Please help me. I'm heartbroken.
Thought a new thread would be best, following on from my "will my family be able to come back"
Passports arrived today with CANCELLED WITHOUT PREJUDICE stamped in them and a letter accusing the petitioner of misrepresentation. The petition and all supporting docs are being returned to USCIS with a recommendation they revoke the petition. We are all devastated. Never saw this coming. And it's the same petition that flew through the embassy first time round. I'm still in shock and can't stop crying. My son is absolutely stunned. What is he supposed to say to his 5 year old who is excited about getting back to his school and all his friends. They have lost everything. They have no home, no jobs, hardly any clothes, and can't even come back to collect and pack up their possessions. What a nightmare :( |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814010)
Thought a new thread would be best, following on from my "will my family be able to come back"
Passports arrived today with CANCELLED WITHOUT PREJUDICE stamped in them and a letter accusing the petitioner of misrepresentation. The petition and all supporting docs are being returned to USCIS with a recommendation they revoke the petition. We are all devastated. Never saw this coming. And it's the same petition that flew through the embassy first time round. I'm still in shock and can't stop crying. My son is absolutely stunned. What is he supposed to say to his 5 year old who is excited about getting back to his school and all his friends. They have lost everything. They have no home, no jobs, hardly any clothes, and can't even come back to collect and pack up their possessions. What a nightmare :( I'm no legal expert but from watching legal TV shows I think the words "without prejudice" means something legally. I'm sure someone who is more knowledgeable will give you some meaningful advice soon. But I think it was on Judge Judy when the person who was suing someone else didn't have some evidence she said "I'm dismissing your case without prejudice. You will be able to come back to this court or go to another court when you have the required evidence". So maybe that is something positive... Maybe the petitioner can appeal against the decision and provide evidence that they weren't misrepresenting anything? I'm not really sure what I'm talking about here as I have no experience with what your family has just gone through. Whatever happens, I hope things work out for your son and his family! |
Re: Please help me. I'm heartbroken.
So sorry... there will be an answer i'm sure.
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Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814010)
Thought a new thread would be best, following on from my "will my family be able to come back"
Passports arrived today with CANCELLED WITHOUT PREJUDICE stamped in them and a letter accusing the petitioner of misrepresentation. The petition and all supporting docs are being returned to USCIS with a recommendation they revoke the petition. We are all devastated. Never saw this coming. And it's the same petition that flew through the embassy first time round. I'm still in shock and can't stop crying. My son is absolutely stunned. What is he supposed to say to his 5 year old who is excited about getting back to his school and all his friends. They have lost everything. They have no home, no jobs, hardly any clothes, and can't even come back to collect and pack up their possessions. What a nightmare :( But I will ask that you also post what the petition was for, what kind of visa. That way others won't have to go find your other thread to read up on the case. Thanks and hope you can get an answer soon. In the meantime, if you are in the USA, can you send some of their things back, so they'll have clothes and some other belongings? Maybe they can stay with friends or other family members until it gets sorted out. Rene |
Re: Please help me. I'm heartbroken.
Originally Posted by Noorah101
(Post 9814096)
I'm so sorry to hear the news.
But I will ask that you also post what the petition was for, what kind of visa. That way others won't have to go find your other thread to read up on the case. Thanks and hope you can get an answer soon. In the meantime, if you are in the USA, can you send some of their things back, so they'll have clothes and some other belongings? Maybe they can stay with friends or other family members until it gets sorted out. Rene I've been doing a search on "cancelled without prejudice" and note some people have entered on VWP with this same wording stamped across their expired visas. Could this be an option for them, so they could at least come get some of their stuff and pay some bills? There seems to be a difference of opinion on whether a visa cancellation should be declared on ESTA. And I know it's still a denial, as they went for a visa and came out empty-handed, but does this ALWAYS result in being denied entry at POE? |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814120)
Thanks Rene. It's L1 and L2 visas, in their second year, first renewal was granted about 6 months ago.
I've been doing a search on "cancelled without prejudice" and note some people have entered on VWP with this same wording stamped across their expired visas. Could this be an option for them, so they could at least come get some of their stuff and pay some bills? There seems to be a difference of opinion on whether a visa cancellation should be declared on ESTA. And I know it's still a denial, as they went for a visa and came out empty-handed, but does this ALWAYS result in being denied entry at POE? Rene |
Re: Please help me. I'm heartbroken.
Most actions in immigration law other than final orders of removal are essentially "without prejudice."
As you note the visa petition had been approved with a validity date until 2013. This validity was "without prejudice" to the visa petition being revoked. So, here is a perfect example of a case of the power of "without prejudice." A two edged sword. Now lets say that USCIS revalidates the petition and sends it back to the consulate -- new visas can be then issued. BTW, I took a quick glance at this and prior postings -- other than the fact that L-1 and L-2 visas were involved, you have not disclosed the nature of the underlying petitions. It is not that I am unsympathetic, its just that you have focused on issues which are legally irrelevant. Your son and his employer should talk to the lawyers. |
Re: Please help me. I'm heartbroken.
Originally Posted by S Folinsky
(Post 9814139)
BTW, I took a quick glance at this and prior postings -- other than the fact that L-1 and L-2 visas were involved, you have not disclosed the nature of the underlying petitions. It is not that I am unsympathetic, its just that you have focused on issues which are legally irrelevant.
All I know, as a mother and grandmother, is that I waved off my family at the airport when they were leaving for their trip, never thinking for one minute they wouldn't be back as planned. I think my son is staying on in the UK for the very reason he has much to discuss with the men in suits on the other side of the pond, the ones in the UK side of things. I don't get too deeply involved in that sort of thing. No doubt he thinks "you wouldn't understand Mother" :confused: It's my daughter-in-law who mostly tells me what's going on. I just want my little guy back and it helps me to share my worries on here. |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814120)
There seems to be a difference of opinion on whether a visa cancellation should be declared on ESTA.
Originally Posted by coopa_troopa
(Post 9814120)
And I know it's still a denial, as they went for a visa and came out empty-handed, but does this ALWAYS result in being denied entry at POE?
As a side note, it's possible that there were other employees at that company who were found not to qualify or the company had misrepresented the nature of the work and that all employees of the company under that blanket were flagged for additional scrutiny during the renewal process. |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814120)
I've been doing a search on "cancelled without prejudice" and note some people have entered on VWP with this same wording stamped across their expired visas. Could this be an option for them, so they could at least come get some of their stuff and pay some bills?
The phrase just means that it does not prevent your son from re-applying for the same visa or another type of visa at a later date (or the VWP in the case of what you have found on the internet). Deportation judgements are "with prejudice" where they don't want to allow you to re-apply for a visa because you must have broken some immigration law to get deported in the first place.
Originally Posted by coopa_troopa
(Post 9814120)
There seems to be a difference of opinion on whether a visa cancellation should be declared on ESTA. And I know it's still a denial, as they went for a visa and came out empty-handed, but does this ALWAYS result in being denied entry at POE?
In your son's case his application for a visa was "denied" and as a result of that denial the old visa in his passport was "cancelled". He needs to declare the "denial" of the visa he just applied for on ESTA and all future visa applications, but not the "cancellation" of the old visa in his passport. I have come to this conclusion because when my Immigrant Visa was being approved at the US Embassy in London in November, 2011 the Consular Officer said "I will be cancelling your B1/B2 visa as it is not appropriate for you to enter the US with that visa any more" and he stamped "CANCELLED" across the face of it. My B1/B2 visa was issued in 2008 and it was a 10 year multiple entry visa. Here I received a "cancellation", but there was no visa denial because my Immigrant Visa was approved! |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814183)
F
All I know, as a mother and grandmother, is that I waved off my family at the airport when they were leaving for their trip, never thinking for one minute they wouldn't be back as planned. |
Re: Please help me. I'm heartbroken.
Originally Posted by coopa_troopa
(Post 9814010)
They have lost everything. They have no home, no jobs, hardly any clothes, and can't even come back to collect and pack up their possessions.
I don't think it is advisable to pack up their possessions, etc unless they feel there is no hope of an appeal or another application succeeding. If they have loads of cash to burn moving their possessions back and forth across the Atlantic that might be an option but things like clothes, just go and buy a few new ones, a couple of outfits per person should tide them over for a while. |
Re: Please help me. I'm heartbroken.
Originally Posted by JAJ
(Post 9814689)
Unfortunately this is a risk any time someone goes outside the United States to renew a visa. It is unusual for there to be a problem - but not unknown.
Anecdotal evidence of course, but something seems to be going on at the Consulates. |
Re: Please help me. I'm heartbroken.
Originally Posted by crg
(Post 9814595)
Some applicants who indicate a prior visa denial are approved by ESTA and some are not. So it doesn't always result in a denied ESTA. If the ESTA is denied, the person isn't supposed to arrive at the POE.
She knows there would have been a secondary questioning if she got to POE but now the chance of truthfully answering to that has now gone too. crg......can you enlighten me on "if ESTA is denied, the person isn't supposed to arrive at the POE" Thank you |
Re: Please help me. I'm heartbroken.
Originally Posted by CAProgrammer
(Post 9814706)
Since you now mention that it is L1 and L2 visa, doesn't that mean that your son's company has offices in the UK from which he was transferred? Can't he contact them, let them know what happened and work from the UK office until this visa issue is sorted out?
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