Freedom of Information Act

[HKG]

This order should help with finding out reasons of denials for white slips, if you submit a FOIA request

http://www.boingboing.net/2009/01/21/obama...instration.html

[Richard & Li]

They may no longer be able to hide behide the blanket statement "We are protecting America from evildoers and therefore we need answer to no one."

 

"I've got to admit it's getting better, a little better all the time." <Paul McCartney>

[chilton747]

It will never happen with the DOS and immigration. They used the word "should" too many times.

Edited January 25, 2009 by chilton747 (see edit history)

[Randy W]

It will never happen with the DOS and immigration. They used the word "should" too many times.

 

 

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations.

[ChrisA]

I agree, but I do think if we all started petitioning our State Senator and House Rep¡¯s, about the problems being face with getting a concrete answer from Immigration and Consular activities in regards to these issues, by putting on the their Radar might institute changes to the Law. IMHO

[heyjimi]

This order should help with finding out reasons of denials for white slips, if you submit a FOIA request

http://www.boingboing.net/2009/01/21/obama...instration.html

 

the FOIA is a joke,you will get a document back(if they even decide to send one back),with everything you want to know, blacked out.

 

jimi

[C4Racer]

I doubt you will see any change as the freedom of information act pertains to information that is considered public record and made available to the public. You may already file a freedom of information act request using the G-639. You may not use it:

To determine the status of pending applications. For status inquires, write to the USCIS office where the application was filed or call our National Customer Service Center at 1-800-375-5283.

The information you seek in denial of a visa is considered personal attached to the beneficairy. No one is allowed acess to this specific information except the beneficiary. This even applies to the petitioner. You will find once she is here, you can't even talk with USCIS about her case unless she is present and gives her consent. Remember, even though you petitioned for her, this is considered her case,not yours.

 

The only possible person who is allowed to access specific information on a case for the beneificiary is their personal representative. This person must be a lawyer, or representative of a religious, charitable or social organization. Meaning you will find many, many road blocks for finding out this information.

 

 

 

Bottom line is nothing will change by the President's new order.

Edited January 25, 2009 by C4Racer (see edit history)

[defendo]

It will never happen with the DOS and immigration. They used the word "should" too many times.

 

 

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations.

 

 

Check this case out.

http://pacer.mad.uscourts.gov/dc/cgi-bin/r...+to+dismiss.pdf

 

The only problem is that this case was complicated by many issues that most of us do not have. But the court did hold that; "The doctrine of

consular non-reviewability does not apply to claims of illegal

behavior during the application process.".

 

Peace,

Jay

[Stepbrow]

Thanks for the post HKG. I think that I will submit one for our case and see what happens.

[Randy W]

It will never happen with the DOS and immigration. They used the word "should" too many times.

 

 

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations.

 

 

Check this case out.

http://pacer.mad.uscourts.gov/dc/cgi-bin/r...+to+dismiss.pdf

 

The only problem is that this case was complicated by many issues that most of us do not have. But the court did hold that; "The doctrine of

consular non-reviewability does not apply to claims of illegal

behavior during the application process.".

 

Peace,

Jay

 

 

Yes, anyone can sue for any perceived "violation of constitutional rights". The court system is there for exactly that purpose, including to take your case all the way to the Supreme Court, if you wish.

 

This guy was basically a real nut job, and his lawyer conveniently didn't bother to tell him to not waste his money.

 

He lost on every count.

 

This should be required reading for those advocating a "You can't deny my constitutional rights" approach to getting a visa.

[Stepbrow]

Here is a link to the Cornell School of Law website. It is one of the best when it comes to looking up questions about U.S. Law. [That is if you don't already know about it.]

 

The link I am entering has to do with the FOIA, and the general exemption of consular documents. http://www.law.cornell.edu/uscode/html/usc...02----000-.html

 

The section being referred to is USC 1202 (f)

 

(f) Confidential nature of records

The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that¡ª

(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.[2]

(2) the Secretary of State, in the Secretary¡¯s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State¡¯s computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database¡ª

[Randy W]

It will never happen with the DOS and immigration. They used the word "should" too many times.

 

 

I agree - the "doctrine of consular non-reviewability" goes back for than a few decades, and across many administrations.

 

 

Check this case out.

http://pacer.mad.uscourts.gov/dc/cgi-bin/r...+to+dismiss.pdf

 

The only problem is that this case was complicated by many issues that most of us do not have. But the court did hold that; "The doctrine of

consular non-reviewability does not apply to claims of illegal

behavior during the application process.".

 

Peace,

Jay

 

 

Yes, anyone can sue for any perceived "violation of constitutional rights". The court system is there for exactly that purpose, including to take your case all the way to the Supreme Court, if you wish.

 

This guy was basically a real nut job, and his lawyer conveniently didn't bother to tell him to not waste his money.

 

He lost on every count.

 

This should be required reading for those advocating a "You can't deny my constitutional rights" approach to getting a visa.

 

That case had been brought up before -

 

http://candleforlove.com/forums/index.php?...st&p=467531

[LeeFisher3]

I doubt you will see any change as the freedom of information act pertains to information that is considered public record and made available to the public. You may already file a freedom of information act request using the G-639. You may not use it:

To determine the status of pending applications. For status inquires, write to the USCIS office where the application was filed or call our National Customer Service Center at 1-800-375-5283.

The information you seek in denial of a visa is considered personal attached to the beneficairy. No one is allowed acess to this specific information except the beneficiary. This even applies to the petitioner. You will find once she is here, you can't even talk with USCIS about her case unless she is present and gives her consent. Remember, even though you petitioned for her, this is considered her case,not yours.

 

The only possible person who is allowed to access specific information on a case for the beneificiary is their personal representative. This person must be a lawyer, or representative of a religious, charitable or social organization. Meaning you will find many, many road blocks for finding out this information.

 

 

 

Bottom line is nothing will change by the President's new order.

The G-28, Notice of Appearance does offer using 4. Others (Explain Fully.), where you would need to state that you were the petitioner and fianc¨¦e of the beneficiary. You would want to send it to the USCIS, NVC and GUZ, plus include it with the FOIA request.

 

But I'd wager the results would be the same as we have seen in the past.

 

Until the new Attorney General clarifies the suggestion from the president absolutely nothing will change and it's doubtful he will force a change in the foreign affairs department of the DOS.

[Bryon_Tran]

I was goint to file a FOIA to see why our visa was denied but was told by my senators case worker not to do that because it will only make you look guilty. I'm not sure about this but I read where they can only us against you what is written on your denial letter.

 

When my case was denied I contacted my senators office left a message and called back a days later. The case worker had pulled my file and studied and read threw why I was denied even before the case was sent back that was on december 1st my case was sent back on december 5th. She read me everything that was in the computer over the phone. I don't think there is anything against me that the consulate has on there computer that my senators case worker didn't see in the computer screen. She even read my Chronology to me and told me what was wrong with it.

[HKG]

This order should help with finding out reasons of denials for white slips, if you submit a FOIA request

 

 

 

FOIA Request Status Check

 

The status of your USCIS FOIA request is now available online, simply by entering in the space below the Control Number that was provided to you after receipt of your request (The Control Number will begin with the letters NRC, COW, etc.)

 

http://www.uscis.gov/portal/site/uscis/men...a0/?vgnextoid=f

 

Just plug in the numbers