I was looking for info about NVC and do they reaffirm cases?

[MrsBonsu 138]

Consular Returns Teleconference Recap

On October 28, 2015, the Citizenship and Immigration Services Ombudsmans Office hosted a public teleconference regarding U.S. Department of State (DOS) Consular Returns to the U.S. Citizenship and Immigration Services (USCIS). Representatives from the USCIS Service Center Operations and DOS National Visa Center (NVC) and Kentucky Consular Center (KCC) responded to questions posed by the Ombudsmans Office and the public. The discussion focused on why a consulate may return a petition, the process for returns within DOS and USCIS, and processing times.

DOS Consular Return Process

During the call, DOS indicated that less than .5% of non-immigrant visa (NIV) petitions and less than 1% of immigrant visa (IV) petitions are returned to USCIS for further action. A consular officer will return a petition when facts previously unknown and material to the petition are discovered. Returns are not based on inadmissibility grounds.

The return process starts with the officer drafting a memo detailing the reason(s) for the return. For non-immigrant petitions, the memo is emailed to KCC. Documentary evidence in support of the return is mailed separately to KCC via the most efficient service (diplomatic pouch, express mail, etc). Next, KCC reviews the return for completeness, records it in its internal database and then mails a hard copy to USCIS, usually within 5 days. If KCC has to go back to the consulate for more information, then the process may take longer. Returns are tracked in PIMS. For employment-based NIV petitions, the designated representative is not informed.

For immigrant petitions, the memo is mailed (via express mail, diplomatic pouch, etc.) to the NVC and it performs a similar review to the KCC before forwarding the return to the service center. The processing time is usually within 15 days, unless additional information from the consulate is needed.

The NVC also handles re-affirmed petitions, which are processed and sent back to the consulate within 10 days.

USCIS Consular Return Process

USCIS then explained the next steps in the consular return process. Once a petition is returned to USCIS from KCC or NVC, USCIS updates its system notice to indicate that USCIS has the case, and a receipt notice is generated and sent to the petitioner. The return is also reflected in USCIS online My Case Status. Returned IV petitions are forwarded to the field office that originally approved the petition.

Because of the amount of time that can pass since the petition was originally sent to the overseas consulate, the speakers stressed the importance of petitioners informing USCIS and the National Benefits Center of any address changes.

The 5 reasons for a return are: statutory ineligibility, fraud, withdrawal of petition, missing or incorrect information, and death of petitioner/qualifying relative. If the petition is missing information or there are inaccuracies, then USCIS will issue Request for Evidence (RFE). If fraud is detected, then USCIS will issue Notice of Intent to Revoke (NOIR) and give the petitioner 30 days to respond. If the deficiency was not well founded or has been overcome, USCIS will re-affirm the petition. There are no processing times for consular returns and they are not strictly pegged to the processing time for the particular benefit. However, reference points are the petition and consular return dates.

USCIS tries to handle consular returns it receives on a first in, first out basis. The speakers mentioned they are aware of concerns related to delay in responses and noted that they strive to keep things moving and that the service centers have to balance competing priorities. DOS also mentioned that it is working toward being more efficient by digitizing IV packets. Six posts are currently piloting this. For now, speed of IV returns depends on the location of the post and available mail services.

In response to the Ombudsmans question on how returns are prioritized, USCIS stated it tries to respond within 120 days after a response to a NOIR is received. Expedite is possible and is reviewed on a case-by-case basis.

Last Published Date: November 23, 2015

I was told by NVC that my case was sent back to the embassy, but didn't know if this was true so I have found a interesting read on dhs site, this whole process is confusing me! ?

[Ebunoluwa 6,136]

What they want you to believe, all tidy wrapped up in the 'public conference' is one thing and reality is another.

The 5 reasons for returning petitions are often ignored by CO's and they return on assumptions and speculations of fraud without factual evidence.

I have seen memos where DOS and USCIS squabble about this and tell CO's not to simply re adjudicate an approved petition unless they do have

factual evidence otherwise. It falls on deaf ears.

USCIS has also stated that returned petitions are no longer a priority so I don't buy the first in first out claim.

The worst part is that certain embassies all too often sit on returned petitions (Ghana) for a year before they return them and this is an outrage and needs

to be addressed.

As to returned petitions and NVC, yes, the returned and reaffirmed petition are routed through NVC and NVC sends it back to the embassy.
Some get NOIR/NOID letters from USCIS and some do not. In that case USCIS decides they need no further evidence and send it again via NVC
to the embassy with recommendation to approve while rolling their eyes at another CO returning a case when they are already so backlogged.
In my opinion more than 1% at GHANA get returned, their data doesn't match the constant flow of returns we see weekly.

The conference was all tidied up and seems no real issues were addressed so it's business as usual, which is : sit on it and then drag it out

for a year because we can.

[MrsBonsu 138]

What they want you to believe, all tidy wrapped up in the 'public conference' is one thing and reality is another.

The 5 reasons for returning petitions are often ignored by CO's and they return on assumptions and speculations of fraud without factual evidence.

I have seen memos where DOS and USCIS squabble about this and tell CO's not to simply re adjudicate an approved petition unless they do have

factual evidence otherwise. It falls on deaf ears.

USCIS has also stated that returned petitions are no longer a priority so I don't buy the first in first out claim.

The worst part is that certain embassies all too often sit on returned petitions (Ghana) for a year before they return them and this is an outrage and needs

to be addressed.

As to returned petitions and NVC, yes, the returned and reaffirmed petition are routed through NVC and NVC sends it back to the embassy.

Some get NOIR/NOID letters from USCIS and some do not. In that case USCIS decides they need no further evidence and send it again via NVC

to the embassy with recommendation to approve while rolling their eyes at another CO returning a case when they are already so backlogged.

In my opinion more than 1% at GHANA get returned, their data doesn't match the constant flow of returns we see weekly.

The conference was all tidied up and seems no real issues were addressed so it's business as usual, which is : sit on it and then drag it out

for a year because we can.

So can I have your best opinion should I start over or wait another year? Her bases for sending the petition back is false and she has no proof of these things, she first said she feels my husband is probably already married with kids because he's Muslim, last interview she said she believes he's paying me for a green card

[Ebunoluwa 6,136]

Wait it out, if she has no factual evidence USCIS will reaffirm it.

[MrsBonsu 138]

Wait it out, if she has no factual evidence USCIS will reaffirm it.

Thanks

[Ebunoluwa 6,136]

If you re file you would have 2 open cases and that creates more problems and the CO would probably refuse and return that one too.

Your chances are much better waiting for USCIS to reaffirm and send it to the embassy with recommendation to approve.

You would not save time but prolong the whole thing.There can be a tug of

war going on between both agencies until one cries uncle and approves but USUALLY they will approve when they receive it back

from USCIS. Did you receive and answer a NOID/NOIR ?

[MrsBonsu 138]

No nothing yet, but I will be calling uscis today because ceac status says expiring soon, what happens if it expires? And if they reaffirm the petition does it move through the process as the same when I first filed?

[IcezMan_IcezLady 582]

MrsBonsu, someone has recently had their case be reaffirmed and they are waiting for a new interview at Accra.

I will find his/her name and you can contact her/him about how theirs got sent back to Accra.

But let me add that, they got a senator or a congressman involved.

So if you haven't, now is the time to start.

Msg me when you have time.

Good luck to you.

[Ebunoluwa 6,136]

No nothing yet, but I will be calling uscis today because ceac status says expiring soon, what happens if it expires? And if they reaffirm the petition does it move through the process as the same when I first filed?

I asked because you said that you were told your case was send back to the embassy ?

If it made it back to the embassy via NVC and if you did not get a NOID/NOIR from USCIS then you just wait to be contacted

by the embassy or proactively contact them for either to bring the passport or schedule another interview.

I would contact a senator or congressman to clarify where exactly your case is now. Still at USCIS or NVC or already at the embassy.

Since it is a spousal return they will re validate it whereas K1's expire, but keep on them to show you are proactive and still wanting to move

forward.

No, it's not the same process with a reaffirmed case as with your initial petition.

Don't ramble too much to the senator's aid and keep it crisp short and clear what you want him to do so they won't get side tracked

by irrelevant details and focus on the main issue which is :

A. Case location, when was it send to NVC and or to the embassy. Get dates and pouch numbers if possible.

B. Request to reaffirm and send to embassy if it's still floating.

C. If case is indeed already back at embassy request an answer for the next step (passport or 2. interview, whatever they want.)

Stick to these points without shifting too much focus on the assumptions and speculations of the CO about the reasons of return.

[MrsBonsu 138]

I asked because you said that you were told your case was send back to the embassy ?

If it made it back to the embassy via NVC and if you did not get a NOID/NOIR from USCIS then you just wait to be contacted

by the embassy or proactively contact them for either to bring the passport or schedule another interview.

I would contact a senator or congressman to clarify where exactly your case is now. Still at USCIS or NVC or already at the embassy.

Since it is a spousal return they will re validate it whereas K1's expire, but keep on them to show you are proactive and still wanting to move

forward.

No, it's not the same process with a reaffirmed case as with your initial petition.

Don't ramble too much to the senator's aid and keep it crisp short and clear what you want him to do so they won't get side tracked

by irrelevant details and focus on the main issue which is :

A. Case location, when was it send to NVC and or to the embassy. Get dates and pouch numbers if possible.

B. Request to reaffirm and send to embassy if it's still floating.

C. If case is indeed already back at embassy request an answer for the next step (passport or 2. interview, whatever they want.)

Stick to these points without shifting too much focus on the assumptions and speculations of the CO about the reasons of return.

Will do thanks

[Ebunoluwa 6,136]

Will do thanks

Keep in mind that if at any time you receive a NOID/NOIR letter from USCIS you MUST respond and you must do so within 30 days or it will

be denied. Make sure you have no postman delivery issues at your current address.

USCIS likes to say they send something and then didn't. Happened to me with a K1 issue and I never had delivery issues before with them.

I now have my (and hubby's name) on my mail box on the inside flap as suggested by members years ago in bold black letters.

Some have received online notifications that a letter was returned by the post office as undeliverable. It does happen sometimes but

sometimes it's a fluke with USCIS. Probably not going to be an issue with you but am just saying.

Edited March 7, 2016 by Ebunoluwa

[MrsBonsu 138]

Keep in mind that if at any time you receive a NOID/NOIR letter from USCIS you MUST respond and you must do so within 30 days or it will

be denied. Make sure you have no postman delivery issues at your current address.

USCIS likes to say they send something and then didn't. Happened to me with a K1 issue and I never had delivery issues before with them.

I now have my (and hubby's name) on my mail box on the inside flap as suggested by members years ago in bold black letters.

Some have received online notifications that a letter was returned by the post office as undeliverable. It does happen sometimes but

sometimes it's a fluke with USCIS. Probably not going to be an issue with you but am just saying.

This is the issue I was waiting for the notice to come whenever it's coming until NVC first said they have the petition and that they received it December 8,2015 and it was in administrative processing, and I called last Wednesday and they say it was returned to the embassy ? This is where I got lost and wondered if NVC reaffirms cases

[Ebunoluwa 6,136]

This is the issue I was waiting for the notice to come whenever it's coming until NVC first said they have the petition and that they received it December 8,2015 and it was in administrative processing, and I called last Wednesday and they say it was returned to the embassy ? This is where I got lost and wondered if NVC reaffirms cases

No, NVC does not reaffirm, approve or deny. Only USCIS can reaffirm or deny a petition. So contact the senator to confirm with the embassy that your case

is truly there and then have him request an interview date if needed or issue the visa. Sitting for 3 months at the embassy since it was send is

ridiculous so get the senator involved. If interview dates aren't available for 2-3 months then it would be justified to keep it at NVC

(or the embassy) for a while until a slot opens up. I don't know how far out they are currently scheduling. Have you contacted the embassy with a

request for an appointment or what they want next yet ?

[MrsBonsu 138]

I emailed the embassy they have not responded, the senator staff who was helping has not been in the office so I left a voice mail for now, my case was suppose to be coming back from embassy NOIR, that is why I was lost when they said it was resent to the embassy

[lutz 41]

Hello, my husband's case was denied in September 2015 and has finally made it back to USCIS. I received an email notification on 4 March 2016 that the case is being reviwed again by USCIS. Does anyone have any idea how long it takes for them to review and contact us as to whether it will have an NOIR or simply be reaffirmed and sent back to Accra embassy? Thanks.