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Citizenship and Immigration committee  The department has to look for certain indicators as to whether there is permanent or temporary intention. That's the formula being utilized right now. We're suggesting that maybe it doesn't fit this particular group of applicants. That's why we're asking for those criteria to be

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I think part of the issue that arises when they go back for redetermination at the visa office is actually transporting the physical file from the IAD back to the visa office. Sometimes there is a determination made at the visa office that another interview is required. Again th

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I suppose it's because new issues could have arisen during that time period.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I don't think I could say that I've seen a real change.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I would say that sometimes what you'll have is a decision on one ground saying that we are refusing on this basis. When it goes to the immigration appeal division, counsel may anticipate that further issues might be raised when the application goes back for redetermination. The c

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  It does happen. We believe the jurisprudence says that in fact the IAD has jurisdiction for all those issues--

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  --but I think there would still be improved efficiencies in making absolutely certain that all issues can be addressed at one appeal and that the visa officer can cover all the eligibility criteria so that there's no doubt.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  They do not always, no.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I couldn't venture a guess.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  I don't think those are relevant criteria. There are very established criteria for when somebody is eligible to sponsor a family member. The relative benefits for those family members as to whether or not they should be reunited is really not relevant to that decision.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff

Citizenship and Immigration committee  This is a difficult one to answer, because we must remember that the appeals are hearings de novo, meaning there can be a lot of material before the IAD that wasn't before the visa officer. It is hard to make a general statement in answer to that question.

March 3rd, 2011Committee meeting

Deanna Okun-Nachoff