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I get a lot of private messages from folks who have had a recent petitioned visa denials under 221(g), and want to know what they can do to get one. Sorry, but I don't have the time to respond to all individually, so I'll try to do it in one shot.
I believe that 90% of the petitions returned do not qualify for the legal criteria for petition return. All returned petitions are accompanied by petition return memorandums, which are prepared by vice consuls.
Although visa refusals must be reviewed by a superior at the same post, the method of review is such that objective supervisory review is often precluded. The unusual circumstance of working and living together in a distant land, isolated from normal community and social interaction, places the supervisor and subordinate in too close a work and social relationship to permit objective supervisory review.
There are 4 ways to know of consulate's objections, fastest to slowest: (1) Call them yourself (I don't advise it for several good reasons), (2) Congressional inquiry, if your Congressional reps cooperate, (3) FOIA request, and (4) Wait until the CIS mails you the Petition Return Memo (PRM) for an opportunity to address consulate's objections.
When you learn of the reasons or read the PRM, it may enrage you in that someone disrupted your life over such minor or outright ridiculous reasons, so much so that many think that those cannot possibly be the real reasons for visa denial. In a sense they are, and in a sense they aren't. They are in the sense that consulate is not hiding some other super important national security reasons from you. They aren't in the sense that real reasons are what I told you earler: (1) Women in, men out (especially if conoff is a male), (2) Racial, and (3) Feminist (especially if conoff is a female). This is why these memos often seem like a joke.
Memo supporting petition returns should be scrutinized carefully bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned.
Hiring an immigration attorney in the US after the fact is useless. There's nothing s/he can do for you except to sell you some hope. Your only real hope for expediting the process are your Congressional reps. After learning of the reasons, prepare a carefully thought out letter addressing each of consulate's objections, no matter how personal, irrelevant or unlawful they seem for all you're really trying to do is to KA, which is what they want you to do. This is in fact a good year for this because you have 2 additional Presidential hopefuls to ask help from. Use them before the elections.
I believe that 90% of the petitions returned do not qualify for the legal criteria for petition return. All returned petitions are accompanied by petition return memorandums, which are prepared by vice consuls.
Although visa refusals must be reviewed by a superior at the same post, the method of review is such that objective supervisory review is often precluded. The unusual circumstance of working and living together in a distant land, isolated from normal community and social interaction, places the supervisor and subordinate in too close a work and social relationship to permit objective supervisory review.
There are 4 ways to know of consulate's objections, fastest to slowest: (1) Call them yourself (I don't advise it for several good reasons), (2) Congressional inquiry, if your Congressional reps cooperate, (3) FOIA request, and (4) Wait until the CIS mails you the Petition Return Memo (PRM) for an opportunity to address consulate's objections.
When you learn of the reasons or read the PRM, it may enrage you in that someone disrupted your life over such minor or outright ridiculous reasons, so much so that many think that those cannot possibly be the real reasons for visa denial. In a sense they are, and in a sense they aren't. They are in the sense that consulate is not hiding some other super important national security reasons from you. They aren't in the sense that real reasons are what I told you earler: (1) Women in, men out (especially if conoff is a male), (2) Racial, and (3) Feminist (especially if conoff is a female). This is why these memos often seem like a joke.
Memo supporting petition returns should be scrutinized carefully bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned.
Hiring an immigration attorney in the US after the fact is useless. There's nothing s/he can do for you except to sell you some hope. Your only real hope for expediting the process are your Congressional reps. After learning of the reasons, prepare a carefully thought out letter addressing each of consulate's objections, no matter how personal, irrelevant or unlawful they seem for all you're really trying to do is to KA, which is what they want you to do. This is in fact a good year for this because you have 2 additional Presidential hopefuls to ask help from. Use them before the elections.
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