chiquita

Hello?

Well, I called uscis and was told that I have to wait 120 days from the day they got the petition back which is basically 3 months from now. Acording to the lady at Immigration, if it isnt reviewd by then to call back. I am 100% certain I will be calling back. Can ANYBODY hook me up on what I can expect next? Am waiting on the letter to revoke/deny or the letter to submitt more evidence?

Oh GOD my head hurts!

Limah

yes you are now waitng to receive the NOIR.

the NOIR will be telling you why they want to revoke your petition.

i was told to be proactive. make copies of my proofs and send them in to the USCIS office where my case is. i did this along with a letter explaining what happened and why i was sending the proofs. i sent my package so someone had to sign for it as proof of delivery so the USCIS could NOT say they did not receive it.

after i received the NOIR letter i was prepared to answer it. i had been wotking on it all along. of course it was just a draft but i wanted all my ideas down and ready to go.

basically you will be responding to any CFR that they and the CO believe cause you not to be eligable for a visa. then there is 8 CFR 103.2(B)(16) "Applications, petitions, and other documents" that is the golden one we can all use to overcome the CO's accusations.

in the meantime keep up collecting your proofs. keep a paper trail of everthing you have done to try working with casa to prevent your case from being returned. you want to show USCIS that you tried and yet casa turns a deaf ear.

chi

congrats!!!!

one step closer!!!

i hope you hear about the i-129 soon too!

chi

when i read what you wrote my heart hurt for you. i so understand how you feel. it is so difficult to be separted from your spouse. it is even more difficult to have a stranger judge your relationship all in about 5-10 minutes.

hang in there. there is hope. it may or may not take more time than others , but there is hope. never let go of it.

chi

Kiya, Chiquita, this is the brother I PMed you about.

please get in touch!

chi

No prob i know you are like anyone else concerned about whats ahead, but i think we just found there is no plan to be prepared no right way to gather information, no right way to practice the possible questions. I had read, we talked over questions etc.....we had everything, but if they dont ask the same questions or look at the papers thats not going to help when the time comes.

Thanks MK ummmm if you have seen me around then you know im not to good at keeping my mouth shut if im wrong i will acknowledge but if im not i wont just lay down and take it and in this case we are not wrong. As i said logically i know im no different i cant change government or even fight them to great extent they wont treat me any differently than the one before me or the one after me but in time THEY WILL REMEMBER AND KNOW WHO WE ARE..cool head NO if they were in front of me grrrrrrrrrr

very true. very true indeed.

i am sure the CO knew exactly everything i did to prove they LIED and were SO WRONG. she kept apologizing the entire time i was there. she said she was sorry for what we had went through. does that not tell they know full well they are wrong but dont care?

by the time of our 2nd interview our case file was HUGE! trust me i omitted nothing. i am sure my anger and outrage (but polite) at how we were treated came through quite clear.

chi

section 212 g wich prohibits the issuance of a visa to anyone whose application does not not comply with the provisions of the immigration and nationality act or regulations issued pursuant thereto.the following remarks apply in your case *

your petition has been returned to the department of homeland security s bureau of citizenship and immigration servises USCIS for further review . please contact the USCIS national customer servise center at 1-800-375-5283 1-800-767-1833 for tyy calls for additional information about your petition

ok ahmed emailed me the paragraph he was given above now what does "DOES NOT COMPLY WITH THE PROVISIONS ETC ETC" then the little * which he was given no reason to be returned.

What is the problem to address and fix if we are not told?? what provision or regulation did we not follow...

I dont mind to share this with anyone as i stated we dont have anything TO hide

this is the problem. no reason is ever given.

we were never given the reason on the NOIR that i received. nothing concrete that is. just generalities...

ie husband does not meet the requirements required for the benifit sought. the CO concluded the relationship was not valid for immigration purposes.

what does that tell me?? not a thing.

i wish there was more to help others but not even the petitioner gets to know the reason.

chi

Barbara, are there any cases that have not been reaffirmed and sent back to Casa for a 2nd interview (besides expiring)?

not that i know of. the case MUST be reaffimed by USCIS un order for casa to consider it again. we have found that some do not get this opportunity at all for the i-129's. the service center sends out a letter saying the petition has expired and that the benificiary can refile.

ella thought she was to file an other petition so she did so. i believ they even got as far as having an interview scheduled for the 2nd i-129. but casa said they would have to wait until the first i-129 was returned to them. this fianlly did happen and they have the visa in hand.

And are there any that are returned to Casa, has a 2nd interview, and still be denied?

yes, unfortunately this has happened...ie a married couple has has their case returned from casa 2 times. they have now been married 4 years and have just had their case reaffirmed for the 3rd time. we both had our 2nd interviews scheduled around the same time. we got a visa and they did not. it broke my heart to say the least. i am not sure where it is at the moment, maybe waiting for casa to just give up and issue that visa!!! i have know her since we were denied in april 05 and they were denied abround the same time. i met her through VJ and we have learned much along this way. back then there was no info available for any of us who were denied and what the process was. even my reps had no clue as what i should do since they had not heard of this happening.

it is my hope that everyone can gleen from all the others who have suffered through the denials coming out of casa. this is the only reason i am here. my husband is here tucked in beside me. we made it but this is not going to be true for other couples. i see as we find other ways of proving a valid relationship to the consulate, the consulate still denies couples. apparently we need more ideas to get through to them that these couples are not frauds. yet i do think these issues need to go higher above the consulate. it will take a lot of ppl to get this looked at. but how many are willing to hang on for this cause? there are a few yahoo groups who are banding togther to try and get through our government and get these issues looked at.

for those interested >>>

http://groups.yahoo.com/group/unitefamilies/

chi

This is true, we had the age but according to everyone and legally that is discremination and was addressed all the way thru the application. We are not the first nor the last im sure to have the age matter. The person doing Ahmeds interview never even looked at ANY of the material i had sent in my neatly divided notebook, not one piece. She ask him one question if i had ever sent him money, which truthfully i had forget and there was no evidence at all to bring this up. Him being mr i always tell the truth, told her yes once. BUT then she never gave him the opportunity to say "but i returned it when she made the visit". Then she ask him "have you known other American women, again mr truthful, "yes i have had many friends i enjoy to talk my 3 languages with" the main word being HAD to him but maybe not to her.

So you see they piece the story together to fit their opinions only, they have nothing on us, because there is NOTHING to have on us, everything was right out in the open with nothing to hide. He felt the interview went very good, he has no background or reasons that HE should not qualify as a person to get the visa,and i dont see Casa as God to decide who should choose to be together in life, and all our papers were done very carefully with no problems accepted all the way down the line....so you tell me, why were we denied (age) again are we the first or last with this issue, (money) 1 time he paid back, has no one else done this, ive seen they even included the many receipts they have,(others) who on the computer doesnt have friends from all over the world?

Anyone going thru Casa should beware, you can do perfect papers and tell the truth and it wont matter one little bit, they do as the please. How many are married and they dont believe the marriages? i think they are putting themselves just a little bit to much to make the decisions into other peoples lives

Also IF we were given a reason for denial i would glady say, but we dont know either nor can we find out.

you are so right!!!!

i even put in my responce to the NOIR that considering age is discrimination!!!

i cossed all my t's and dotted al my i's. it was not enough. i organized everything to make it a breeze when the USCIS/CO went trhough our case. i addressed each and every potentional RED FLAG. lol...back then i had never even heard of red flags but i had enough sense to address everything and anything i could so that there would be no question about our relationship.

the best anyone can do is try to be prepared. we have no idea who will or will not get a visa based on what is even more of a mystery reason by all of us who has been through it.

there is one bright light though, if i may bring it up. if you are married you will be able to overturn the supposed finding of the CO and have your case returned to casa for another interview. for fiance we are not sure who will get this chance and who will not. it depends on the service center that approved the petition the first time. i know this makes no sense! there should be a policy about this across the board but sadly there is not. kiyah can address this issue much better than i can. she has suffered through this mess first hand.

chi

i really wish people would put why couples are denied so some people can see whats coming for them. like if they had a huge age gap or whatever big red flags... or what?! i saw the red flag thread and we have none of the above. but i still worry. you never know, right?

ps. yes, mona, im so glad our fiance's can keep each other company while they wait!

like Limah replied, those couples who were denied in casa were never told WHY. most of us only find out via our reps and then the reasons given are quite vague.

in our case we were told the reason given by the consulate was "due to the validity of the relationship". it is my guess (from those who have had their cases returned) that 99% of the denials there are for this reason.

in our case, the NOIR i received did not mention anything about what the CO found regarding our relationship.

it just stated a few laws in and that the consular findings that indicated my husband was not eligible for the benifit sought under immigration and that the relationship between us was not valid for immigration purposes. and that is it.

i just wanted you to know that we are not trying to hide anything, it is the consulate who is. i even went to Morocco begging them to let me show them the proof of our marriage that the CO failed to ask for at my husband's interview. if you read any of my posts, you may have a better idea of what happened in our case.

i understand your frustration and fear. none of us expected to get denied and have our cases returned to USCIS. there seems to be no rhyme or reason as to who they will select to do this too. the red flags posted are just a few of the possibilties that could be a reason. by no means it that list complete.

it has been said here to have you husband/fiancee prepared. he should feel comfortable with talking about your relationship. he needs to know every detail on the petition. he needs to know every detail that the CO has access to.

i am sure many will have advice for you. there is a thread for this as well.

i wish you well and i pray you get that visa!!!!

chi

I'll ask. I've referred them to Kiya and Chiquita.

i have not heard from the couple yet. does anyone know what happened?

chi

yaaaaaaaaaaaaaaa Ella!!!

you did it!

you did it!!

i am so happy for you.

chi

How did they reply to you, Maggie?

With a reply email. Now why can't they respond that fast when other people email them asking for their interview dates?? I mean it was less than 24 hours from when I sent the email!!

Right, I meant in what way was it rude?

Essentially she told me I was not allowed to be in Brnid's business.

If her friends cannot follow the advice given to email the consulate, where can they send the information to make sure it's considered? Or is it too late since it already left the consulate?

it doesnt amtter that they wrote back those words to you. the same happened with zena. but they do get the message and that is what is important at this point. lest hope it works for this couple as well.

chi

Stating it has been sent back does not mean it is not physically in the building. I think it could mean the decision has already been made and it is marked for return. In other words, it is moved from one office to the other. Thus case closed from their point of view.

true. i am sure the petition is still in casa.

it takes 2 CO's in agreemant to return a case to USCIS. i doubt that has happened as of today. the couple still has a chance of getting through.

Sure the congressmen and senators office so far just are beginning to look into but one congressman office even volunteer to send to another that he thought would be of help so cant do it all in one day t but according to them EVERYONE IS SUPPOSED TO REC REASON FOR DENIAL maybe if they would tell us then we can fix...and as we still speak more letters going out ha when they start in the morning they will already know us ha we're not down (to much) we know they dont have anything on us... im thinking positive

posting this again>>>

try this and or give to your reps to use

FEDERAL CODE OF REGULATIONS 103.2(B)(16)

(16) Inspection of evidence. An applicant or petitioner shall be

permitted to inspect the record of proceeding which constitutes the

basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If

the decision will be adverse to the applicant or petitioner and is based

on derogatory information considered by the Service and of which the

applicant or petitioner is unaware, he/she shall be advised of this fact

and offered an opportunity to rebut the information and present

information in his/her own behalf before the decision is rendered,

except as provided in paragraphs (B)(16)(ii), (iii), and (iv) of this

section. Any explanation, rebuttal, or information presented by or in

behalf of the applicant or petitioner shall be included in the record of

proceeding.

[[Page 92]]

(ii) Determination of statutory eligibility. A determination of

statutory eligibility shall be based only on information contained in

the record of proceeding which is disclosed to the applicant or

petitioner, except as provided in paragraph (B)(16)(iv) of this section.

(iii) Discretionary determination. Where an application may be

granted or denied in the exercise of discretion, the decision to

exercise discretion favorably or unfavorably may be based in whole or in

part on classified information not contained in the record and not made

available to the applicant, provided the regional commissioner has

determined that such information is relevant and is classified under

Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring

protection from unauthorized disclosure in the interest of national

security.

(iv) Classified information. An applicant or petitioner shall not be

provided any information contained in the record or outside the record

which is classified under Executive Order No. 12356 (47 FR 14874; April

6, 1982) as requiring protection from unauthorized disclosure in the

interest of national security, unless the classifying authority has

agreed in writing to such disclosure. Whenever he/she believes he/she

can do so consistently with safeguarding both the information and its

source, the regional commissioner should direct that the applicant or

petitioner be given notice of the general nature of the information and

an opportunity to offer opposing evidence. The regional commissioner's

authorization to use such classified information shall be made a part of

the record. A decision based in whole or in part on such classified

information shall state that the information is material to the

decision.

crude why do those smilys appear???

it is CFR 103.2--b--(16)

chi

Seems like the more organized you are the less they look at. I have seen people take binders, tabbed with a table of contents, and they don't look at a single thing. People take a handful of things and the CO will oooh and ahh over the pics. Go figure. It seems more like a craps shoot than anything resembling systematic. One week one person is in denial mode, the next week it's the other one. The only consistent thing I've heard out of Casa is that the man is nice...and I'm sure someone will come along now and say they had a bad experience with him too.

unfortunately i am sure you are right. i have said repeatedly there is no rhyme or reason to what casa does. we can all second guess but in reality, only the CO who returns the petion knows. sadly the couple will NEVER know ther reason either. when the NOIR comes it just states that the CO found the couple ineligable for a visa blah blah blah. although one couple did get a copy of the CO's notes! me thinks that was a boo boo.

chi

OH shoot Limah, i made a booboo.

i sent the post by mistake and i didnt finsh it.

i was posting the CFR that is the first one you can use in your case.

this is the link>>>

http://a257.g.akamaitech.net/7/257/2422/14...3/8cfr103.2.htm

it says>>>

(16) Inspection of evidence. An applicant or petitioner shall be

permitted to inspect the record of proceeding which constitutes the

basis for the decision, except as provided in the following paragraphs.

(i) Derogatory information unknown to petitioner or applicant. If

the decision will be adverse to the applicant or petitioner and is based

on derogatory information considered by the Service and of which the

applicant or petitioner is unaware, he/she shall be advised of this fact

and offered an opportunity to rebut the information and present

information in his/her own behalf before the decision is rendered,

except as provided in paragraphs (B)(16)(ii), (iii), and (iv) of this

section. Any explanation, rebuttal, or information presented by or in

behalf of the applicant or petitioner shall be included in the record of

proceeding.

[[Page 92]]

(ii) Determination of statutory eligibility. A determination of

statutory eligibility shall be based only on information contained in

the record of proceeding which is disclosed to the applicant or

petitioner, except as provided in paragraph (B)(16)(iv) of this section.

(iii) Discretionary determination. Where an application may be

granted or denied in the exercise of discretion, the decision to

exercise discretion favorably or unfavorably may be based in whole or in

part on classified information not contained in the record and not made

available to the applicant, provided the regional commissioner has

determined that such information is relevant and is classified under

Executive Order No. 12356 (47 FR 14874; April 6, 1982) as requiring

protection from unauthorized disclosure in the interest of national

security.

(iv) Classified information. An applicant or petitioner shall not be

provided any information contained in the record or outside the record

which is classified under Executive Order No. 12356 (47 FR 14874; April

6, 1982) as requiring protection from unauthorized disclosure in the

interest of national security, unless the classifying authority has

agreed in writing to such disclosure. Whenever he/she believes he/she

can do so consistently with safeguarding both the information and its

source, the regional commissioner should direct that the applicant or

petitioner be given notice of the general nature of the information and

an opportunity to offer opposing evidence. The regional commissioner's

authorization to use such classified information shall be made a part of

the record. A decision based in whole or in part on such classified

information shall state that the information is material to the

decision.

i hope this helps you Limah and all the others who were never told WHY their case was returned to USCIS.

chi

I thought I'd bring the issue over here so as to separate it from the language thread, which was related to a specific issue. So, as Chiquita posted there, Ellis sees the red flags as:

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

Do you have any of these red flags?

If you've already been past the interview stage, did you have any of these? Were they addressed at the interview? How did you prepare yourselves to address them? What advice would you give to others with the same red flags preparing for their interviews?

ETA: I don't think this list is comprehensive for some of the MENA consulates. What would you add?

I have been kinda snoopin around this thread for a couple of days tryng to decide if I wanted to say anything about what I "think" our red flags may be that affected Abdel's denial. Some of it is too personal....

#1 I knew my husband for quite sometine before we deided to marry. We were just friends prior to an actual decision to "kick it up a notch" and move foreward and pursue a relationship.

#2 I think could be a red flag, if u will, but honestly, I did come here to marry him. I dont have that kinda money to be

"checkin nobody out", so......

#3 his english is great, my arabic is not....

#4 I have my own place....

#5 he has his own gig, I do have some prospects for him when he gets here, but how could they know that?

#6 Phone record are in my brothers name, which both of our names are on the lease, but they never looked at it so I dont even think it mattered............... My brother and I hve been living together for about 7years on and off. He JUST moved out when he thought Abdel would be here to give us privacy..... GO FIGURE!

#7 Neither of us have never been married! WOO-HOO!! No baby mama drama... Im bout sick of that nonesense!

#8 Didn't know we would nee all that for immigration services so documentation starts about 4 months b4 I came to Maroc with my daughter.....

#9 Visites 2wce in 1 year, for the marriage and after the intreview......... If I knew then what I know now..........

#10 see #7

#11 I have never filed a petition on behalf of anyone else.....

I am sure that the list goes on and on and on as to what constitues "red flags". I guess youjust can tell. Like I mentioned earlier, I wish I had known half of the things that I know now. Would it have changd anything? Maybe so, maybe not... who knows?

And just to comment on a few other things I've seen here about the Hubz working or not working, Abdel said he would be "ill" if he didnt have a job. I just giggle at how he uses the word 'ill', but anyway... to each his own. He does have 2 sisters in the US, never mentioned in the interview. They send money here every month, well their husbands do. I am not doing that. I don't do it now. Once Abdel gets to the USA and starts working, its our household first, and thats it. Not cuz I say so but because we say so. He is the last of the mohicans to be at home. He made sure that his brothers and sisters were settled enough in their own lives before he pursued his own happiness.. ME! He's the last to be married, other than his 22 yearsold sister that now has a god job in the Emirates, the last one at home, we are also dying to have a baby, also his dream as he put it to me the other day, is that now he wants his own life, and his own wife.

He wont take money from me. So I dont send it but I would. Yes it does me good to know that my brother in laws in the USA send $ here. I guess their wives insist or something. Neither of my sis in laws work, so I dont know about that one. Take care of me here and them there. Abdel can do it if he choses. But doesnt it say somewhere that the wife comes first?Im not selfish, its not like if they called and said there was some emergency or something, I'd still be like NO!, thats different.

Limah

Limah

even if you did not tell about his sisters being in the states it still could have been an issue. i am not sure but the same thing has happened to Other couples. they did not tell either but the info came out later.

you know the saying...damed if you do (would you have been denied if you brought up the sisters?) damed if you dont (same thing..dont tell about the sisters). this could POSSIBLY be your situation. just guessing thats all.

bottom line though is you have the number 1 regualtion on your side>>>>

CODE OF FEDERAL REGULATIONS 103.2(B)(16)

i am an organizer type of person. i even made a 'table of contents' for my folder.

This made me lol coz I'm an organizer type too. I even made a table of contents for my petition!

ahhhhhhhh...jeepers i did that too! for both petitions!!! (K 3 and I-130)

chi

I don't really think it's a good idea to show that he's taking money out of your account and that he has a check card from your bank account. It will appear as if you're supporting him. Which I'm hoping is not the case.

"Appears"?

ditto!!!

i would not give them that type of info at all!!! this will only make the CO think this is a green card deal.

there is so much great advice here on VJ on what to take for the interview.

pics and lots of them!!!

family pics are a must.

copies of you e mail logs (screen shots)

copies of your passport pages showing when you visited along with copies of your tickets/credit card payments for such

copies of phone bills to each other

any snail mail

gifts to each other

make a folder to organize everything. lol...i was just replying to another post on how i made my folder. i am an organizer type of person. i even made a 'table of contents' for my folder. i wanted our proofs to be easy to look through.

one of the most important things is having your fiance well prepared. he needs to know all about you! this is so important. some of the men dont interview well so see how he feels about it. then help him in those areas that he needs help.

chi

I don't have much to add except dress nice, be polite, answer question the best you can and most important be professional. If you have any evidence at all organize it. Put you evidence in such a way that it is easy for them to review. Also don't be afraid to email them with these same questions you ask here. Before the interview, I emailed and called them so much they know me and my fiancee by time she had her appointment. At least this way they know you care.

By the way, I was told they don't look at most of the evidence anyway. Mostly they care about calls and pictures......

very good advice.

organize your proofs is so important!!! i made a folder for ours. i had a table of contents

i put all of our pics in plastic sleeves. i tried to make is so easy for the co to go through.

*sigh* the CO at our first interview neglected to ask for proof. guess he thought we were to stupid to have bring any. it was in DH briefcase, all 4 1/2 pounds of it. the man at the door told DH not to get the proof out until the CO asked for it. *sigh* we waited another 18 months for him to get here.

my advice>>>

GET THAT PROOF OUT AND KEEP IT OUT!!! SHOVE IT UP THEIR NOSE EVEN IF THEY DONT ASK FOR IT!

chi

wouldn't we all!!!!!!!

love it

just love it

chi

Will do! Thanx!

Limah

link to amended return info>>>>

http://www.irs.gov/taxtopics/tc308.html

Topic 308 - Amended Returns

If you discover an error after your return has been mailed, you may need to amend your return. The service center may correct errors in math on a return and may accept returns with certain forms or schedules left out. In these instances, do not amend your return!

However, do file an amended return if any of the following were reported incorrectly:

your filing status

your total income

your deductions or credits

Use Form 1040X (PDF), Amended U.S. Individual Income Tax Return, to correct a previously filed Form 1040 (PDF), Form 1040A (PDF), Form 1040EZ (PDF), Form 1040NR (PDF), or Form 1040NR-EZ (PDF). If you are filing to claim an additional refund, wait until you have received your original refund (you may cash that check). To avoid penalty and interest, if you owe additional tax for a current year amended return, file Form 1040X and pay the tax by April 15 of the current year. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day (i.e., Tax Year 2006 is due April 17, 2007).

File a separate Form 1040X for each year you are amending. Be sure to enter the year of the return you are amending at the top of Form 1040X. The form has three columns. Column A is used to show original or adjusted figures from the original return. Column C is used to show the corrected figures. The difference between the figures in Columns A and C is shown in Column B. There is an area on the back of the form where you explain the specific changes being made on the return and the reason for each change. If the changes involve another schedule or form, attach it to the 1040X. For example, if you are filing a 1040X because you have a qualifying child and now want to claim the Earned Income Credit, you must attach a Form 1040 Schedule EIC (PDF) to show the qualifying person's name, year of birth, and social security number.

Generally, to claim a refund, Form 1040X must be filed within 3 years from the date you filed your original return or within 2 years from the date you paid the tax, whichever is later.

If you are filing more than one amended return, be sure to mail each in a separate envelope to the service center for the area in which you live. The Form 1040X Instructions list the addresses for the service centers.

Please Note: Your state tax liability may be affected by a change made on your federal return. For information on how to correct your state tax return, contact your state tax agency.

How does a person know if they are denied? It was stated earlier that the person 'will know' but this person was not told. Only after reading and re-reading the text (after finally finding it) did we determine that they were denied! Is it usually more clear than that? Is the only reason a case is denied is for suspected fraud?

unfortunatley it is not clear. ours was very unclear. it said it was going to be sent to ROME. lol, can you believe that?

the 221g should say if it is going for AP or bring returned and i belive it says it on most forms in the past year or so.

perhaps this CO neglected to give the proper notice. i am hoping and praying this couple is going for AP!!!!

chi

They're also supposed to provide the applicant with a written, specific reason why the petition is being sent back, as well as offer the petitioner and applicant the opportunity to provide further information to refute those reasons.

Do they do that???

HECK NO!!!!

I HATE CASA!!!!!!

lol...you are sweet! ( I HATE CASA!!!!!!)

no they violate that regulation too. makes way to overturn the NOIR if only ofr that reason alone!

chi

According to the regs, the petition cannot be recommended to be revoked unless there is NEW evidence obtained during the interview that constitutes a finding of "substantial evidence of ineligibilty" that was unknown to DHS before the petition was submitted to the consulate. Those red flags are among, but not limited to, the list of "red flags" given in Marc Ellis' article, cited before.

That's exactly right, and part of the reason why it's advisable to address the red flags in the original petition. I don't know if brnidokiegurl did that, but if she did I would think it would help them in getting the return reversed more quickly.

she did

she also was prepared with them for the interview

chi