@charon
Bu verdiğiniz bilgiler doğru değil. Immigrant grubu altındaki Employment Based kategorilerinin hiçbirinde keyfi veya sebepsiz red verilemez. Bunun nedeni yasal sınırlandırmalar ve Department of State'e bu redlerin ayrıca raporlanması. Sebepli redlerde de başka konsolosluktan randevu alma ya da avukat aracılığıyla göçmen mahkemesine itiraz etme imkanı var.
Sebepsiz red durumuna engel olan ve hangi durumlarda red verilebileceğini düzenleyen INA (Immigrant and Nationality Act) maddelerini okumanızı tavsiye ederim;
*1. Section 212(a) – Inadmissible Aliens:
INA 212(a)(1) – Health-related grounds:
“Any alien who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General) to be a drug abuser or addict, is inadmissible.”
INA 212(a)(2) – Criminal and related grounds:
“(A) Conviction of certain crimes (i) In general—Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime…”
INA 212(a)(3) – Security and related grounds:
“Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in… (i) espionage or sabotage; (ii) any other unlawful activity; or (iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible.”
INA 212(a)(4) – Public charge:
“Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.”
INA 212(a)(5) – Labor certification and qualifications for certain immigrants:
“(A) Labor certification — Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of Homeland Security and the Secretary of State that — (i) there are not sufficient workers who are able, willing, qualified… and (ii) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.”
INA 212(a)(6) – Illegal entrants and immigration violators:
“(A) Aliens present without admission or parole— (i) In general. An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.”
- Section 221(g) – Additional Information Required:
“No visa… shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa under section 212, or any other provision of law.”
- Section 214(b) – Nonimmigrant Intent:
“Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa… that he is entitled to a nonimmigrant status under section 101(a)(15). An alien… who is an applicant for a visa… under subparagraph (B)… is inadmissible if unable to overcome this presumption.”
- Section 203(b) – Employment-Based Immigration:
“Visas shall be made available… to qualified immigrants who are members of the professions holding advanced degrees or their equivalent, or who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.”*