Family based immigration visa denial

M

monir

New Member
Dear Sir,
I am an applicant for family based immigration in USA ( F4 category). 13 yrs before my brother applied for our 5 and 3 sisters respectively. 2 brothers have already issued with visa and they are settled down in USA but rest 3 brothers and 3 sisters are being denied visa time and again. Now the last query the embassy is making that how the petitioner can apply for such huge number of brothers and sisters and their dependants. Where as the NVC accepted AOS from our joint sponsors in USA and they are satisfied and sent the papers to country embassy for interview. Now is there any good reasons to raise query on the function of NVC and denying visa. If the petitioner can not apply for such no of brothers and sisters, in that case how the papers are accepted by NVC and two brothers could be isued visa ?

Your co-operation in this regard will be highly appreciated


Thanking You

--Monir
mnrkhu@yahoo.com
 
Lawyer can help this kind of issue?

Gurus,

Lawyer can help this kind of issues? I think to hire a lawyer will be waste of time and money. This days visa officers are sitting there to give hard time to applicants. Please share experiences if you have same kind of situation.

Good luck to everybody.
 
answer

Are they over 21 years old? If they are, they may be age-out as children. You can check the information about CSPA (Children Status Proctection Act) to see whether they are eligible for the age-out protection.

Good luck
 
monir said:
Dear Sir,
I am an applicant for family based immigration in USA ( F4 category). 13 yrs before my brother applied for our 5 and 3 sisters respectively. 2 brothers have already issued with visa and they are settled down in USA but rest 3 brothers and 3 sisters are being denied visa time and again. Now the last query the embassy is making that how the petitioner can apply for such huge number of brothers and sisters and their dependants. Where as the NVC accepted AOS from our joint sponsors in USA and they are satisfied and sent the papers to country embassy for interview. Now is there any good reasons to raise query on the function of NVC and denying visa. If the petitioner can not apply for such no of brothers and sisters, in that case how the papers are accepted by NVC and two brothers could be isued visa ?

Your co-operation in this regard will be highly appreciated


Thanking You

--Monir
mnrkhu@yahoo.com
Click to expand...

Your application would be denied if the sponsor/joint sponsors cannot meet the 125% minimum income requirement. Otherwise there is no limit on how many relatives a USC can sponsor. Get a good lawyer. This is when you need one :)
 
Did you received notice of approval from USCIS?
It is my understanding that USCIS send all the documentation for Consular processing which is in charge of the Department of State, not USCIS. Even they should follow Immigration Laws they are the one who check the information and make the last call. Just to clarify it, even you apply for example to a Fiancee visa and you get approved by your disctrict office at the Consular interview your fiancee can be denied. Now you can appeal the decision, but as you see the Consular has very strong authority over immigration procedures.

I don't think that is to make a hard time to everybody, because there are many people who are receiving their visas too, so we can't just generalize because your case. And even is very frustrating and you can feel that is trully unfair is better to ask for expert help. You really don't know what is going on, probably a lawyer with more experience in that situation (now whatever immigration lawyer) can help you or guide you. Now can you appeal their decision? If you need to give more proove of support as a sponsor then give it and send it to them and your siblings.

Normally USCIS receives all your documentation doesn't mean that is approved or denied. The most important thing is what the Affidavit of Support states, if it covers 125% for a household of more than 8 people, because you are saying that are 8 siblings and dependants right? Then if everything is cover you shouldn't have problem in that situation, just be sure that the actual Affidavit of support is really covering all of you (including your brother that sponsor you all, means that is more than 8 people).

http://uscis.gov/graphics/howdoi/affsupp.htm

It sounds like cover some of you and that is why just part of your family received the first visas and not all of you.

Good luck,
 
It looks like they are multiple siblings and the sponsorer income is below 125% for such a huge family. An other problem could be if any of your siblings that are being denied could have been involved in any criminal act in your home country. These could be the likely reasons for the denial. Your sponsor(Brother) could have done this incrementally or annually. He should contact a lawyer.

Good Luck.
jumbam
 
You must log in or register to reply here.
Top