Author Topic: Immigration Process and Issues  (Read 4695 times)

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Offline shaun

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Immigration Process and Issues
« on: October 01, 2013, 01:00:05 pm »
Since there are a few of us who are at different stages of trying to get someone here I thought it might be interesting to flesh out some idea's here.

I know there are those who think the only way is through a lawyer. Then there are people like Robertt who has had success helping others. I have a new friend who has suggested their lawyer to me and of course his wife is here on their first try.

I've failed twice now to get my wife here and I'm kind of feeling like it is a 3 strikes and you're out issue.

What interests me at this point is finding the way to make it happen.  So far when there are failures no one has been able to contact the consulate and talk with the immigration people and resolve issues.  The last person I used at first said he could but when we got our denial he said there was nothing he could do for us.


Offline maxx

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Re: Immigration Process and Issues
« Reply #1 on: October 01, 2013, 03:51:16 pm »
I don't know of anyone you can talk to at the consulate.But I would defiantly talk to Homes and Lolly.They did my wife visa the first time.And got it right.They pulled California Jim's wife's visa application out of the towlet.And fixed it.after Jim's Chinese lawyer screwed it up.

I wouldn't call a congress men.That almost got Gerry and his  wife black listed.

Offline shaun

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Re: Immigration Process and Issues
« Reply #2 on: October 01, 2013, 05:56:51 pm »
Let me say this up front.  I don't want this thread to be about me and my issues per se.  Of course I don't have much else to talk about at this point so...

I know others have issues with immigration.

Maxx hit on a point.  Don't contact your congressman.  It is an automatic deal killer.  My congressman sits on the homeland security council and the day his letter hit the Consulate in Guangzhou they closed the case and shipped it back by a slow boat.  It took over 4 months to arrive back in the US.  Secondly they were to do an assessment of the case here but for some reason they never got to it but the day after it was a closed case forever they closed it and it is never to be seen again.  I can do the freedom of information act and it may take up to 4 years for them to respond to it.  Boom that idea.

This might be a good place to list lawyers who have had success with their clients.  Maybe we can keep a running total of success and failures.  It may be illegal to do but for those of us with fiancés and wives still in China it would be incredibly useful to us.

I was given the name of Charles A. Phillips in Columbia South Carolina as a good lawyer.  Does anyone know anything about him?  I know of 1 case where he had success.

« Last Edit: October 01, 2013, 07:47:23 pm by shaun »

Offline Neil

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Re: Immigration Process and Issues
« Reply #3 on: October 01, 2013, 07:47:36 pm »
Shaun has a very good point.  I made the mistake of emailing the minister of immigration at one point when I was feeling like my case was taking too long.  Next day I received a letter in the mail, but my mail had already been sent.  I'll probably be as old as Willy by the time my wife comes to Canada.

Everyone I talk to has a different idea: should have gotten a tourist visa, then married in Canada.  should have gotten a working visa, then married in Canada.  Shoulda, woulda, coulda. 

We've all been told that once we're married, she's coming over on a permanent resident visa and not to mention work or tourism, but now I wonder if that's really necessary.  I could have lined up a job for my wife and maybe that would have helped her get here faster since the job's not going to wait forever.  If my case fails a second time, I'm going to need a lawyer as well.  If I ever learn an answer to the job question, I'll let everyone know.  I'll try anything at this point.
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Offline IrishGuy65

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Re: Immigration Process and Issues
« Reply #4 on: October 01, 2013, 08:57:23 pm »
Before I started the process (and I'm at the beginning!), I talked with 2 lawyers.  I really didn't like what they had to say, or their fees.  I talked with a couple of guys here, and RoberttS got glowing reviews.  After speaking with Robert, I knew he was the guy.  He is very, very knowledgeable, his fee is very reasonable, and he does most of the detail work for you.  I couldn't recommend him enough.  I would strongly urge you to at least get his number and call him and talk with him.  I think you'll learn a bit and be convinced.

Unfortunately, I don't think Robert can help with Canadian issues.
I-129F Delivered: 9/26/13
NOA-1 Received: 10/1/13
Request for evidence: 11/13/13
RFE evidence received by USCIS: 11/29/13
Approval of petition (online): 12/17/13
NOA-2 Received: 12/24/13
Lisa received letter from Guangzhou: 1/14/13
Interview on 2/25/14.  Visas approved.
Visas picked up on 3/5/14.

Offline shaun

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Re: Immigration Process and Issues
« Reply #5 on: October 02, 2013, 04:14:27 am »
Neil makes an excellent point and is one of the reasons I started this thread.  So many people have different thought and ideas as to how to get the immigration process to work for you.  It is difficult to sort through all of the ideas and weed out the bad ones.  The immigration people are certainly no help when it come to making decisions.

Robert is great.  He and I have talked many times and he is one of my considerations when it comes to this next attempt to bring my wife here.  He has helped me to understand some of the more complex issues.  I am hoping he will weigh in on this subject from time to time.

At this point the main issue or me is what kind of stroke a lawyer or consultant might have after a denial.  I have heard but don't know if it is true that some lawyers can call into the consulate and have been able to pull cases out of the round file.  My most recent application we used someone in China.  They assured me that if things went wrong that they would be able to step in and help us work to change the findings.  When we got the denial they said there was nothing they could do for us.  That is why I am looking for people to comment on the successes of the lawyers they use.

I know in the case of Holmes and Lolly they have had at least 2 successful women to immigrate to the US.  There may be more who have used them on this site.  I threw  out the name of Charles Phillips of South Caroline to see if someone here might have used him and what his track record is.

If I get some comments like this I might change my first post on this thread to reflect the tally of certain lawyers and/or people who professionally submit applications for others.
« Last Edit: October 02, 2013, 09:03:48 am by shaun »

Offline Willy The Londoner

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Re: Immigration Process and Issues
« Reply #6 on: October 02, 2013, 09:30:07 am »


If I get some comments like this I might change my first post on this thread to reflect the tally of certain lawyers and/or people who professionally submit applications for others.

Maybe there should be new thread that solely lists these legal eagles and anything not appertaining to a person or company should be removed so it does not get cluttered up.

Top of the list should be Robertt.

Willy
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Offline shaun

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Re: Immigration Process and Issues
« Reply #7 on: October 02, 2013, 11:51:39 am »
I agree.  Also.  I first posted this under Ask an Experienced Member.    I think it should be moved to the immigration section.   Mods?

Offline maxx

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Re: Immigration Process and Issues
« Reply #8 on: October 02, 2013, 07:55:57 pm »
Shaun it's all in the name.At the bottom of the application.Where it says.Who helped you prepare this application.If the consulate denies a visa application.When you got a well known immigration attourney's name at the bottom of your wife's application.The consulate knows that if they deny the application.They know that you are going to call your over priced lawyer.And raise some hell.The over priced lawyer is then going to call the consulate.And raise some hell.Then questions are going to be asked.If the person doesn't have a valed reason to deny the application.They could loose there job.It's way to cushy of a job.To cause yourself that much grief.Come on free room and board.Private transportation.All major and minor holidays off.Great pay and benifits.

Why did Robert S, Fish, And the guy standing in the post office.Get thiere wife a visa.When they didn't have a lawyer.Because they are vetrens.You know how it goes.You don't mess with a vet.Unless your looking to be some kind of marter.Because somebody is going to put a hurt on you for messing with a vet.A dozen vets broke into a WW 2 memorial.They stood around took pictures.Sang songs.And prayed for the soles of there dead friends. The next day somebody suggested that they arrest the vets for trespassing.The person who suggested this hasn't ben seen since.So you can see where this is going.

How can the consulate mess with the guy who doesn't have a lawyer? Anyway they want to. they can loose paperwork.They can let the medical,The police report expire.what are you going to do.Call your congressman,Go ahead.All you have done is give them more fuel to deny the application.You need the fancy lawyer name at the bottom of the paperwork.Is so that they don't play games with the application.

Offline shaun

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Re: Immigration Process and Issues
« Reply #9 on: October 02, 2013, 08:13:11 pm »
Maxx I hear what you are saying.  You don't need to convince me that a lawyer is needed.

The point of what I am doing is to move beyond all of the minutia of ideas and get to some real facts and build a thread with lawyers names and successes.  I know that you and California Jim have had success with Holmes and Lolly now I am wanting to see if anyone else has.  I am also wondering about other lawyers that might be as good or better.

I not only want this information for me but for others that will travel through this site from time to time trying to make sense of it all.

Has anyone else used Holmes and Lolly and what happened?

Has anyone used another lawyer they would like to talk about?

All I know is that I need my wife to be with me and she wants the same.

Offline Martin

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Re: Immigration Process and Issues
« Reply #10 on: October 02, 2013, 08:30:03 pm »
Both you and Neil are in a tough position.  I really do hope for a positive (and quick) resolution for both of you.  You have both been at this, and a part of this forum for a very long time...Neil I think since the early Facebook days.  I can not imagine how frustrating this has been for both of you.

Offline Chad

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Re: Immigration Process and Issues
« Reply #11 on: October 02, 2013, 08:45:37 pm »
I used Holmes and Lolly and I had success with them. It took almost 18 months to get the visa but it was because I had a lot of paperwork I needed to track down. But they were not expensive and took care of everything for us.

Of course my marriage did not work but that's another story all on its own. I am currently in the process of getting a divorce as my wife disappeared for a few months then all of a sudden she is back in China. She said she wanted a divorce a week ago now she is changing her mind so I might have a struggle on my hands. I sent the divorce papers to her and we will see if she signs them.

But my advice is to use a lawyer, the cost will be worth it.

Offline Neil

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Re: Immigration Process and Issues
« Reply #12 on: October 02, 2013, 09:11:15 pm »
It's frustrating and I've been at this for a long time, but surprisingly, it hasn't pushed us farther apart, but strengthened our relationship.  Sure, it's hard and it sucks, but it's only making us more determined.  I just wish I'd get a decision one way or the other so I can move on to the next phase - either hire a lawyer or bring my wife home. 
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Offline JohnB

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Re: Immigration Process and Issues
« Reply #13 on: October 02, 2013, 09:44:30 pm »
I do not know the 'corrective action' fix for 'two strikes & you' re out!”, but think about it, the visa process has to be very strait forward. They are required to operate to a certain quality standard, I mean they just cannot freelance or intentionally monkey-wrench the applicants. 
These consulate people routinely practice their craft numerous times a day. I mean as most of us guys who have had the pleasure to grace the Guangzhou consulate steps, then entry, to what is it, the 4th or 5th floor, the wait, & thank God, see the decompressed but exhilarating happy look of our wife's face.
I had a lengthy chance to visit the consulate the day after Jing's interview. I thought the staff accommodating. Maybe I just lucky. Maybe.

I think the logical approach is document accuracy. Jing's doc's were a nightmare. We spent the better part of a Fushun week getting the correct dates in order. $$. We utilized the service of a para legal in Shenyang; fortunately, the para legal's office is across the street from the American consulate in Shenyang. The best part is the para legals, lawyers, or whoever's office are closely located, so when some 'new' American 'legality' comes into play, an American agent visits their offices & explains everything...what is the 'change', how it affects immigration, whatever.
This is a great resource to have.
I was most fortunate in that I played it that way. All Jing's doc's were translated to English & notarized; also, I did the leg work on this side of the pond. That is, Robert S was extremely helpful. Robert too, is a great resource to have.

After everything was said & done, I submitted all our documents. One day shy of 7 months, Jing had her visa. Does anyone realize there is a shitload of Chinese holidays in the interim? I cussed each & every day!
In Guangzhou, as most of you are aware, Jing & I were required to submit our 'original' doc's the day before her interview. This is what I think may be the problem. If all the copies that were reviewed by USCIS & NVC match correctly with all the originals then it is a 'go', depending on the status of the I-864 & the 3 years of prior 1040's. Means of Support.
If all your ducks are in a row, how can they just arbitrarily refuse the visa applicant? I do not think they can. 

I think if it were me, I'd get my wife to take all the copies we had sent to the USCIS & NVC, visit a good Chinese paralegal & do a match to all the originals to see if their our any irregularities that exist date-wise or otherwise; also, to review the requirements of your means of support. 
It behooves us to operate within the parameters of immigration. This is the legality of the situation. By this, I would say forego your congressman, ----censored-------

Different Strokes...
In thinking about it, some of these foreign women divorced from a Westerner, having returned home to their native countries after marriage failure, are they at immediate risk in their next immigration application?
A work acquaintance of mine visited his Filipina fiance' while she was working in Singapore. She was still married, husband being in the Philippines & one underage daughter (I am thinking “green card” here). Now she is divorced. If I reason this particular situation as an immigration official, I would have strong reservations of this 'new' relationship she wants with her American. I think he is doing a K3 visa.

I think all situations are unique onto themselves. There is no cookie cutter approach to any problem resolution, the only things in play are document accuracy & means of support. This is what I would investigate. 
« Last Edit: October 07, 2013, 11:44:52 am by Rhonald »

Offline maxx

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Re: Immigration Process and Issues
« Reply #14 on: October 02, 2013, 11:49:36 pm »
John it doesn't matter.How well your paperwork is put together.They do mess with people.They think they can.A few years ago in GZ.A Chinese person would walk up to the person.Who was applying for a visa.They would ask the person if they needed a lawyer.And they would name there price.If the applicant would refuse the offer.The person would get on there cell phone.Call the person giving the interview.And tell them.So And so wouldn't pay the fee.Then when the lady went inside to do the interview.They wouldn't even talk to the lady.She would set down at the counter.The person giving the interview would glance at the packet.And write denied on the packet.And give the lady some lame excuse why she didn't get the interview or the visa.

The consulate caught on to this scam pretty quick.So they fired everybody that was involved.When Gerry was trying to get his wife a visa last year.It was going on again.If I can find the story again that I read I will post it here.