... in response to INS Interview tactics, posted by locoabogado on May 23, 2005I cannot comment specifically about the circumstances of your friend's case
or interview without more first-hand facts about exactly what happened.
However, I can make several generic comments about the general topic
which you raise, Consular Interviews.
Both the U.S. Consulates in Bogota, Colombia and the one in Lima, Peru are
designated "high-fraud" consular posts by the State Dept. which, unfortunately
for everyone, see thousands of fraudulent visa applications (of all kinds) yearly,
with false supporting documentation and information. So much so that the Consular
post in Bogota has an anti-fraud unit of 22 officers, the largest of any post in the
world, reviewing and investigating fraudulent visa applications. As concerns
presentation of falsified documents or information in support of U.S. visas,
Colombian law presently imposes an eight year prison sentence for conviction.
Since the majority of people choose to do their own K-1 (or K-3 or CR-1) visa
applications themselves without benefit of assistance, advice or counsel (except
whatever they happen to read on the Internet or hear from friends, if the information
is accurate), many (not all) people may be less then well-prepared for Consular
interviews and document review at these posts, especially in light of current trends
and practices at these and other consulates.
(BTW, a K-3 or CR-1 visa application supported by a marriage certificate does
not always assure a lenient or non-existent interview. Yes, in some instances, if the
record otherwise justifies it, the interviewer may choose to simply review the marriage
certificate. But the officer retains inherent discretion to "look behind" the marriage
certificate and reserves questions such as how the couple met, how long they knew
each other before decision to marry, what was the course of relationship before the
wedding to show that the marriage was sincere and genuine, review of wedding
photos, video and even affidavits from friends and family).
Post at Bogota, for example, has added two new interviewing officers for K-1 visas
a few months ago this year 2005, (both in their 30s, one male officer, one female)
who are more aggressive in their individual case review (under instructions from
superiors). Post at Lima, and their interviewing staff for K-1, under direction from
their Consul General, can also be more aggressive in questioning, if warranted by
the record of the case, and even request that the U.S. gentlemen petitioner be present
for follow-up interview.
The cold fact is that there are numerous (not all) ladies who appear at interview with
insufficient documentation of current relationship or communication, no proof of any
recent trips by their gentlemen fiancee to see them, little background information about
their gentlemen's past, halting and uncertain answers to questions about the development
of their relationship AFTER any initial meeting on the Internet or at a romance agency or
matchmaker tour, and who present too many age and language differences with their
gentleman for any officer's "comfort level" in approving the visa application, especially
in light of increasing reports getting back to the Embassy in the past few years of ladies
on K-1 visas overstaying their visas or marrying another man under the visa.
This results in more-than-a-few visa applications at both Consulates which are "turned down"
at the first review, with the lady being given a Section 221 or 212 Notice for additional
documentation or information, with the resulting loss of time and expense, not to mention
worry and aggravation, or even worse the case being placed into "administrative review"
for further investigation. Some of these "provisional" denials result in frantic calls to my
office. In some unfortunate cases, the Consulate will make a final decision to refuse to issue
the visa, and return the file to National Visa Center (NVC) with recommendation for denial.
In short, in my opinion, some couples and ladies (not all) may be underprepared or flatly
unprepared for the Embassy interview stage and review. The problem is compounded in
some cases (not all) by the attitude of a few (not all) U.S. gentlemen who feel that as an
"American taxpayer" they are "entitled" to a U.S. visa for their lady, regardless of their
documentation (or lack thereof) of sincere relationship and financial sponsorship or other
record (or lack thereof) in the case.
Having said all of the above, and notwithstanding any of the above, yes, Consulates are
not perfect institutions, interviewing officers are not always perfect people and sometimes
mistakes can be made. If the record of a case is well-documented of a current and ongoing
relationship regardless if the couple initially met on the Internet or through a romance
agency or matchmaker tour, and all the lady's answers to questions were solid and positive,
and the couple otherwise well qualify for the visa, and despite this, the lady is confronted
by improper questions from the interviewer which "cross the line" of reasonable and fair
conduct by anyone's standard (e.g., personal sex questions, implication of bad or immoral
conduct without proof, trick questions baiting the applicant into trying to confess that she
is already married, gross unwarranted innuendos of fraud etc.), then yes, filing a complaint
with State Department and Inspector General's office is a proper option. Such a complaint
option should be cautiously used, and well-document why the complainant was extremely
upset and specifics about the complainant's Embassy experience, exactly what happened,
who was involved, when, where and so forth.
FYI: My website has an article on "Filing a Complaint about Immigration, Customs and
Visa Processing", with more information about the "how to" part.
http://www.usaimmigrationattorney.com/FilingAComplaintwithImmigration.html
Regards.
PS #1: Our all new immigration website is being worked on,
and we hope to launch it soon. www.VISA-Attorney.com
PS #2: Sect of State Condoleezza Rica visited Colombia recently
and here are photos and reports on her trip.
http://www.state.gov/secretary/rm/2005/45280.htm
http://bogota.usembassy.gov/wwwscr03.shtml
PS #3: I will be visiting Barranquilla and Cali from
June 09 to end of June. Colombia Cell: 315-416-2746
