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	Create New Topic   My Posts   My forum buddies   Invite friends   Private messages Russian brides > Main Forum > GUIDANCE ON PETITION REVOCATIONS - JULY 1, 2001 Author Post Sergey Member send PM   block PM add to buddies Send: 9/6/2006 7:58:05 PM   Please note the redundant and spelled out language of this U.S. State Department advisory cable, as if it were intended for special ed. TO ALL DIPLOMATIC AND CONSULAR POSTS 1. Posts should be judicious about returning petitions, since the revocation process is lengthy and the evidentiary standard that must be met to sustain a petition revocation is relatively high. 2. ..posts return relatively few petitions to BCIS for revocation. This is a positive practice from our perspective, since as a general rule petitions should only be returned to BCIS when fraud or misrepresentation or ineligibility for status can be clearly established or when the petition merits automatic revocation because of such circumstances as the death of the petitioner. 3. In all cases the guidance emphasizes that BCIS approval of a petition is prima facie evidence of the applicant's entitlement to visa status, and that consular officers should not attempt to readjudicate petitions. Rather, a consular officer should only seek revocation of the petition if the officer knows, or has reason to believe, that the petition approval was obtained through fraud, misrepresentation or other unlawful means, or that the beneficiary is not entitled to the status conferred by the petition. Petitions generally should not be returned unless the post uncovers new information not known to BCIS at the time of petition approval. The FAM cautions that posts should seek revocations "sparingly," to avoid inconveniencing the petitioners and applicants and to avoid creating an additional administrative burden for BCIS. 4. Providing solid evidence of fraud or misrepresentation in a petition relationship may not be achievable in many cases, particularly those involving marriage or relationship fraud. The FAM guidance on revocations makes this point on several occasions -- posts seeking revocations must show the "factual and concrete reasons for revocation." BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, BCIS will be unlikely to obtain a petition's revocation if a petitioner chooses to contest a notice of intent to revoke. 5. Posts should not return petitions to BCIS based on mere suspicion or as a substitute for making a decision at post. If the evidence of fraud, misrepresentation, or ineligibility for status is strong enough to lead to a likely revocation, returning the petition would be warranted. However, if post believes the evidence is not likely to lead to a revocation and returning the petition would be a wasted exercise, the petition should not be returned. Returning cases that are only suspect or that appear too complex to figure out is not appropriate and only increases BCIS'' administrative burden and prevents the applicants and petitioners in these cases from obtaining the timely decision on their petitions to which they are entitled. 6. In the absence of hard, factual evidence of fraud, misrepresentation, or ineligibility for status, consular sections are advised to issue the visa, assuming the alien is otherwise qualified.. 9. Once post has decided that a case warrants return to BCIS, the memo requesting revocation should be prepared expeditiously and the case returned as quickly as possible. Keeping a case for a lengthy period because officers do not have time to prepare the revocation memo is not fair to the applicant or petitioner, only invites more work in the long run in the form of congressional inquiries and calls about the case, and can even lead to litigation. It places an unfair burden on the petitioner and beneficiary, who in many cases would choose to contest the revocation but cannot do so until BCIS has received the file and sent a notice of intent to revoke to the petitioner. As a rule of thumb, posts should not allow petitions earmarked for return to BCIS to languish more than a week or two. Our e-mail poll revealed that by-and-large posts are aware of this need for quick processing and are preparing revocation memos with dispatch. COLIN POWELL DrKoop Member send PM   block PM add to buddies Send: 9/11/2006 10:24:32 AM   Sergey, I read about your memo, and without knowing about your disclosure, and how it ties to your no smile, I give you 2 possibilities. 1. US consulates owe nothing to the tax-payer. Their sole allegence is to the foreign ladies, whom they protect, often from nothing more than own mental masterbution. 2. You were simply discriminated against by racists, or played with by sadists. 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