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	Create New Topic   My Posts   My forum buddies   Invite friends   Private messages Russian brides > Main Forum > RETURNING DHS / BCIS - FEB. 25, 2004 Author Post Sergey Member send PM   block PM add to buddies Send: 9/6/2006 8:14:02 PM   Again, note the redundant and spelled out language of this second U.S. State Department advisory cable, as if it were intended for special ed group. Entire cable repeats essentially the same point over and over and over and over. TO ALL DIPLOMATIC AND CONSULAR POSTS GUIDELINES AND CHANGES FOR RETURNING DHS /BCIS APPROVED IV AND NIV PETITIONS 5. The Department is regularly named as a co-defendant with DHS in cases involving the return of immigrant or nonimmigrant petitions to DHS. 6. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. 7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. 8. DHS regulations require DHS/BCIS to provide the petitioner notice of intent to revoke, and to allow the petitioner an opportunity to rebut the grounds for revocation. DHS regulations require that, in the case of nonimmigrant petitions, the revocation must be based only on grounds specified in the regulations. 9. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant." The criteria cited in this note derive from the Board of Immigration Appeals case, Matter of Arias, in which the Board determined that the memorandum supporting a petition return did not constitute "good and sufficient cause" for petition revocation, because it consisted of "observations of the consular officer that are conclusory, speculative, equivocal, or irrelevant to the bona fides of the claimed relationship". 10. Memoranda supporting petition returns should be scrutinized carefully and objectively, 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. 11. INA 212(b) requires the conoff to "provide the alien with a timely written notice that- (A) states the determination, and (B) lists the specific provision or provisions of law under which the alien is inadmissible." 9 FAM 42.81 Procedural Note one instructs the conoff to provide: "1) The provision(s) of law on which the refusal is based; (2) The factual basis for the refusal (unless such information is classified); (3) Any missing documents or other evidence required; (4) What procedural steps must be taken by the consular officer or Department; and (5) Any relief available to overcome the refusal." 12. There are legitimate reasons why in some cases a conoff should not release all information relating to a visa refusal; such reasons could include.. confidentiality concerns. However, absent such considerations, conoffs should provide the applicant with the full factual basis for a visa refusal, as well as a reasonable opportunity to overcome the finding. This is particularly important to ensure that the Department's interests are protected in any subsequent litigation. COLIN POWELL DrKoop Member send PM   block PM add to buddies Send: 9/7/2006 11:37:36 AM   Powell was a 4-star general and dared to advise his department. I can't imagine Condi doing this. President has his cabinet of secretaries and ambassadors, who more freely press the foreign leaders than their own departments and embassies. It's an interesting system, with a shell of democracy, and a core of near-monarchy (federal bureaucracy), which presidents and their cabinets try to avoid as much as possible. AJ Member send PM   block PM add to buddies Send: 9/7/2006 5:51:27 PM   Sergey, you have mail in quick quiz. Sergey Member send PM   block PM add to buddies Send: 9/8/2006 10:41:07 AM   I'm sorry AJ what is quick quiz....a website? nasfan6 Member send PM   block PM add to buddies Send: 9/8/2006 1:16:49 PM   Again, the United States is not a democracy,it is a constitutional republic,far different than a democracy. But the Goebbels media in America want you to believe we live in a democracy,thats how illegal legislation gets passed in the middle of the night. Too many experts here and abroad can't define what our form of government is. So when you refer to the United States as a democracy, you are dead wrong. Germany was a democracy, that's why a Hitler coming to power in the United States is remote by any imagination. There's were the electoral college works. That's also why the small states have a chance in elections because of the electors. If it wasn't the case we would be ruled by the liberals and communists from Left Coast and the East seaboard. 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