HKG Posted January 11, 2009 Report Share Posted January 11, 2009 (edited) http://miami.fbi.gov/statutes/title_18/section242.htm Color of Law Something for Consulate Officers: Laws: Cases and Codes : U.S. Code : Title 18 : Section 1019 * United States Code o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE + PART I - CRIMES # CHAPTER 47 - FRAUD AND FALSE STATEMENTS U.S. Code as of: 01/19/04Section 1019. Certificates by consular officers Whoever, being a consul, or vice consul, or other person employed in the consular service of the United States, knowingly certifies falsely to any invoice, or other paper, to which his certificate is authorized or required by law, shall be fined under this title or imprisoned not more than three years, or both. Edited January 11, 2009 by HKG (see edit history) Link to comment
chilton747 Posted January 11, 2009 Report Share Posted January 11, 2009 I don't get it. What does this have to do with a visa denial? Link to comment
IllinoisDave Posted January 11, 2009 Report Share Posted January 11, 2009 Believing it and proving it are too vastly different things. Link to comment
Stepbrow Posted January 11, 2009 Report Share Posted January 11, 2009 HKG, I believe that reference is to Notarial Acts that Con offs are entitled to do. After I read the court cases that Randy researched about the doctrine of non-reviewability of consular decisions, I realized that trying to get the decision overruled is beating a dead horse. I'm just going to accept that, and work on getting my wife and daughter here on the I-130. Link to comment
HKG Posted January 11, 2009 Author Report Share Posted January 11, 2009 I don't get it. What does this have to do with a visa denial? Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. If these non-bonafide relationships are not a legal premise then I would think this U.S.C Section 242 would apply. Further after the sign off then it would follow this would apply.Section 1019. Certificates by consular officers Whoever, being a consul, or vice consul, or other person employedin the consular service of the United States, knowingly certifiesfalsely to any invoice, or other paper, to which his certificate isauthorized or required by law, shall be fined under this title orimprisoned not more than three years, or both. If you got a White slip for non-bonafide relationship, then the full power of the US Government is now against you. What is your defenseagainst, the fraud or misrepresentation they will enter against you once it comes back to the USA, if given a chance to address your "NOID" or revocation? Link to comment
Mike62356 Posted January 11, 2009 Report Share Posted January 11, 2009 I don't get it. What does this have to do with a visa denial? Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. If these non-bonafide relationships are not a legal premise then I would think this U.S.C Section 242 would apply. Further after the sign off then it would follow this would apply.Section 1019. Certificates by consular officers Whoever, being a consul, or vice consul, or other person employedin the consular service of the United States, knowingly certifiesfalsely to any invoice, or other paper, to which his certificate isauthorized or required by law, shall be fined under this title orimprisoned not more than three years, or both. If you got a White slip for non-bonafide relationship, then the full power of the US Government is now against you. What is your defenseagainst, the fraud or misrepresentation they will enter against you once it comes back to the USA, if given a chance to address your "NOID" or revocation?HKG, give it up there is no way you are going to win, try another way of getting your SO/wife here.What I am saying is this try another way, like cr-1 or the like, suck it up and move on, I know it hurts and makes you angry but there really is nothing you can do about a white slip except try again later.best of luck with that. Link to comment
Guest Rob & Jin Posted January 11, 2009 Report Share Posted January 11, 2009 (edited) HKG your "petition" was approved your constitutional rights and no laws to you were broken. Her "visa application" was denied a non-usc so no laws applied to her.Sorry mate follow the path of refiling with a good attorny address whatever "issues" or weaknessess that you all can think of that led to her denial. good luck Edited January 11, 2009 by Rob & Jin (see edit history) Link to comment
griz326 Posted January 11, 2009 Report Share Posted January 11, 2009 I don't get it. What does this have to do with a visa denial? Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. If these non-bonafide relationships are not a legal premise then I would think this U.S.C Section 242 would apply. Further after the sign off then it would follow this would apply.Section 1019. Certificates by consular officers Whoever, being a consul, or vice consul, or other person employedin the consular service of the United States, knowingly certifiesfalsely to any invoice, or other paper, to which his certificate isauthorized or required by law, shall be fined under this title orimprisoned not more than three years, or both. If you got a White slip for non-bonafide relationship, then the full power of the US Government is now against you. What is your defenseagainst, the fraud or misrepresentation they will enter against you once it comes back to the USA, if given a chance to address your "NOID" or revocation? Are you a lawyer? Or maybe a jailhouse lawyer? I'm with you that the government has no business obstructing the happiness of USCs, with the exception of preventing undesirables or security risks into our country. That said, why work yourself up into a rabid froth when it is unlikely you have even the slightest chance of bucking the system and winning. If you continue to respond like a rabid dog your only chance of being with your gal will be in China. Listen to the reasonable and actionable possibilities being offered here to get your gal here. Link to comment
potato Posted January 11, 2009 Report Share Posted January 11, 2009 HKG, Nobody is denying you any rights. Your right to marry whomever you please is still fine. Don't think that just because your fiancee visa was denied you somehow have been denied the right to marry. You can still get married! No matter what subsection of a subsection of a subsection of a document of a court case from 1969 you find, the people whose job it is to issue visas still won't budge. Spend less time researching documents to prove your nonexistent "right to have a visa approved for foreign fiancee" and more time finding out how to get the visa another way. Link to comment
NUWORLD Posted January 11, 2009 Report Share Posted January 11, 2009 http://miami.fbi.gov/statutes/title_18/section242.htm Color of Law Something for Consulate Officers: Laws: Cases and Codes : U.S. Code : Title 18 : Section 1019 * United States Code o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE + PART I - CRIMES # CHAPTER 47 - FRAUD AND FALSE STATEMENTS U.S. Code as of: 01/19/04Section 1019. Certificates by consular officers Whoever, being a consul, or vice consul, or other person employed in the consular service of the United States, knowingly certifies falsely to any invoice, or other paper, to which his certificate is authorized or required by law, shall be fined under this title or imprisoned not more than three years, or both. Like others have said, give it up you'll never win.The only thing you will get is pissing off GZ and the government.Trust me GZ never forgets!! There is no way your going to prove that law and it will never hold up in court even if it get that far. Maybe you should read some of or all of the posts of other members in the same boat as you and learn from them.Then you will realize the GZ is GOD!!! and they always win. Again like others have said, Let it go and start a CR1 Good luck!! Link to comment
splinterman Posted January 12, 2009 Report Share Posted January 12, 2009 HKG, I was a union president for 8 years and in that time in the capacity as the Union Advocate I conducted arbitrations on contractual issues and discipline cases, represented union members in Unemployment Compensation cases, National Labor Relations Board complaints, Department Of Labor OSHA violations, etc. all of which allowed me to become very familiar with the provisions and application of Federal Law and exactly what the Federal government can do and get away with. I say this to you without meaning negative criticism and in the most gentle capacity I can: you're beating a dead horse and wasting your time and energy where you could be channeling it to find another way to bring your SO to be with you. Everyone here who has ever been denied or given a blue slip that eventually turned to a white one has felt exactly as you do. As with anything involving law, there is always a process to follow and a process to contest an errant or improper decision. Luckily, there are some extremely knowledgeable folks here that can and will advise you and help determine which process will now be right for you to achieve your goal of being united with your SO. Don't bang around like a bull in a china closet (no pun intended) because you run the risk of permanently damaging any future chances you will have to be with your SO. GUZ may be a government agency but it's run by people, and they're bureaucrats and will have long memories. Don't piss them off. Accept that they've won Round 1 and get ready for the next round. Develop your strategy and put your plan into action. Best of luck! Everyone here will help you if they can. Link to comment
HKG Posted January 12, 2009 Author Report Share Posted January 12, 2009 Let me tell you, this I'm not posting to be personal with any of you, I'm posting to discuss options. Griz326 you got a "mouth" maybe just a GUZ lackey, possibly some of you are jailhouse lawyers or just people who put their tail between your legs and run off at that. I do notice that among you, none of you had a white slip but have all the answers for whatever. None of you need read my post if they upset you, just as I do not care to read of you defeatist postings to my postings. I realize there are other options, it is just thought, I have read of people marrying and still receiving non-bonafide rulings, one poster in particular Tsap Seui , So my GUZ consulate cheerleaders what is the answer? Link to comment
Randy W Posted January 12, 2009 Report Share Posted January 12, 2009 Let me tell you, this I'm not posting to be personal with any of you, I'm posting to discuss options. Griz326 you got a "mouth" maybe just a GUZ lackey, possibly some of you are jailhouse lawyers or just people who put their tail between your legs and run off at that. I do notice that among you, none of you had a white slip but have all the answers for whatever. None of you need read my post if they upset you, just as I do not care to read of you defeatist postings to my postings. I realize there are other options, it is just thought, I have read of people marrying and still receiving non-bonafide rulings, one poster in particular Tsap Seui , So my GUZ consulate cheerleaders what is the answer? There may not be one - it's in your hands Link to comment
chilton747 Posted January 12, 2009 Report Share Posted January 12, 2009 Let me tell you, this I'm not posting to be personal with any of you, I'm posting to discuss options. Griz326 you got a "mouth" maybe just a GUZ lackey, possibly some of you are jailhouse lawyers or just people who put their tail between your legs and run off at that. I do notice that among you, none of you had a white slip but have all the answers for whatever. None of you need read my post if they upset you, just as I do not care to read of you defeatist postings to my postings. I realize there are other options, it is just thought, I have read of people marrying and still receiving non-bonafide rulings, one poster in particular Tsap Seui , So my GUZ consulate cheerleaders what is the answer? FYI, Tsap Seui hasn't got married. Also, I AM the victim of a white slip and I understand the denial process fairly well. I also overcame it by getting married and waiting a while before starting a new petition. Some of us just have to wait and I can tell you that the wait is not bad at all, especially when the waiting is used constructively, as in working on the relationship instead of trying to prove GZ is abusing their powers. I know how you feel. I was there once and felt the same way until I realized what was MOST important. I have absolutely no regrets for the wait of 42 months for a visa. Link to comment
IllinoisDave Posted January 12, 2009 Report Share Posted January 12, 2009 Let me tell you, this I'm not posting to be personal with any of you, I'm posting to discuss options. Griz326 you got a "mouth" maybe just a GUZ lackey, possibly some of you are jailhouse lawyers or just people who put their tail between your legs and run off at that. I do notice that among you, none of you had a white slip but have all the answers for whatever. None of you need read my post if they upset you, just as I do not care to read of you defeatist postings to my postings. I realize there are other options, it is just thought, I have read of people marrying and still receiving non-bonafide rulings, one poster in particular Tsap Seui , So my GUZ consulate cheerleaders what is the answer?Knock yourself out. Link to comment
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