Thank God, Its over(at least for now )

I

imihelp

Registered Users (C)
I received plastic cards (and a second set of Welcome letters ) for myself , my wife and daughter, yesterday. We had our interviews on the 17th November 2003 and POE at ATL on 15 Jan 2004.
Just a Recap:

EB2, RIR Priority Date NOV-19-2001

LABOR RFE on SEPT 5 2002, Replied on Sept 16 2002, Approval in Oct 10 2002.
I-140 (CP Option) OCT-21-2002 (TSC)

I-140 Approval JUNE-12-2003(Still the ONLINE Case Status check has not changed from the initial receipt message)

Interview at Chennai on 17 November 2003



2 months of peaceful vacation in INDIA.

POE ATL on 15- Jan - 2004

First set of Welcome letters during the last week of January 2004

We got Plastic Cards and a second set of welcome notices yesterday.

Got Immigrant Visa packets Exactly 2 years after the Labor filing date. Nevetheless it has been quite a journey. Everything as usual, Nothing seem to have changed, just a feeling of being a little more secure. Thank you all for being so supportive especially, Divekar, Raju, Rajeev Kumar.....

For the rest of you who are still in this process,

Consular Processing is a Better Alternative right now. Chances for being rejected in CP is virtually ZERO. Unlike in the case of a Non-Immigrant Visa, the Consular Officer Cannot use his descretion to deny an Immigrant petition. I have seen only one instance of CP denial in my life, and that was because the employer WIRED the consulate about their determination to terminate the employee.

Good luck to you all.
 
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imihelp,

Congratulations on your success.

Now the forum hopes you would pitch in with the knowledge
you acquired to help those in line.

As you have mentioned we all have benefited from this forum
and all our posts are just a token of our appreciation.

Good luck with your post GC life

Raju
 
imihelp:

HEartiest congratulations!~Live life king size!

Like raju wrote...if you get the time do share your immigration knowledge on this forum to assist the future immigrant candidates.

I am jealous about your 2+ months vacation...although i managed to pull a 6 weeks vacation.

BTW...I think there is a discrepancy about the Labor year in your posting above (Labor approval should be 2002 i think)!
 
Thank you Raju, kd1403.

kd1403 you are right!, The labor approval was in Y-02

I have corrected the same above.

Like both of you suggetsed, I will stick around and try to provide information that may help anyone using this forum.

I have had a strange experience at the POE. I have a lot to tell you guys about it. Rightnow I am a bit busy and will post my experience very soon.

Cheers
 
Congrats!!!


"Unlike in the case of a Non-Immigrant Visa, the Consular Officer Cannot use his descretion to deny an Immigrant petition..."


Was this actually stated in the law/INS/DOS regulations or just people think that way?
 
Thank you;

rearding your question , Yes I believe there are clear DOS regulations regarding the above.

In the case of a Non-immigrant Visa petiotion, the main reason for denial is 'Dual Intend'. Inability of the candidate to demonstrate clearly that his/her visit to US is temporary and has no intention of permanent stay. The officer who is interviwing has the 'Sole descretion' to determine that.

Where as in the case of an Immigrant Visa, the denials are primarily due to the following 3 reasons

1) Concerns of Public chargeability(In terms of Financial support, Communicable Deseases etc.)
2) Fraud, Crminal Back grounds. (If you ever happen to have any of these mis demeaners, Consular Processing may not be a wise choice. In addition to what you state in DS-230 Part 2, there are criminal/background checks performed at all levels of processing (BCIS, NVC, CONSULAR levels). The results of such checks will accompany your file till the end( Till the final stage-Which is Immigrant Visa and Alien Registration done at the Texas Service Center after a succssfull POE). So be very careful in what you state in the DS forms. I donot mean to frighten you, but

'Misrepresentation or Hiding of a MATERIAL FACT can be an immediate cause of Denial'

If none of the above unfortunate situations exists, and all the necessary documents are in order the Consular officer shall approve such petition .
In the case of a Non-immigrant visa denial there is no AUTOMATIC revision unless the candidate prove substantial change in situation, where as in the case of an IMMIGRATION PETITION the case is not automatically denied, the Interviewing officer has to refer the case to a supervising officer, substantiating the reasons he found in the case which would make it to be ineligible for approval. The superviser after reviewing the case, decides to deny it, he/she has to send it to the DOS Head Quarters in the US , to seek their openion, before the denial. It involves a lot of fact finding and documentation at the Consular levels. So if the case is genuine, the Consular officer cannot use his descretion alone.

In all the cases (Immigrant Visa) the candiadate as well as any attorney of record should be notified of the facts and reasons behind the CO's intention of denial, so that they can prove to make the case eligible, with additional facts or info. There are clear STATE DEPARTMENT MEMOS regarding these facts and like many I have noticed them while browsing the web when I was pursuing my case.

You may also want to do 'SUCH FACT FINDING', If you want to be 'SO SURE and SPECIFIC'. After all I would not consider any of these postings 'A LEAGAL STATEMENTS' . You are at your own risk to evaluate and make a decision based on several of such posting.

I DO INTEND TO POST THINGS AS A TOCKEN OF MY GRATITUDE,(Like raju suggested), USE IT AT YOUR OWN RISK AND ALL THE DISCLAIMERS DO APPLY.

Again Good Luck
 
Originally posted by alren
Congrats.

Thank you Alren,

What - Did they take your Toe prints instead ... :D
Click to expand...

Yes. I had to have them take my 'Toe Print' every time I was crossing the 'Airport Security' ;) , But not by any BCIS officer.

However it was something more than that. Take a deep breath and relax :cool:, I will explain it in detail. I did not mean to 'put you in suspense' but there is a lot to write and it needs a little time. As I just got back from my (looong) vacation , I need some time to settle at my work. Appologize for the delay.

Cheers.
 
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