Appeal of a denied CR-1

[Jen]

Hi , We miss eachother so much. It is said it wait too long to wait the appeal....so we have questions.

 

if a new IR-1 petition cancels the opportunity to appeal the denied CR-1?

 

if anyone knows how long an appeal takes to "process"...and what results others have gotten?

 

 

We are painful when wait our forever together and do not know how to do.

 

thank for help.

 

Randy brought up a good point from one of my previous posts. It was in reference to the "Secret Consulate" at Guangzhou.

 

I was just taking literary license with that phrase. But I wanted to bring it up here because the consulate purposely puts up barriers to petitioners who wish to "discuss" their refusals.

 

A better turn of the phrase is the "hidden consulate." I am posting this information so that if one of our members is refused, they will know where to go to get an appointment with the IV Chief or the Chief of Consular Affairs. I discovered it by accident and obstinacy.

 

Every one who has been to the Tian Yu Gardens Hotel will remember where you line up with your SO in front of the building. Instead of going in through the same doors (front doors) as before, look to your right, behind the Police Station. Up the steps, you will see a set of clear glass double doors. Go through the doors and take the elevator to the 5th floor. You will see Guards, Metal detector, etc. Show them your passport, and tell them you are there to see the IV Chief or the Chief of Consular Affairs. You are in, the rest is up to you.

[dnoblett]

Hi , We miss eachother so much. It is said it wait too long to wait the appeal....so we have questions.

 

if a new IR-1 petition cancels the opportunity to appeal the denied CR-1?

 

if anyone knows how long an appeal takes to "process"...and what results others have gotten?

 

 

We are painful when wait our forever together and do not know how to do.

 

thank for help.

 

Randy brought up a good point from one of my previous posts. It was in reference to the "Secret Consulate" at Guangzhou.

 

I was just taking literary license with that phrase. But I wanted to bring it up here because the consulate purposely puts up barriers to petitioners who wish to "discuss" their refusals.

 

A better turn of the phrase is the "hidden consulate." I am posting this information so that if one of our members is refused, they will know where to go to get an appointment with the IV Chief or the Chief of Consular Affairs. I discovered it by accident and obstinacy.

 

Every one who has been to the Tian Yu Gardens Hotel will remember where you line up with your SO in front of the building. Instead of going in through the same doors (front doors) as before, look to your right, behind the Police Station. Up the steps, you will see a set of clear glass double doors. Go through the doors and take the elevator to the 5th floor. You will see Guards, Metal detector, etc. Show them your passport, and tell them you are there to see the IV Chief or the Chief of Consular Affairs. You are in, the rest is up to you.

I am splitting this off of this thread, you are asking about dealing with an appeal of a denial which has to be done through USCIS in the USA.

[Randy W]

USCIS - Immigrant Visa Petitions Returned by the State Department Consular Offices - April 9, 2009

 

USCIS Response to Ombudsman Recommendation on the Processing of Petitions that are Returned to the U.S. for Revocation/Revalidation

 

Doctrine of Consular Nonreviewability - http://www.aaup.org/NR/rdonlyres/72D335AE-...FINAL080108.pdf

 

see Immigration Litigation Bulletin Aug. 2006, pg. 5 - http://www.usdoj.gov/civil/oil/Immigration...August_2006.pdf

The INA contains no provision for the judicial review of a consular officer's visa determination

 

The visa denial cannot be appealed. The USCIS will make a determination of whether to revoke or reaffirm the original petition. If reaffirmed, it will be sent back to the Guangzhou consulate

 

You need a good immigration attorney who can look at your case

[xyz1000]

Hi , We miss eachother so much. It is said it wait too long to wait the appeal....so we have questions.

 

if a new IR-1 petition cancels the opportunity to appeal the denied CR-1?

 

if anyone knows how long an appeal takes to "process"...and what results others have gotten?

 

 

We are painful when wait our forever together and do not know how to do.

 

thank for help.

 

Randy brought up a good point from one of my previous posts. It was in reference to the "Secret Consulate" at Guangzhou.

 

I was just taking literary license with that phrase. But I wanted to bring it up here because the consulate purposely puts up barriers to petitioners who wish to "discuss" their refusals.

 

A better turn of the phrase is the "hidden consulate." I am posting this information so that if one of our members is refused, they will know where to go to get an appointment with the IV Chief or the Chief of Consular Affairs. I discovered it by accident and obstinacy.

 

Every one who has been to the Tian Yu Gardens Hotel will remember where you line up with your SO in front of the building. Instead of going in through the same doors (front doors) as before, look to your right, behind the Police Station. Up the steps, you will see a set of clear glass double doors. Go through the doors and take the elevator to the 5th floor. You will see Guards, Metal detector, etc. Show them your passport, and tell them you are there to see the IV Chief or the Chief of Consular Affairs. You are in, the rest is up to you.

 

Hi,

 

Do you mind telling us why your CR-1 was denied? I know it's very painful to go through the denial of the visa. The information you provide here might help many people.

 

It's perfectly OK if you don't want to share the experience with us and we will understand.

 

Thanks.

 

Mei

[JBHypno]

You can file a new I-130 but you must still respond to any letters sent to you from your original application. If they revoke your first application any restrictions on reapplication will cause your new application to be denied as well.

 

Have you got any letters from USCIS yet? They may give you an opportunity to submit additional evidence in support of your case if your application hasn't been revoked yet.

 

If USCIS has revoked your application you may have the right to appeal but most likely the appeal would be denied. Your best chance is to try and get the application reaffirmed by USCIS. I would wait before filing another application because if your first application is revoked then you will have just wasted your money because they won't refund it.

 

I am waiting to get the first letter from USCIS after GZ recomended our denial. I still don't really know why it was denied for certain. But I have my congressman helping us and have been told we will have an oportunity to submit additional evidence assuming they don't reaffirm the application after reviewing our case.

[warpedbored]

I'm not usually a big fan of using an attorney except in extraordinary circumstances. NOIR is one of those cases. I would strongly recommend that you get a lawyer that is knowledgeable in this area.