Tuesday, February 12, 2008

woman received immigrant visa after refusal from Guangzhou Consulate

The American Consulate in Guangzhou, People's Republic of China, routinely refuses to issue immigrant visas to applicants whose applications are based on marriage. The standard language reads: The Consulate is unable to issue you an immigrant visa because, according to the section of the Immigration and Nationality Act listed below, you are currently ineligible: 221(g). It goes on asking the applicant to provide more documents/evidence to prove the "bona fides" of the marrital relationship. The list of documents required is extremely burdensome and sometimes difficult to obtain.

At this point, appliocants must be very careful about what they provide to the Consulate. Any mistake or oversight may cause the Consulate to reject the visa application and return the file to the USCIS for possible revacation. Most importantly of all, the revacation process may take years to complete. In the meantime, step children may age out and the marrital relationship may not last long enough to survive the revocation process.

We recently helped our client sucessfully overcame the initial refusal and obtained immigrant visa. Client married the same woman many years ago. They later divorced in China and our client immigrated to the United States. After he immigrated, he went back and remarried his ex-wife. The Consulate did not bel;ieve their relationship and asked for more evidence. Among the issues we had, our client did not even have any photos to show they were together(client has some medical issues in his face and he hates taking pictures). Nonetheless, we managed to provide enough evidence, including affidavites, to overcome the initial refusal and she received immigrant visa just days after we sent the additional evidence to the Consulate.

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