Atty Roth's GUZ Complaint

[HelloWorld08]

I emailed, my senator, Hiliary Clinton and Obama....

[splinterman]

I emailed, my senator, Hiliary Clinton and Obama....

 

EXCELLENT! THANK YOU!!

[Craig and Mingjun]

I emailed my Congressman, one David Wu, who happens to be of Chinese descent...

[david_dawei]

I received this from John Roth... certainly feel free to contact him.

 

First, let me thank you for rallying your Candle for Love troops. I received several compelling narratives of unfairly refused K and CR1 visas from your group’s members.

 

I have decided to add only two “case studies” from CFL members (along with two from among my own clients) because it is vitally important in challenges to a consular post to avoid a “shotgun” approach to the complaint. The foreign service workers are masters at picking through complaints and replying only to issues where they are either strong or able to con someone, and ignoring the issues where they are weak. So, we are just taking our best shots, and that is it.

 

Please thank everyone for their participation. Everyone’s story, including the ones I didn’t select for inclusion, has added to my ardor to get this job done and out the door as soon as possible.

 

By the way, I was supposed to leave for Guangzhou a week ago but I cancelled the trip because I decided I could do more to advance my clients’ cases by finishing my complaint letter here than I could by going over there and trying to reason with the IV unit again. I am putting the final touches on the package and I should submit it early next week.

 

I just sent the following email to one of the CFL members whose story will be included in my complaint:

 

I had an idea a few days ago that we can strengthen our chances of success if I place the my entire complaint with attachments on my web site somewhere as a PDF document which CFL members will be able to download, print, and send to their Congresspersons with their own cover letter stating their own experience and their strong interest in a satisfactory result. In this scenario, you would have three options about joining this more public part of the campaign:

 

1. You will allow me to include your submission unchanged

2. You will redact your PDF as you wish, and allow me to publish the edited version

3. You can opt out entirely

 

I’d like to know what you think about organizing a letter-writing campaign to Congressional reps, as I suggest above.

 

 

Best regards,

 

John F. Roth

Law Offices of John F. Roth

(845) 623-1100

 

 

P.S. You may freely post the text of my letter above on your site if you’d like to elicit comments from the members.

Edited March 21, 2009 by DavidZixuan (see edit history)

[True Blue]

Sorry, but one other suggestion. Those who live in Florida should write to Senator Bill Nelson. His office is acutely aware of my experience. Adding your complaint may inspire him to personally intervene. Martinez is a lame duck and writing him is a waste of time.

 

Great idea - I have just written to Senator Nelson. Let's help Attorney Roth put the pressure on this embassy to play fair.

[defendo]

Thank you to all that have written letters. It is critical that we expose this injustice while the pressure is on. Here is another person you may want to copy with your correspondence.

 

Brian D. Rubendall, Special Agent-in-Charge

U.S. Department of State

Office of Inspector General

Washington, D.C. 20520-6817

 

I want to share my latest experience with GUZ. I requested the name of the consular officer who made the unjustified decision that my martial relationship was not bona fide. Not surprisingly, GUZ refused citing security reasons. This is a totally bogus reason, as the consulate has routinely published the names of various consular officers on their website. Once I pointed this out, I was told to contact USCIS because GUZ no longer had my physical file. This is so ludicrous.

 

Unless these consular officers are involved covert operations, they should identify themselves just as any other governmental employee does.

 

Just another example of how GUZ believes they are above the law.

 

Please participate in this letter writing campaign. We need to show that these injustices are not isolated, but if a pattern of routine behavior.

 

Thanks,

Jay

[Li'sZhangfu]

I've already emailed Bob Bennett and Orrin Hatch from Utah...and nothing has come of it. I'll send them and the others mentioned

another email this weekend with a copy of Mr. Roth's letter.

Rich

[defendo]

Writing your Senators and Congress is good. But keep in mind that it is the Department of State that has oversight over the Consulate. I recommend that copies of letters also be sent to President Obama, Secretary of State Hillary Clinton, Deputy Secretary James B Steinberg and Deputy Secretary Jacob J. Lew. I have also written complaint letters to Representative Zoe Lofgren, Chairperson of the House Subcommittee on Immigration and to Senator Charles E. Schumer, Chairman of the Senate Subcommittee on Immigration.

 

Up until now, each of our complaints has been considered an individual problem and the Consulate had the upper hand in credibility. I believe that collectively, we can demonstrate that the visa approval process as implemented in GUZ is in violation of law and policy.

 

We actually could be considered a class in a Federal Law Suit. As U.S. Citizens we have standing in Federal Court. And as petitioners, our constitutional rights to due process has been denied.

 

Section 1983, Title 41 of the U.S. Code specifically states in part:

 

¡°Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,..."

 

Redress under this section is applicable if the conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

 

Although government officials are generally entitled to qualified immunity, immunity can be denied if the "act is so obviously wrong, in the light of preexisting law, that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing."

 

I genuinely believe that as petitioner, our constitutional rights have been violated intentionally. The issue of the doctrine of consular non-reviewablity can be overcome by show a pattern of conduct. Considering the FAM and the guidence memos sent to the consulate, I do not believe they have a valid defense.

 

I am aware some members have a different perspective, but the law is what it says. There are no loop holes with the language. The intent and meaning is clear.

 

Just my thoughts.

 

Peace,

Jay

[heyjimi]

Sorry, but one other suggestion. Those who live in Florida should write to Senator Bill Nelson. His office is acutely aware of my experience. Adding your complaint may inspire him to personally intervene. Martinez is a lame duck and writing him is a waste of time.

 

Yeah,I wrote to Martinez,he sent a letter to Guangzhou consulate,they blew him off, they said my file was already sent back to the states,Guz was full of crap,but he bought it,wrote me back,basically saying"i did all i can do".rrrrrrriiiiiiight!!!!!!!

[defendo]

Sorry, but one other suggestion. Those who live in Florida should write to Senator Bill Nelson. His office is acutely aware of my experience. Adding your complaint may inspire him to personally intervene. Martinez is a lame duck and writing him is a waste of time.

 

Yeah,I wrote to Martinez,he sent a letter to Guangzhou consulate,they blew him off, they said my file was already sent back to the states,Guz was full of crap,but he bought it,wrote me back,basically saying"i did all i can do".rrrrrrriiiiiiight!!!!!!!

 

 

Write to Bill Nelson at his Orlando office, to the attention of Peggy Gustave. I am lobbying him heavily to get personally involved in this.

[heyjimi]

Sorry, but one other suggestion. Those who live in Florida should write to Senator Bill Nelson. His office is acutely aware of my experience. Adding your complaint may inspire him to personally intervene. Martinez is a lame duck and writing him is a waste of time.

 

Yeah,I wrote to Martinez,he sent a letter to Guangzhou consulate,they blew him off, they said my file was already sent back to the states,Guz was full of crap,but he bought it,wrote me back,basically saying"i did all i can do".rrrrrrriiiiiiight!!!!!!!

 

 

Write to Bill Nelson at his Orlando office, to the attention of Peggy Gustave. I am lobbying him heavily to get personally involved in this.

 

Will do !!!!!

just got done watching the movie the "changeling"with Angelina jolie,wow !!! one woman stood up to the corrupt 1928 los angeles police department,brought down a police chief.supposedly a true story,anyway,lets get this "Corrupt Guz Consulate",seeing straight again.So we, all us honest folks,who got denied,can all finally bring our love ones home,enjoy "our pursuit of happiness".For God sake,is that too much to ask?........i am hoping to see Guz, put this"suspicious" bullshit to rest,so we can all move on with our lives...in peace.....we all realize there are bad people in the world,but,stop swatting at flies blindfolded......my wife is not a terrorist,we are not members of a F**kin' smuggling ring,or whatever the hell you think we done wrong.my wife is a simple 47 year old lonely woman,and i am a 48 year old lonely man........Jesus,we're just people who want to live our lives together in peace .Lets put an end to Psychic VO's and their "psychic readings",claiming to know a "non bonafide relationship.Lets get this done.Lets get it done now. Even those who already have their wife here,please,write letters....raise hell.This is still America,we are all Brothers here,we all want our wife "s home safe where they belong.

[defendo]

Sorry, but one other suggestion. Those who live in Florida should write to Senator Bill Nelson. His office is acutely aware of my experience. Adding your complaint may inspire him to personally intervene. Martinez is a lame duck and writing him is a waste of time.

 

Yeah,I wrote to Martinez,he sent a letter to Guangzhou consulate,they blew him off, they said my file was already sent back to the states,Guz was full of crap,but he bought it,wrote me back,basically saying"i did all i can do".rrrrrrriiiiiiight!!!!!!!

 

 

Write to Bill Nelson at his Orlando office, to the attention of Peggy Gustave. I am lobbying him heavily to get personally involved in this.

 

Will do !!!!!

just got done watching the movie the "changeling"with Angelina jolie,wow !!! one woman stood up to the corrupt 1928 los angeles police department,brought down a police chief.supposedly a true story,anyway,lets get this "Corrupt Guz Consulate",seeing straight again.So we, all us honest folks,who got denied,can all finally bring our love ones home,enjoy "our pursuit of happiness".For God sake,is that too much to ask?........i am hoping to see Guz, put this"suspicious" bullshit to rest,so we can all move on with our lives...in peace.....we all realize there are bad people in the world,but,stop swatting at flies blindfolded......my wife is not a terrorist,we are not members of a F**kin' smuggling ring,or whatever the hell you think we done wrong.my wife is a simple 47 year old lonely woman,and i am a 48 year old lonely man........Jesus,we're just people who want to live our lives together in peace .Lets put an end to Psychic VO's and their "psychic readings",claiming to know a "non bonafide relationship.Lets get this done.Lets get it done now. Even those who already have their wife here,please,write letters....raise hell.This is still America,we are all Brothers here,we all want our wife "s home safe where they belong.

 

 

Well said Jimmi!

[defendo]

Individually we have no chance, we will fail.

Collectively, we can overcome.

 

http://www.youtube.com/watch?v=H0XmsUlz2hI

[HelloWorld08]

we should plan a date with the same letter and we all submit at one time to same people.. what do you guys think.....

[defendo]

we should plan a date with the same letter and we all submit at one time to same people.. what do you guys think.....

 

 

Good idea, but depends on the amount of participation. Ten or more would be effective.