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Dafey

US Can Reject Visa, Green Card Applications For Errors

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Dafey
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US authorities can now reject a visa application, petition or request — including possibly for H-1B visas — over mistakes and missing documents without offering the applicant a chance to correct the error.

Other applicants affected are those want to stay in the US as lawful permanent residents (on a Green Card) or immigrants, those who wish to stay temporarily and work as non-immigrants, or those applying for US citizenship.

Around seven million such applications are filed and adjudicated every year. However, applicants for short-term visas for travel or business are not expected to be affected.

The new rule, which went into effect on Tuesday, has been called a "major shift" by immigration lawyers, activists and those likely to be impacted. They say the rule could make the procedure more expensive, lengthy, and even lead to deportation, if an applicant already in the US falls out of status.

It will impact Indians on H-1B or other short-term stay and work non-immigrant visas, who plan to seek permanent residency on the Green Card. An estimated 9,800 Indians obtain work-related Green Cards every year.

"All applications, petitions, and requests received after the effective date will be subject to the new policy, except for DACA adjudications," said a US official on background, referring to the Deferred Action for Childhood Arrivals programme that protects from deportation people who illegally arrived in the US as minors.

"This policy change is part of an ongoing effort to help faithfully execute and protect the integrity of our laws, cut down on frivolous applications, reduce waste, and help ensure legitimate, law-abiding petitioners seeking greater safety, security and prosperity aren't undermined by those able to game our system," said Michael Bars, spokesperson for the US Citizenship and Immigration Services (USCIS).

In June, the USCIS said the new rule was intended to "discourage frivolous or substantially incomplete filings" intentionally filed as "placeholder", essentially to book a place in the queue and start a conversation through the back and forth ensued with a Request For Evidence (RFE) and a Notice of Intent to Deny (NOID).

"It is not intended to penalise filers for innocent mistakes or misunderstandings of evidentiary requirements," the agency had said.

It replaces an Obama-era rule from 2013 that mandated adjudicating officials of the USCIS to issue REF or NOID in all cases of errors and missing documents, unless the applicant was prohibited under law from being advanced to the next stage.

An activist working with an advocacy group that speeds up the process for Indians waiting in queue for Green Cards, who did not wish to be named, said the new rule is a "major and dramatic shift". More than 300,000 primary visa-holders from India are in the queue, with the number going up to 1.5 million if one includes dependents and those in the process of applying. According to one estimate, their waiting time is 151 years, at the current rate of clearance of cases.

"The net takeaway (of this measure) is that this is fundamentally a series of connected events that are designed to disadvantage lower-income families and increase deportations," said Xiao Wang of Boundless Immigration, a company which deals with marriage green cards.

https://www.msn.com/en-ph/news/world/us-can-reject-visa-green-card-applications-for-errors/ar-BBNiFCk?ocid=spartandhp

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shadow
2 hours ago, Dafey said:

Yup! Memo came out last month. Instead of sending out RFEs (request for evidence) on applications when there are missing documents or information, they can now just send a rejection letter. AND, they do not even have to inform you why you were denied!

 

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Salty Dog

I'm glad my wife's application for citizenship was already in before the effective date...

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SkyMan

If you don't care enough for the forms to be accurate.....

Edited by SkyMan
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RogerDat

Do they supply a check list now? A guy I met here spent 2 years going around with immigration over his wife's visa. He finally abandoned her here.

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SkyMan
8 hours ago, shadow said:

Yup! Memo came out last month. Instead of sending out RFEs (request for evidence) on applications when there are missing documents or information, they can now just send a rejection letter. AND, they do not even have to inform you why you were denied!

Do they at least check to see if the error was theirs?  A friend did a visa for his spouse and her child.  It was successful but took a very long time, much longer than the average time.  After it was approved the paperwork said the place of birth for the child had somehow changed from Cebu to Cuba.  My guess is that that was somehow the cause of the delay.

Edited by SkyMan

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shadow
4 hours ago, RogerDat said:

Do they supply a check list now? A guy I met here spent 2 years going around with immigration over his wife's visa. He finally abandoned her here.

There are full instructions available for free for anyone capable of reading them.

He must not have been capable of following directions very well. Until this last year spousal visas were taking only 10-12 months. Now they are taking 18-24 months.

Under the new criteria, instead of telling the petitioner "Hey Dummy, you missed this, please supply it", they are now able to just telling them,...

 

 

 

 

 

 

 

 

"DENIED!"

3 hours ago, SkyMan said:

Do they at least check to see if the error was theirs?  A friend did a visa for his spouse and her child.  It was successful but took a very long time, much longer than the average time.  After it was approved the paperwork said the place of birth for the child had somehow changed from Cebu to Cuba.  My guess is that that was somehow the cause of the delay.

Surely you jest...

 

 

 

 

 

 

 

 

 

 

They do NOT make errors!

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Jawny

As far as making errors, imagine this scenario.  The Immigration visa is applied for (spousal). The interview is completed.  The visa is approved.  The visa is handed to the Filipina.  As a quick check before departing, the documents were checked and one error.  Only one.  

The Filipina had provided a passport (Philippines),birthday certificate and other documentation clearly indicating nationality.  

The visa was issued showing nationality as Korean!

Whoops.  easily fixed.  Just one mistake. 

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to_dave007

Group of Canadians here at LINC discussed very similar situation affecting Canadians.  One of the issues we discussed was using Filipino agencies to prepare the applications, leading to very error prone applications, like many other documents prepared here.  I wouldn't use an agency to prepare such a document, but for anyone who does.. proofread proofread proofread

Edited by to_dave007
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RogerDuMond
24 minutes ago, Jawny said:

As far as making errors, imagine this scenario.  The Immigration visa is applied for (spousal). The interview is completed.  The visa is approved.  The visa is handed to the Filipina.  As a quick check before departing, the documents were checked and one error.

This is not germane to the OP as the OP talks about applications, not approved visas.

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Jawny
22 minutes ago, RogerDuMond said:

This is not germane to the OP as the OP talks about applications, not approved visas.

My deepest apologies.  I did not mean to stray off topic.  I think a previous post referred to an approved visa as well, revealing the mistake causing a delay. My post was simply a follow on example of how mistakes get made by the approving agency. 

Once again, very sorry to have made a post that was inappropriate. Won’t happen again!

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RogerDuMond
1 hour ago, Jawny said:

My deepest apologies.  I did not mean to stray off topic.

I didn't consider your post as being off topic, I was just pointing out that the article was talking about a change in policy concerning applications. Just trying to prevent future confusion.

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to_dave007

These days.. everything is becoming computerised.. including visa and green card applications.. .One consequence of that is that when an application is rejected, it's highly likely that a Reason for Rejection is entered.  I don't claim to know details of this, but it would seem logical that one Reason for Rejection might be Missing Information, and another might be Fraudulent Information or Fraudulent Document. Given that we are in Philippines you can be sure that numerous fraudulent documents get submitted for these applications.

So it means that when you apply NEXT time.. to secure the visa that was previously rejected..  the computer KNOWS you were rejected, AND it knows the reason why, and the second application might have to be even MORE perfect as a result.  If there was fraud on the first application, you could even forgive the visa folks for rejecting the second application immediately without much more than a glance.

Don't know anything about the US system, but under the Canadian system there is an Information Request that can be submitted to find out WHY an application was rejected. .

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to_dave007

There is a company, VFS Global that processes ALL visa applications from the Philippines for travel to Canada, and as a subcontractor to Stanley Associates Inc. it has "SOME" role in processing applications to the US also..  (ref https://www.vfsglobal.com/about_us/our_clients.asp).  No way to know what that subcontract role involves.  As you can see if you review that page, this company processes a LOT of applications, including applications visa for some 50 countries to Canada, and Philippine applications for multiple countries including Australia, Austria, Canada, Saudi Arabia, Denmark, Croatia and others.

Much of the web interface for Canada immigration is supported directly by VFS.

That means that they are steam lining and standardizing their procedures, and their work flow, and trying to pump as many applications through per human visa agent as possible.  Try to imagine the life of a visa agent.  Day after day with a computerized stack of applications to process..  Think of the routine.  The boredom.  And ask..  how much time will they devote to MY application?  And if they find even the smallest..  the slightest... the most insignificant ERROR..  then what will they do? I suggest that many real people will push the REJECT button without reading any further at all, and they'll enter their reason code..  and 15 seconds later your application is forgotten.

==============================================================================================

Company Profile for VFS Global

The world’s largest outsourcing and technology services specialist for governments and diplomatic missions worldwide

Serving 60 client governments in 139 countries with 2675 Application Centres

Processed over 176 million applications since its inception in 2001

Worldwide operations certified ISO 9001:2008 for Quality Management System, ISO 27001:2013 for Information Security Management System, ISO 14001:2004 for Environmental Management System, ISO/IEC/IEEE 23026:2015 for Engineering and management of websites for systems, software and services information, and Occupational Health and Safety Assessment Series (OHSAS) 18001:2007. The company is also appraised at People Capability Maturity Model (PCMM) Level 3, by the CMMI Institute, Carnegie Mellon University. 

VFS Global is the world's largest outsourcing and technology services specialist for governments and diplomatic missions worldwide. The company manages administrative and non-judgmental tasks related to visa, passport, identity management and other citizen services for its client governments enabling them to focus entirely on the critical task of assessment. 

With 2675 Application Centres and operations in 139 countries across five continents, VFS Global serves the interests of 60 client governments. The company has successfully processed over 176 million applications since its inception in 2001.

The company offers differentiated services and solutions to its client governments. Visa application processing and consular support services offer diplomatic missions an integrated process from submission to delivery. These services include operations, information and financial solutions for an end-to-end process, depending on specific consular requirements. 

Drawing from its expertise and knowledge within the visa services domain, VFS Global also delivers a dependable and technologically supported framework for local and state governments globally through its portfolio of Citizen Services, aimed at enhancing customer experience in public services with an automated and seamless process. The organisation’s Identity Management solutions seek to provide efficient, secure and innovative biometrics-enabled services in a variety of application areas such as Border Control Management, National ID programmes, Trusted Traveller Programmes, and Foreigner Registration services.

VFS Global, which is headquartered in Dubai, UAE, has a Swiss parentage and is a portfolio company of EQT, a leading global private equity firm headquartered in Stockholm, Sweden. EQT has portfolio companies in Europe, Asia and North America, which collectively generate revenues of approximately EUR 19 billion annually with 110,000 employees. The Swiss-based Kuoni and Hugentobler Foundation also has a stake in VFS Global. 

 

Edited by to_dave007

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