E3 Immigrant Visa refusals in KTM - Sajha Mobile
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E3 Immigrant Visa refusals in KTM
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E3 Immigrant Visa
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Lately, there has been a spate of immigrant visa refusals for follow-to-join family members under visa category E3. The consular hands the applicant Form 194 which says the following: This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section of the Immigration and Nationality Act: Section 221 (g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case: Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible. Based on indications that petition (KDU...........) contains inaccurate information, we are returning it to the Bureau of Citizenship and Immigratino Services (CIS) of the Department of Homeland Security (DHS) for review and possible revocation. If CIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send you a notice of intent to revoke that includes a statement of the facts and evidence and you will have the opportunity to respond. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further detail. While in some cases the applicant isn't given any specific reason for denial, some have been told that the reason was that the Embassy could not verify the employment experience of the petition filer. This is employment experience shown when applying for Labor Certification. Apparently since early 2006 the Embassy has been asking for a copy of ETA 750, the application for labor certification filed with the Department of Labor. It seems the Embassy is denying visas on the basis of suspicion -- that employment experience shown is innacurate. It is not clear what kind of evidence the Embassy requires. In many cases the establishments have closed and it will be difficult to track owners and former employees. The Embassy is not even asking for additional evidence, it is just handing out refusal letters. State Departments guidelines for returning approved immigrant visa petition are given here: http://travel.state.gov/visa/laws/telegrams/telegrams_1415.html http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html http://foia.state.gov/masterdocs/09FAM/0942043PN.PDF The guidelines emphasize that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law, because if the CIS does intend to revoke the petition, the petitioner will litigate. Given that in most cases the Embassy won't be able to produce any solid evidence which cannot be refuted with counter-evidence, it is difficult to understand why it is taking this route. It is unneccesarily creating more hardship for the applicants and petitioners, and prospect of more litigation and work for CIS. If anyone you know is soon applying for an immigrant visa in Nepal, kindly share this information with them. Also, please post your experience, suggestions.
Neptex
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Sorry to hear about this bad news. I wish embassy gives you some more details. I guess the petitioner has to directly deal with USCIS to find out what is next step. Anyway, I wish you a good luck.
sapphire
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what exactly is E3 Immigrant visa? is it the same like H1B?
offline
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Ok, do you be EB3? is this for consular processing? Why folks wants to go to nepal for visa if they are in US and can adjust status here? I didnt understand. Is this for Green card AOS or just visa to come to US for work?
E3 Immigrant Visa
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E3 is an employment based visa, the one requiring at least two years of work experience or a bachelor's degree. This is affecting mostly those who enjoyed amnesty in 2001 and were subsequently sponsored for a Green card by their employers. The petitioners have already gotten their green cards and are now trying to bring their spouse and children. I was wondering if any preemptive measures can be taken, because once the petitions are sent back to CIS by the Embassy it will take a long time to get it resolved.
E3 Immigrant Visa
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bump
Aex
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Dear All, Well Embassy can refuse any non immgrant visa. If you all check the kantipur News few days ago Dv winners of 2006 who added there family after the fact were denied with fat fee.. Well section 212a can be implemented for2006, but till 2005 it was quite alright for them. The case we are talking about eb3 or any other immigrant and benificary visa can not be denied just like that. I think a good law firm is needed for this type of cases. It is better if several similar cases is represented by one law firm. I think with proper legal representation immigrant visa can be obtained at some point. Please contact me for free consultation. Akatwalifegood@aol.com. If fake papers or any other fradulent attempt is made to obtain those visa from either end then please do not bother to contact me. Embassy do check things back home and In US too. Several people tried to bring there friends and relatives by adding them as a spouse or immidiate family benificary by DV winners. No all DV winners are punished becusse of some people. Please becareful while dealing with embassy now a days. Try to adjust your status in US if possible. I advise to all students to not to make unnecessary trip to Nepal, you never know, embassy can deny your visa for no reason. Good luck! akatwalifegood@aol.com
E3 Immigrant Visa
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It is not as simple as just hiring a lawyer. One cannot sue the Embassy over visa matters. You would have to wait until the case is returned to CIS, and if CIS decides to send the Notice of Intent to Revoke (NOIR), then only you can litigate. Not sure how long that process will take, probably years given how slow everything moves in CIS these days. So, it would be nice if the Embassy gives a chance to get it resolved in Nepal.
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