How long to deny case after interview no-show?

[montgomery 0]

So what is this letter likely to say?

 

"Your case was denied because such and such and you have 30 days to leave before you are put into deportation proceedings?"

 

In short, something like this??^^

[Going through 5,668]

14 minutes ago, montgomery said:

So what is this letter likely to say?

 

"Your case was denied because such and such and you have 30 days to leave before you are put into deportation proceedings?"

 

In short, something like this??^^

From USCIS's webpage on AOS:

 

If we deny your application, the decision notice will tell you the reason(s) why your application is denied and whether you may appeal the decision. Generally, you cannot appeal the decision to deny an adjustment of status application. Even if you cannot appeal the denial, you may still be eligible to file a motion to reopen or reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion. For more information, see our Questions and Answers: Appeals and Motions page.

 

 

This webpage has information on what happens after an AOS is denied, might be interesting reading for you:

https://www.nolo.com/legal-encyclopedia/marriage-based-adjustment-status-denied-whats-next.html

 

Most people (who choose to remain in the country illegally after a denial) just ignore any denial letter/NTA received and continue to live out their life under the radar.  Not saying this is the case for your significant other, just mentioning it can be a route chosen by many

[montgomery 0]

It looks like USCIS is now sending out an NTA to anyone that gets a denial and has no other status to fall back on.

 

Has anyone here gotten a USCIS issued NTA?

 

How long do they take to send one out?

[psgma 94]

3 hours ago, montgomery said:

It looks like USCIS is now sending out an NTA to anyone that gets a denial and has no other status to fall back on.

 

Has anyone here gotten a USCIS issued NTA?

  

How long do they take to send one out?

Per USCIS website, they postponed the issuance of NTA until they figure out a way to properly implement it.

 

https://www.uscis.gov/news/alerts/updated-guidance-implementation-notice-appear-policy-memorandum

"Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued."

[montgomery 0]

1 hour ago, psgma said:

Per USCIS website, they postponed the issuance of NTA until they figure out a way to properly implement it.

 

https://www.uscis.gov/news/alerts/updated-guidance-implementation-notice-appear-policy-memorandum

"Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum.  Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued."

Thanks!

 

Is the NTA delivered by post office mail or is it "served" in person?

[Going through 5,668]

1 minute ago, montgomery said:

Is the NTA delivered by post office mail or is it "served" in person?

Delivered by USPS.  

[montgomery 0]

I always heard that a denial comes with instructions to leave the country within 30 days of the denial.

 

The denial letter we got says nothing like this.

 

It does however say that we have 30 days to file an appeal or motion to have our case looked at a second time to see if there was an error in the decision to deny.

 

So, do the instructions to exit the country come after the 30 day window to file a motion has closed?

Edited July 31, 2018 by montgomery

[Going through 5,668]

No one is going to show up at the home and drag the person onto a plane, if that's what you're thinking.

 

It is at the discretion of DHS to file the NTA with the court after an I-485 denial. Unfortunately there is no way to predict when they will file it, or if at all.  Ultimately it is the call of the local office as to when or if they wish to file.

 

As mentioned before, many people simply ignore the denial letter and continue to live out their lives in the US quietly under the radar.

(not something I suggest, of course)

Edited July 31, 2018 by Going through

[Going through 5,668]

Of course, a person in this situation may always be reported to ICE,  however a straightforward denial due to only a no-show at an interview would be very, very low on the totem pole in terms of ICE's priorities right now.

 

On an aside----you'll get much better advice if you are more straightforward about asking whether there's anything you can do to have someone deported, and how to gather evidence/what types of evidence to submit/how to report fraud if you just came out and asked it directly a while back   

 

You'll also get much better advice if you're on the flip-side of that and hoping your significant other can remain in the country legally and wondering about the avenues open to her.

 

I understand you are trying to be private, but It can be very difficult/wearisome to properly advise someone when there is a sense of a "cat-and-mouse game" with info (might be why others have dropped out of this thread earlier).  Plus, it's not like any of us here on the internet know who you actually are.  If you want better and more rounded advice, just come out and ask for it    Best of luck in your situation.

[montgomery 0]

4 hours ago, Going through said:

 

 

On an aside----you'll get much better advice if you are more straightforward about asking whether there's anything you can do to have someone deported, and how to gather evidence/what types of evidence to submit/how to report fraud if you just came out and asked it directly a while back   

 

You'll also get much better advice if you're on the flip-side of that and hoping your significant other can remain in the country legally and wondering about the avenues open to her.

 

I understand you are trying to be private, but It can be very difficult/wearisome to properly advise someone when there is a sense of a "cat-and-mouse game" with info (might be why others have dropped out of this thread earlier).  Plus, it's not like any of us here on the internet know who you actually are.  If you want better and more rounded advice, just come out and ask for it    Best of luck in your situation.

Straightforward question:

 

Does a flow chart of what happens after the denial of a i485 exist? If so, I would love to see it. Or if someone in the know could provide one, that would be great.

 

I am not trying to be cryptic, private, secretive.

 

I understand that ICE is not going to show up asap. I did not think that nor would I want that.

 

I just want to know how USCIS handles these cases. There is no appealing the decision, I know that much.

[Going through 5,668]

24 minutes ago, montgomery said:

Does a flow chart of what happens after the denial of a i485 exist? If so, I would love to see it. Or if someone in the know could provide one, that would be great.

Depends on the reason for the denial.  Cases involving fraudulent marriages differ from cases involving ineligibility in terms of how denials are handled per USCIS's adjudicator's policy manual.

 

Read their policy manual here and sift through the info to find whatever it is that is applicable to your personal situation:

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7.html

 

Best of luck, however you are wishing things to work out.

 

Edited August 1, 2018 by Going through