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Old Sep 6th 2008, 6:57 am
  #31  
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Default Re: a liitle bit confused

Originally Posted by meauxna
I see why you are confused.
That quote is from a different Marc Ellis article. And I'm not sure how that hypothetical applies to your case.
Was your petition expired when you interviewed?
Nope, it was valid by the time of my interview. I think this person talks generally about the returing petitons wheather they are expired or not. That's how i understood that. May be I am mistaken.
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Old Sep 6th 2008, 7:07 am
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Default Re: a liitle bit confused

Originally Posted by Ana Armani
Nope, it was valid by the time of my interview. I think this person talks generally about the returing petitons wheather they are expired or not. That's how i understood that. May be I am mistaken.
The article says that the misrep finding is a result of the petition being expired at the interview.

Does it matter at this point? Are you going to do anything differently?
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Old Sep 6th 2008, 7:16 am
  #33  
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Default Re: a liitle bit confused

Originally Posted by meauxna
The article says that the misrep finding is a result of the petition being expired at the interview.

Does it matter at this point? Are you going to do anything differently?
Thanks for your quick responses. I am not going to do anything differently.
All the ideas given here made me feel better.
Thanks everyone a lot
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Old Sep 6th 2008, 9:55 am
  #34  
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Default Re: a liitle bit confused

OK, so "visa was suspended under 221(g)"

Edit: found it - doesn't seem to help - it sounds like it could be for any number of reasons - rats.


No visa or other documentation shall be issued to an alien if

(1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law,

(2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or

(3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4) , if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F) , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a) , or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.


Last edited by Tracym; Sep 6th 2008 at 10:01 am.
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Old Sep 6th 2008, 5:36 pm
  #35  
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Default Re: a liitle bit confused

Originally Posted by Tracym
OK, so "visa was suspended under 221(g)"

Edit: found it - doesn't seem to help - it sounds like it could be for any number of reasons - rats.


No visa or other documentation shall be issued to an alien if

(1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law,

(2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or

(3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4) , if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F) , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a) , or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

And all these things mean what?
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Old Sep 6th 2008, 6:36 pm
  #36  
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Default Re: a liitle bit confused

Originally Posted by Ana Armani
And all these things mean what?
It means the ConOff thought the K-1 visa was not approvable, but we still don't know why.

Rene
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Old Sep 6th 2008, 7:07 pm
  #37  
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Default Re: a liitle bit confused

Originally Posted by Noorah101
It means the ConOff thought the K-1 visa was not approvable, but we still don't know why.

Rene
As I understand this 221(g) is very vague and unclear to everyone. Con.officer has the right to give her\his opinion and send back the petition,bcs she think this is right thing to do.
Oh , I have read something on USA Embassy website in my country,where con.officer says that sometimes while the beneficiary applies for the immigrant visa and had previous refusals,no matter what kind of refusals,con.officer may or maynot help the applicant.
Sometimes the applicants need to file certain application in DHS to state that youare eligible to enter the US.SHe doesn't state what kind of application is filed and when it is necessary to do so.

All I can do is to wait and see if this time I am become approvable.
It was really very unexpected that my new petition was approved within a month,which gives me and my husband the hope that the USCIS took into consideration the fact of the returned petition and got approved the new one very soon.
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