"post decision" status following visa denial ??

[Jacq1018 0]

Has anyone experienced this before?

My husband's case was in AP for months and after I contacted the Embassy numerous times and asked my US Congressman to inquire, the Embassy finally called my husband back to the Embassy. At that time he was told his IR-1 visa was "denied"(he received a white piece of paper with the reason 212a2c)and his current tourist visa was cancelled.

My husband is in VE military and there is a lot of politics going on behind the scenes..... things I cannot mention here. Anyway, today I received a letter from USCIS stating "the application was returned back from the Dept. of State, along with their request that it be reviewed".

I called the USCIS and was told the case was receive on March 31st and is in "post decision activity" and to allow 120 days.

Is this typical when a visa is denied? Has anyone had this happen to them before?

Any info is appreciated!

[YuAndDan 153]

Moving to waivers administrative process forum...

[NigeriaorBust 4,087]

Post decision activity just means that they haven't reviewed it yet. It may be more than 120 days before you hear anything. If you have a good sense of the reason for the denial you can spend the time gather evidence for your rebuttal.

[illnevergetthis 5]

If you do not hear anything within 120 days, call them and ask for a service request.

Once USCIS reviews your case, they will either deny it, reaffirm it and send it back to the embassy, or send you a NOID/NOIR. If you are sent the NOID/ NOIR, you will only be given about 30 days (from the time they send it...which means about 3 weeks) to answer the NOIR/NOID. They should list why your case was sent back from the embassy and you will only have a short time to send them evidence to the contrary. Once you send the evidence you should hear something within 60 days. If you do not hear something within the 60 days, then call USCIS for a service request.

If they reaffirm your case, you will be notified that they are returning it back to the DOS. The visa center will check it into the system and forward it to the embassy. You do not do any paperwork at the visa center level this time. The embassy with either contact you or your SO.

At the embassy level, I don't know what happens there. They will probably request another interview and hopefully issue the visa. Best of luck to you!!!!

Just be prepared to act quickly if you get a NOID/NOIR. The California Service Center doesn't give much time for this. Also, don't depend on the USCIS site for the updates. They don't always update when they send out a notice...so, diligently watch your mailbox.

again, good luck!!

[Sergi9 110]

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Good advice Joeza!

I would add make sure your address is up to date with them and they have the correct email address's on file and good phone numbers.

Stay on top of this might want to call attorney familiar with this.

[Jacq1018 0]

If you do not hear anything within 120 days, call them and ask for a service request.

Once USCIS reviews your case, they will either deny it, reaffirm it and send it back to the embassy, or send you a NOID/NOIR. If you are sent the NOID/ NOIR, you will only be given about 30 days (from the time they send it...which means about 3 weeks) to answer the NOIR/NOID. They should list why your case was sent back from the embassy and you will only have a short time to send them evidence to the contrary. Once you send the evidence you should hear something within 60 days. If you do not hear something within the 60 days, then call USCIS for a service request.

If they reaffirm your case, you will be notified that they are returning it back to the DOS. The visa center will check it into the system and forward it to the embassy. You do not do any paperwork at the visa center level this time. The embassy with either contact you or your SO.

At the embassy level, I don't know what happens there. They will probably request another interview and hopefully issue the visa. Best of luck to you!!!!

Just be prepared to act quickly if you get a NOID/NOIR. The California Service Center doesn't give much time for this. Also, don't depend on the USCIS site for the updates. They don't always update when they send out a notice...so, diligently watch your mailbox.

again, good luck!!

Thank you so much for the information. I will wait this out for 120 days and see where are are then.... If they denied it like they said they did maybe I will be given the exact reason for the denial.

[Jacq1018 0]

Thank you so much for the information. I will wait this out for 120 days and see where are are then.... If they denied it like they said they did maybe I will be given the exact reason for the denial.

Update: On April 30th I was in Caracas and requested to speak to immigration about my husband's case. I was told his case was denied and that a waiver was not available. In order to get more information as to the reason, I'd have to file a Freedom of Information request. I figured I had done all I could and have started planning my move to Venezuela to be with my husband.

Today I reveived an update on my case status from the USCIS stating: On May 13, 2011, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly.

Any ideas on why USCIS would send the case back to Caracas after the written and verbal denial?

I'm more confused and tired then ever now.........

[illnevergetthis 5]

Update: On April 30th I was in Caracas and requested to speak to immigration about my husband's case. I was told his case was denied and that a waiver was not available. In order to get more information as to the reason, I'd have to file a Freedom of Information request. I figured I had done all I could and have started planning my move to Venezuela to be with my husband.

Today I reveived an update on my case status from the USCIS stating: On May 13, 2011, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly.

Any ideas on why USCIS would send the case back to Caracas after the written and verbal denial?

I'm more confused and tired then ever now.........

I am just seeing this or I would have answered earlier. The embassy doesn't deny the visa, they deny issuing the visa. There is a big difference. When they feel the visa shouldn't be issued, they send it back to USCIS via NVC with a request that USCIS review their initial decision with whatever evidence the embassy sends them. The USCIS reviews the case and sometimes ask for additional information from you (NOIR or NOID). Apparently with your case, none of that was necessary. USCIS reaffirmed their original decision of approving your case.

They sent it back to the NVC, who will send it back to the embassy. The embassy will contact either you or your SO with an appointment date. Your SO will go back to the embassy and have another interview...hopefully at this point they issue his visa.

This is a very good thing and reason to celebrate! Congratulations on the reaffirmation!