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Federal Judge Chastises USCIS..... again !

Rating: 4 votes, 5.00 average.
In what has become a common occurrence, a Federal judge has spared no feelings in decrying a decision taken by a USCIS agency. The latest was the Seventh Circuit Court of Appeals wherein the Court stated of the USCIS agency action, "An agency must give reasons for abandoning a precedent. The citation of the case by the Board is incomprehensible, and the government’s argument is nonsense." In a case last year, another Federal judge reviewed an H-1b denial from the California Service Center, and declared that the examiner's reasoning and behavior “constitute[ed] a litany of incompetence that presents fundamental misreading of the record, relevant sources, and the point of the entire petition” and suggested that USCIS “should afford a bare minimum level of professionalism, diligence, and reasoning.” Ouch. In yet another Federal Circuit case, this one from the Ninth Circuit Court of Appeals, the Judge charged the USCIS with an improper understanding of the law and with unilaterally creating and imposing new standards of evidence not required by the law. All of these decisions demonstrate a common theme by the USCIS ignoring established law and precedent and creating its own standards to achieve its desired goal of a denial. When your mandate is to deny a certain percentage of cases due to misguided visions of national security, protection of the U.S. worker, prevention of outsourcing, dissatisfaction with the current law Congress passed or even simply illusions of grandeur, it is easy to justify ignoring the rule of law. In a pure Machiavellian sense, the end goals are all seemingly good, why not break the rules. Will a new Secretary of Homeland Security mandate that the Service Centers stop creating law and simply apply the law ? Probably not; the culture of no is so deeply imbedded in the USCIS that a personnel cleansing would be needed to change it. Can Federal Court decisions like the ones cited above affect change ? Maybe; if enough individuals and U.S. employers who suffer from clearly incorrect decisions take to the Federal Courts, the political pressure created may force change and if not, at least you will get the decision you deserve and under the EAJA, the government may even be required to pay your attorney fees. This post originally appeared at Hammond Law Group's Views on Business Immigration blog.

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Comments

  1. Larry_bshp's Avatar
    I am a service connected disabled American veteran. Since May 2012 I have been jumping through hoops (providing must amusement and laughter to the people of the Immigration Visa Services) while trying to get my foreign born wife a visa. I submitted an I-129 and I-130 forms (both are visa forms) with supporting documentation. Immigrations wanted more documents for the I-129 so I sent the official documents from the Chinese government office which Immigrations asked for. U.S immigrations did like that document even though it was an official, notarized document from the Chinese government, so immigrations denied I-129 and the I-130. I-130 would have allowed my wife to come and stay with me while Immigrations processes the I-129 (visa petition). Since they denied the I-129 they of course denied the I-130.
    Immigrants wrote that I could appeal the denial of the I-129 but could not appeal the denial of the I-130. There would be additional costs to process the appeal, of course, so I appealed I-129. I sent in the appeal with all the supporting documentation for the third time to Immigrants included another i-129 form, money with supporting documentation for the I-129 and waited. Months go by before I hear anything which said they forwarded the I-129 for process. With the I-130 denied my wife could not come live with me until after all the processing was done, which means she would have to stay in china to provide additional information and have the interview for the visa in china.
    Months go by before I heard anything than I receive a request for more documentation, which I sent to U.S Citizenship and Immigration Services (USCIS) via FEDEX. I was told not to contact until 30 days as past for a status, so I waited. I had to reach out them after the 30 days because I had not heard anything from USCIS. I think a month went by before they responded and then request yet more documentation which I sent again via FEDEX.
    In the mean time this process which was supposes to take 8 months according to an Immigrant web site has moved into a year.
    I contact them again a month later I get a reply to send more documents and again I sent the documents. By this time I had signed up for electronic transfer another way of saying ?sent documents via email? This time I wait a couple of weeks and contacted them again and got a reply in about one week this time. They wrote I was not to contact until 20 days has passed. Twenty days later I received I receive and email from USCIS requesting I sent them some documents but these documents were the ones I had sent 20 days before and received acknowledgement they were received. Also now I am receiving communication from two different people in USICS. They replay I need to wait 20 days for process which now it has been 25 days.
    With not seeing the light at the end of the tunnel as you can imagine I asked my wife to get a tourist visa August 2013. She applied at the American Consulate office in Shenyang China. With the tourist visa we could at least be together for short while, a few months. Repeat the request several times if needed until USCIS completes process of her Immigration Visa. She applied for the tourist visa and we were denied. Apparently a husband and wife wanting to see each other is not a good enough reason to get a visa.
    I was told by a group of Chinese people that it is very common for the Visa Officer in Shenyang China to deny visa?s because he get into a bad mood. So I guess by creating emotional and physical distress and hardship for married couple brings the USICS person much joy and happiness so he feels better and can have a good day. I have also refused to paid bribe or exhortation money to get my wife a visa.
    So the Immigration Service will not allow a husband and wife to hold hands, walk along a beach, share a meal together and makes plans for the further. What also gets me about this is I heard on the radio USCIS has approved visas for one million people from Brazil to come here and they processed these visas? in two day and the USCIS expects to approve two million people from Brazil next year. Let?s not forget about Immigration reform, providing a path to citizenship to the 11 million illegal aliens that are already here. Which translate to 11 million more people on welfare? We known the farmers will not pay a higher wage when all they have to do is hire more illegal?s to do the work.
    But American citizens wanting to bring their wife?s here that is a different story, USCIS does not seem to want that to happen. I have no doubt in my mind the people working at the American consulate office in Shenyang china is laughing their sadistic head off as they deny visa for the fun of it and discriminate against Chinese and American married to a Chinese citizen.
    They need to change the name of Immigrant Visa Service USCIS to sometime more fitting ?The American Consulate Office of Pleasure and Pain.? Immigrations get all the pleasure of brining everyone else pain.
    This is my story but it is not an isolated incident. But I?ll save that for another paper.
    In the mean time my wife and I struggle on ever day. I ask you for your support. Please send an email, letter, twitter, blog, phone call whatever method you prefer to the White House, John Kerry State Department, local news station etc, by showing your support, to help me end this injustice and bring my wife here.
    http://www.whitehouse.gov/contact/submit-questions-and-comments
    State Department: http://contact-us.state.gov/app/ask
    Email address:
    New Wire service: info@massmediadistribution.com <info@massmediadistribution.com>;
    Consul General Scott Weinhold ?Shenyang China? : xiaob@state.gov <xiaob@state.gov>;

    Thank you for your support
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