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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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To: Guillermo (only!)There are many small

Customer Question

To: Guillermo (only!)There are many small Y/N/maybe-small-comment questions here.
Maybe you will copy the contents in the answer and provide answers under each point. Thanks.2) does the consular officer have right to reject supporting document being provided by the applicant during the interview through the window?
2a) -- refuse to listen explanation and/or description of this document and its?relevancy in supporting applicants case?
2c) -- refused to examine the document so to appreciably identify it as the one which the applicant is describing, or to turn his attention to a specific pertinent part which the applicant is specifically asking to examine to draw conclusions?All the following assume that the applicant is acting in a measured, polite, cooperative, appropriately reasonable manner without undue excesses in the whichever activity is in the subject3) can the consular officer during the interview shut out the applicant who is attempting to reasonably eloquently make a point about a seemingly relevant issue without allowing to applicant to finish.
3b) -- shut out an applicant when he/she is making a reasonable in size list of points assuring that its important to hear them all to appreciate the the significance and relevance4) can consular office during the conversation with an applicant, when applicant is talking to (mark which Yes)
- disengage and obviously not listen
- get distrusted with something
- if yes, and applicant stops talking to regain officer's attention, and tries to continue, act as if the applicant forfeited his/her right or turn to talk on that question/issue
- make facial expressions indicating things like "it's boring", "it's all does't matter anyway", "I am pissed with you continuing dong this", "none of this will help you anyway", "I am completely elsewhere"5) if an applicant remembered something to add, and calls for officer's attention, while the interview is till is progress
- not react to calls for attention from the applicant?
5a) be rude and dismissive (without prior provocation, excessive behavior, or any escalation on the part of the applicant)
5c) due to and/or during applicant's doing any of the aforementioned actions (again, without any unreasonable excessiveness and while fully cooperating with the officer)
--suddenly escalate or interrupt or end the interview, without allowing applicant to finish a thought or sentence, (interrupting in the middle of the word in an impolite manner),
...and
-- suddenly issue a rejection
-- call security to remove the applicant
-- walk out from his post
-- close blinds/shut inner doorsWhat is the proper way to address immigration officers besides Sir/Mam?What about other a) uniformed and b) non-uniformed workers of the consulate?If there isn't one name for each of these categories what are the guidelines to try to be better than just "Ser" or "Mister" (assuming that person cannot read military uniform ranks, ...should true military personnel served around reception areas of the consulates.)
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello my friend:

2)a)c) They have wide discretion to decide what is pertinent and what is not. Again, this is why it may be necessary to ask for a supervisor if all supporting evidence is not looked at at all. She would tell the supervisor that the officer is abusing discretion. The supervisor can decide at that point if the officer is abusing discretion or not.

3) b) Yes, they can shut down an explanation but again, it may or may not be an abuse of discretion which a supervisor can determine if called upon. The supervisor may agree with the officer, of course. At that point, there really is no recourse in the moment, but she could later file a complaint. Here is a link:

http://usa-faq.civicagency.org/answers/9702

4) Yes to all that you listed, but obviously some things may be inappropriate, an abuse of discretion, etc. Please see the way to file a complaint above.

5) The officer is required to be polite and attentive and professional. If things go South, again, call a supervisor. She should always remain calm and polite as well because you don't want the officer calling security to have her removed.

I think the issue you are having is indignation and frustration which is understandable, but you and she have to remember one VERY important thing, there is no "right" to a visa. The U.S. government has a policy that the officer must be polite and professional but also gives them very wide discretion in decision making and this is done on purpose. There are hundreds and even thousands of applicants per day and many do have immigrant intent, especially from countries that may be considered third world, or where there is political or economic unrest, or high crime, etc. Also keep in mind that U.S. immigration law is not like U.S. criminal law. In U.S. criminal law, a person is considered innocent until the government proves guilt. In U.S. immigration law, a person is considered to be an intending immigrant until the person (not the government) can prove to the government that they are not an intending immigrant. Also, keep in mind that they aren't going to give her more than a few minutes to present her case. As I said, there are hundreds if not thousands of applicants per day. So whatever she presents, she has to do it quickly, clearly and concisely.

Sir and ma'am are perfectly fine regardless of rank and uniform.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello again. I'm just following up with you on this one as well. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

My friend, you forgot about me! I'm just following up again with you to see how everything is going. Did my answer help? You've left a few sessions open. Let me know what you would like to do. Thank you!

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