all reapplications who can

move through these promptly once new applications are complete.

Edited December 30, 2008 by Randy W (see edit history)