NewRunner, BobSmyth, Huracan, Jackolantern, and others - please advise...

Aug_2009

Registered Users (C)
I am an US resident - in my 5th year of residency.

I have family in Austrlia - two siblings (sisters). Since I hold an Indian passport, I cannot travel without a visa. I applied for and received 12-month Tourist visas in April 2007, and April 2008. Upon expiry of the visa, I applied for another, again this year (April '09).

My passport had remained at the embassy for more than 3 weeks, when I received an e-mail from my sibling that our other sibling had suffered a head injury, and had been admitted to the "ER at Royal Hobart Hospital". The e-mail went on to add that the sibling was headed to Hobart by the first flight.
It was the morning of May 4th - I promptly wrote to the embassy, requesting expedited processing of my visa application. A lady called me at 8pm, EST. She informed that she was calling from the embassy, and had just processed my visa. She said that it was 8pm, and would not be able to send it until the following day. She asked me if that was ok? I replied by asking if I had a choice. She replied in the negative. I then went on to ask if I had been issued a 12-month visa (as in prior years). She replied in the neagtive - she said she awarded me a 3-mo. visa. I asked her, why so - I asked if the decision was prompted by my impromptu request for processing of my visa application? She replied that I had "insufficient ties" to the US, and "might not return" from Austrlia. I asked her to give me an example of "ties", and she replied, "such as owning a home". (I thought to myself, how antiquated, and even convoluted that argument - for one could have n # of reasons for renting vs. owning. Moreover, the document check-list did not list any titles of ownership, or such). By this time, I was frustrated - I indicated to her that I was a Permanent resident - that I was on the route to "naturalization". She replied that she "did not know about the Naturalization process" (at which point I thought to myself that was telling - that she didn't have the full knowledge to adjudicate visas in the US). I pointed to her that the application was for a 12-mo. validity visa as published on the website, and also as awarded to me in past years ('07, and '08). She replied that it was not "required" to award a 12-mo. visa. She added something to the effect, "I'm here at this hour, and I don't know what you expect of me" (to which, I thought to myself, "I imagine, you were expected to depatch my passport by close of business? ...and then, you didn't even enquire about the condition of my sibling that suffered the head injury?)

I pondered over the matter overnight, and concluded that my credentials had only improved over the past couple of yrs. I decided that I must 'strive' for the issuance of a 12-month visa - given that my passport had not yet been despatched. Items that I considered - how the issuance of a 3-month visa would cause me severe distress:
a) For starters, this could become a pattern. I would then need to apply every 3 months - which would cost me application fees, shipping costs, and time for organizing the paper-work.
b) My passport would remain at the Consulate for the better part of the year - just for the sake of securing the ability to travel to Austrlia. This situation would prevent my travel to India.

So, I wrote to her, first up, the following morning - I asked to connect me to a supervisor, so I could explain my "ties" to the United States. I waited for a couple of hours, but she did not reply. Since the day was running out, I followed up with another e-mail - literally touting my credentials, point by point.
Boy, was she incensed at my e-mail - she called my cellphone 6 times (seething with anger)! When I returned her call, she was livid - she accused me of "harrassing" her! I asked, "how so?". She replied that she was making a note - that she had "inserted all in my file". Upon being 'threatened', I simply shut up.
(Clearly, she took umbrage at my e-mail...)

My Priority Mail w/Signature confirmation (comprising new application) sent last week was REFUSED (from being accepted). I do not know if my name has been turned into "persona-non-grata"...

Gentlemen, I need your ideas:
1) How to resolve the issue - who to approach, etc. (Travelling to Austrlia is important to me - especially on a/c of a frail sibling that is prone to injury and illness)

2) Can this individual or the Consulate itself, 'influence' USCIS, in any manner (as I send my N-400 this week)?

Thank you much, for your time.
 
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I am an US resident - in my 5th year of residency.

I have family in Austrlia - two siblings (sisters). Since I hold an Indian passport, I cannot travel without a visa. I applied for and received 12-month Tourist visas in April 2007, and April 2008. Upon expiry of the visa, I applied for another, again this year (April '09).

My passport had remained at the embassy for more than 3 weeks, when I received an e-mail from my sibling that our other sibling had suffered a head injury, and had been admitted to the "ER at Royal Hobart Hospital". The e-mail went on to add that the sibling was headed to Hobart by the first flight.
It was the morning of May 4th - I promptly wrote to the embassy, requesting expedited processing of my visa application. A lady called me at 8pm, EST. She informed that she was calling from the embassy, and had just processed my visa. She said that it was 8pm, and would not be able to send it until the following day. She asked me if that was ok? I replied by asking if I had a choice. She replied in the negative. I then went on to ask if I had been issued a 12-month visa (as in prior years). She replied in the neagtive - she said she awarded me a 3-mo. visa. I asked her, why so - I asked if the decision was prompted by my impromptu request for processing of my visa application? Speaking in a SE Asian accent, she replied that I had "insufficient ties" to the US, and "might not return" from Austrlia. I asked her to give me an example of "ties", and she replied, "such as owning a home". (I thought to myself, how antiquated, and even convoluted that argument - for one could have n # of reasons for renting vs. owning. Moreover, the document check-list did not list any titles of ownership, or such). By this time, I was frustrated - I indicated to her that I was a Permanent resident - that I was on the route to "naturalization". She replied that she "did not know about the Naturalization process" (at which point I thought to myself that was telling - that she didn't have the full knowledge to adjudicate visas in the US). I pointed to her that the application was for a 12-mo. validity visa as published on the website, and also as awarded to me in past years ('07, and '08). She replied that it was not "required" to award a 12-mo. visa. She added something to the effect, "I'm here at this hour, and I don't know what you expect of me" (to which, I thought to myself, "I imagine, you were expected to depatch my passport by close of business? ...and then, you didn't even enquire about the condition of my sibling that suffered the head injury?)

I pondered over the matter overnight, and concluded that my credentials had only improved over the past couple of yrs. I decided that I must 'strive' for the issuance of a 12-month visa - given that my passport had not yet been despatched. Items that I considered - how the issuance of a 3-month visa would cause me severe distress:
a) For starters, this could become a pattern. I would then need to apply every 3 months - which would cost me application fees, shipping costs, and time for organizing the paper-work.
b) My passport would remain at the Consulate for the better part of the year - just for the sake of securing the ability to travel to Austrlia. This situation would prevent my travel to India.

So, I wrote to her, first up, the following morning - I asked to connect me to a supervisor, so I could explain my "ties" to the United States. I waited for a couple of hours, but she did not reply. Since the day was running out, I followed up with another e-mail - literally touting my credentials, point by point.
Boy, was she incensed at my e-mail - she called my cellphone 6 times (seething with anger)! When I returned her call, she was livid, almost hysterical - she accused me of "harrassing" her! I asked, "how so?". She replied that she was making a note - that she had "inserted all in my file". Upon being 'threatened', I simply shut up.
(Clearly, she took umbrage at my e-mail...)

She 'threatened' me, and she meant business. She's proven vindictive - my Priority Mail w/Signature confirmation (comprising new application) sent last week was REFUSED (from being accepted). I do not know if my name has been turned into "persona-non-grata" (for no fault of mine, but an enormous ego of the officer).

Gentlemen, I need your ideas:
1) How to resolve the issue - who to approach, etc. (Travelling to Austrlia is important to me - especially on a/c of a frail sibling that is prone to injury and illness)

2) Can this individual or the Consulate itself, 'influence' USCIS, in any manner (as I send my N-400 this week)?

Thank you much, for your time.

No other country consulate can "influence" USCIS in your N400 decision making process, unless its criminal or fraud related - in which case it will have to follow usual process of issue reported to authorities etc.

Friendly advice - treat them as you would treat USConsulate, that is, remembering that consular officers have authority to deny, give out limited validity visas etc.
 
No other country consulate can "influence" USCIS in your N400 decision making process, unless its criminal or fraud related - in which case it will have to follow usual process of issue reported to authorities etc.

Friendly advice - treat them as you would treat USConsulate, that is, remembering that consular officers have authority to deny, give out limited validity visas etc.

Thank you, ABS Rao. How do I move forward, now - considering the situation I'm in (in order to secure an Austrlian visa again)? Any ideas?
 
How much time have you been spending in Australia each year? Maybe you've been spending too much time there, that's why they are inclined to only give you a 3-month visa.

Anyway, your question about obtaining an Australian visa has nothing to do with US citizenship. Ask on a forum that is dedicated to Australian visas.

However, if you've been spending more than 6 months at a time in Australia, that definitely hurts your chances of obtaining US citizenship.
 
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How much time have you been spending in Australia each year? Maybe you've been spending too much time there, that's why they are inclined to only give you a 3-month visa.

Anyway, your question about obtaining an Australian visa has nothing to do with US citizenship. Ask on a forum that is dedicated to Australian visas.

However, if you've been spending more than 6 months at a time in Australia, that definitely hurts your chances of obtaining US citizenship.

Jackolantern, thanks for your reply. I have made only ONE trip (for a month) in 27 months (12+12+3) of visa. That, exactly was my point.

Will y now say that I'm not being awarded a visa because I'm not using it? :)
 
Jackolantern, thanks for your reply. I have made only ONE trip (for a month) in 27 months (12+12+3) of visa. That, exactly was my point.

Will y now say that I'm not being awarded a visa because I'm not using it? :)
No, I was just asking, because spending too much time in their country is one reason for them to get hostile or restrictive about giving more visas.

You should have just quietly accepted the 3-month visa, because in 3-6 months you should have a US passport and won't need a visa for Australia anymore, so there wouldn't be any pattern of having to reapply every 3 months for the visa.

But now that you've had this volatile encounter, if your visa is rejected outright this time, that may cause you to get refused entry with your US passport, if the officer you talked to makes notes of you in the system and other Australian officers in the future are able to determine that you are the same person.
 
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I am an US resident - in my 5th year of residency.

I have family in Austrlia - two siblings (sisters). Since I hold an Indian passport, I cannot travel without a visa. I applied for and received 12-month Tourist visas in April 2007, and April 2008. Upon expiry of the visa, I applied for another, again this year (April '09).

My passport had remained at the embassy for more than 3 weeks, when I received an e-mail from my sibling that our other sibling had suffered a head injury, and had been admitted to the "ER at Royal Hobart Hospital". The e-mail went on to add that the sibling was headed to Hobart by the first flight.
It was the morning of May 4th - I promptly wrote to the embassy, requesting expedited processing of my visa application. A lady called me at 8pm, EST. She informed that she was calling from the embassy, and had just processed my visa. She said that it was 8pm, and would not be able to send it until the following day. She asked me if that was ok? I replied by asking if I had a choice. She replied in the negative. I then went on to ask if I had been issued a 12-month visa (as in prior years). She replied in the neagtive - she said she awarded me a 3-mo. visa. I asked her, why so - I asked if the decision was prompted by my impromptu request for processing of my visa application? Speaking in a SE Asian accent, she replied that I had "insufficient ties" to the US, and "might not return" from Austrlia. I asked her to give me an example of "ties", and she replied, "such as owning a home". (I thought to myself, how antiquated, and even convoluted that argument - for one could have n # of reasons for renting vs. owning. Moreover, the document check-list did not list any titles of ownership, or such). By this time, I was frustrated - I indicated to her that I was a Permanent resident - that I was on the route to "naturalization". She replied that she "did not know about the Naturalization process" (at which point I thought to myself that was telling - that she didn't have the full knowledge to adjudicate visas in the US). I pointed to her that the application was for a 12-mo. validity visa as published on the website, and also as awarded to me in past years ('07, and '08). She replied that it was not "required" to award a 12-mo. visa. She added something to the effect, "I'm here at this hour, and I don't know what you expect of me" (to which, I thought to myself, "I imagine, you were expected to depatch my passport by close of business? ...and then, you didn't even enquire about the condition of my sibling that suffered the head injury?)

I pondered over the matter overnight, and concluded that my credentials had only improved over the past couple of yrs. I decided that I must 'strive' for the issuance of a 12-month visa - given that my passport had not yet been despatched. Items that I considered - how the issuance of a 3-month visa would cause me severe distress:
a) For starters, this could become a pattern. I would then need to apply every 3 months - which would cost me application fees, shipping costs, and time for organizing the paper-work.
b) My passport would remain at the Consulate for the better part of the year - just for the sake of securing the ability to travel to Austrlia. This situation would prevent my travel to India.

So, I wrote to her, first up, the following morning - I asked to connect me to a supervisor, so I could explain my "ties" to the United States. I waited for a couple of hours, but she did not reply. Since the day was running out, I followed up with another e-mail - literally touting my credentials, point by point.
Boy, was she incensed at my e-mail - she called my cellphone 6 times (seething with anger)! When I returned her call, she was livid, almost hysterical - she accused me of "harrassing" her! I asked, "how so?". She replied that she was making a note - that she had "inserted all in my file". Upon being 'threatened', I simply shut up.
(Clearly, she took umbrage at my e-mail...)

She 'threatened' me, and she meant business. She's proven vindictive - my Priority Mail w/Signature confirmation (comprising new application) sent last week was REFUSED (from being accepted). I do not know if my name has been turned into "persona-non-grata" (for no fault of mine, but an enormous ego of the officer).

Gentlemen, I need your ideas:
1) How to resolve the issue - who to approach, etc. (Travelling to Austrlia is important to me - especially on a/c of a frail sibling that is prone to injury and illness)

2) Can this individual or the Consulate itself, 'influence' USCIS, in any manner (as I send my N-400 this week)?

Thank you much, for your time.

Hey

I read your story and have empathy. I too have been refused by a consulate before. But I have to be frank with you with a little dose of truth.
You have no one but yourself to blame for this incident. A visa is not a right...you are not citizen of that country. And it is a very bad to tell consulate officials how to do their job no matter how "credentialed" you think you are. Here the ego trip was on your part.

That being said. I would try to resolve this issue by sending her an email an apologizing. Just explain that your sibling health condition got the best of you. As far as USCIS goes there should be no consequences.

I really hope you resolve the issue and wish speedy recovery for your sibling.

Take care.
 
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I say

1. Don't come to any conclusions about future. Whats done is done.

2. If they haven't sent you your passport yet (from your writing they did), write them a nice letter apologizing and mention that you were under stress due to the relative health situation. Think calmly, you owe that lady an apology. Its their country and they make rules on visa. I am not sure if this will get you anything, but just a thought. Do ask nicely to grant you a short span visa so you can visit your sick relative. You may or may not get reply to this letter.

3. Unless its UTMOST important that you have visa now, do not retry. Chances are high (as you have seen already) that it will be rejected.

4. As others suggested, ask about visa situation in Australian form thread as some may have relevant advice.
 
Jackolantern has asked the question I had in mind. However, it seems you don't have a pattern of long stays in Australia. You just need the 12 month visa so you can travel any time you want during that period. Perhaps I've read your post too quickly, but can you still get the 3 month visa? That's better than nothing.

This shouldn't have any bearing on your N-400 application.

Let me say it this way, this seems like you're making a storm in a teacup. Let me put it this way. You get a 3 month visa for Australia, you become a US citizen hopefully in about 4 or 5 months, and then I guess you can travel visa free. I don't see how you are going to spend large amount of money on future visas.
 
No, I was just asking, because spending too much time in their country is one reason for them to get hostile or restrictive about giving more visas.

You should have just quietly accepted the 3-month visa, because in 3-6 months you should have a US passport and won't need a visa for Australia anymore, so there wouldn't be any pattern of having to reapply every 3 months for the visa.

But now that you've had this volatile encounter, if your visa is rejected outright this time, that may cause you to get refused entry with your US passport, if the officer you talked to makes notes of you in the system and other Australian officers in the future are able to determine that you are the same person.


Jackolantern, thanks again. I guess, I cannot undo what is now the past - I guess, I was too taken in on making the argument about the preceding visas, et al.

To your q, the mail (USPS Priority w/Signature Confirmation) was REFUSED (apparently, it was not accepted, not opened) - I believe the envelope is on its way back. ...isn't that weird? Anyway, is this a more 'hopeful', or 'hopeless' situation than denial of a visa?
 
Hey

I read your story and have empathy. I too have been refused by a consulate before. But I have to be frank with you with a little dose of truth.
You have no one but yourself to blame for this incident. A visa is not a right...you are not citizen of that country. And it is a very bad to tell consulate officials how to do their job no matter how "credentialed" you think you are. Here the ego trip was on your part.

That being said. I would try to resolve this issue by sending her an email an apologizing. Just explain that your sibling health condition got the best of you. As far as USCIS goes there should be no consequences.

I really hope you resolve the issue and wish speedy recovery for your sibling.

Take care.

FormerF1, thank you for your perspective, I appreciate it - I accept your point of view.

Let me just explain myself - that I was not being arrogant, I probably just tried a tad too hard to buttress my case for a 12-mo. visa while the passport remained (that day) in DC. (I guess, I believed I had a good chance of arguing - given the two prior 12-mo. visas)

It is an excellent idea to write her an e-mail of apology. However, are you sure that won't rile her again? :)
(If I may remind, this matter is now 3 months old...)
 
I say

1. Don't come to any conclusions about future. Whats done is done.

2. If they haven't sent you your passport yet (from your writing they did), write them a nice letter apologizing and mention that you were under stress due to the relative health situation. Think calmly, you owe that lady an apology. Its their country and they make rules on visa. I am not sure if this will get you anything, but just a thought. Do ask nicely to grant you a short span visa so you can visit your sick relative. You may or may not get reply to this letter.

3. Unless its UTMOST important that you have visa now, do not retry. Chances are high (as you have seen already) that it will be rejected.

4. As others suggested, ask about visa situation in Australian form thread as some may have relevant advice.


ABS, thank you for the perspective - I will act accordingly. I will post further developments/updates on this matter.
 
Jackolantern has asked the question I had in mind. However, it seems you don't have a pattern of long stays in Australia. You just need the 12 month visa so you can travel any time you want during that period. Perhaps I've read your post too quickly, but can you still get the 3 month visa? That's better than nothing.

This shouldn't have any bearing on your N-400 application.

Let me say it this way, this seems like you're making a storm in a teacup. Let me put it this way. You get a 3 month visa for Australia, you become a US citizen hopefully in about 4 or 5 months, and then I guess you can travel visa free. I don't see how you are going to spend large amount of money on future visas.

Huracan, thank you for the post.

To answer your 1st q, I do not see a possibility of securing a visa - atleast in the short-term, or until this issue is 'resolved'.

With regard to your 2nd q, it is not just costs, it was about "life without a passport" - I was informed that it was taking upto 6 weeks to process a visa application. (It would mean that I definitely would not be able to travel to India. Additionally, I would not even be able to travel to Austrlia in an emergency - because it was would be under processing. Hence, my request/insistence for a 12-mo. visa)
 
Ok. I hope that the returned mail doesn't mean your chances are lost on obtaining a visa if you reapply for a visa.

So, do you have your passport in hand, or is it still at the Australian consulate? It seems from your post that the visa was either denied or not issued in the end. Was it denied? From reading your first post it seems the consulate had your passport for 3 weeks and they were willing to issue a visa valid for 3 months, but then things got complicated during the "negotiation" for a longer term visa. So, at the end of this, who has the passport, and what happened to that 3 months visa.

Good luck, and I hope your brother gets better. I hope that if this situation doesn't get resolved to your satisfaction that you don't have to travel in an emergency before you get your US citizenship.
 
FormerF1, thank you for your perspective, I appreciate it - I accept your point of view.

Let me just explain myself - that I was not being arrogant, I probably just tried a tad too hard to buttress my case for a 12-mo. visa while the passport remained (that day) in DC. (I guess, I believed I had a good chance of arguing - given the two prior 12-mo. visas)

It is an excellent idea to write her an e-mail of apology. However, are you sure that won't rile her again? :)
(If I may remind, this matter is now 3 months old...)

A nice email or better, a letter addressed to the lady will at least improve your image. She will not take the extra step to dirty your file and cause you future problems with entry to Aus.

Good luck and my prayers to your sibling...
 
Sounds like you connected to a loony tune visa officer. Who calls your cell phone number six times. She can deny your visa-but call you six times-unless you exchanged a few emails with a really bad tone?


That being said, a visa is totally up to the consular officer and they really have no reason to give you even the grounds for rejection. You can't force them to admit you to their country. That is like arguing with a policeman that 45 mph is actually safe ina 25 mph zone. The policeman did not make the rule and riling him/her up is not going to get you anywhere. For now get the visa and apply for citizenship-it appears only to be taking a few months.
 
Ok. I hope that the returned mail doesn't mean your chances are lost on obtaining a visa if you reapply for a visa.

So, do you have your passport in hand, or is it still at the Australian consulate? It seems from your post that the visa was either denied or not issued in the end. Was it denied? From reading your first post it seems the consulate had your passport for 3 weeks and they were willing to issue a visa valid for 3 months, but then things got complicated during the "negotiation" for a longer term visa. So, at the end of this, who has the passport, and what happened to that 3 months visa.

Good luck, and I hope your brother gets better. I hope that if this situation doesn't get resolved to your satisfaction that you don't have to travel in an emergency before you get your US citizenship.

Huracan, thanks again.

To clarify, my post is really abt two incidents:
a) The visa officer mentioned in my post did award me a 3-mo visa on May. 4th - which ran out on Aug. 3rd. Hence my latest application - the mail that was sent last week.
b) the most recent action being REFUSAL of the mail packet, last Friday (8/7/09). I meant to point out this action by the embassy - subsequent/consequent to my interaction with the visa officer, May 5th.
 
A nice email or better, a letter addressed to the lady will at least improve your image. She will not take the extra step to dirty your file and cause you future problems with entry to Aus.

Good luck and my prayers to your sibling...

Thanks, FormerF1
 
Sounds like you connected to a loony tune visa officer. Who calls your cell phone number six times. She can deny your visa-but call you six times-unless you exchanged a few emails with a really bad tone?


That being said, a visa is totally up to the consular officer and they really have no reason to give you even the grounds for rejection. You can't force them to admit you to their country. That is like arguing with a policeman that 45 mph is actually safe ina 25 mph zone. The policeman did not make the rule and riling him/her up is not going to get you anywhere. For now get the visa and apply for citizenship-it appears only to be taking a few months.


Thanks, TNWalker. What's done, cannot be undone now, unfortunately. I appreciate your perspective.

To respond to your post, I do not know how 'bad' the tone of my e-mail. In hindsight, she was somewhat hot-headed/irritable. To top it,
a) she did not believe (as pointed out on this thread) that she was 'bound' to award me a visa.
b) she did not like my arguing with her - she probably decided to draw a line in the sand, even if (she knew) she was wrong.
 
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I find strange that a consulate can take an action like that, i.e. refuse to open mail and return mail. I would wait to get the mail back and see if the post office included an explanation of the rejection. If it is something related to incorrect address or some other postal service problem I think you could reapply immediately upon correcting whatever issue. Could it be that they don't take mail that requires signature? Perhaps a regular registered mail would have sufficed.
 
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