albania

if you are in AP, then getting sent back again to uscis is sorta 'iffy'.

It was already sent back once and re-affirmed, but you won't know the next step until AP is completed.

AP takes some time.

Many instances here on VJ where the visa was issued after AP is completed, though, so that's a plus...

Ultimately, it's up to the VISA OFFICER handling your casefile, for what's next after AP is completed. IF, he's satisfied with the results of the AP, and sees no other reason(s ) to deny your visa, he will most likely issue the visa to you.

But, just remember - it's the 'totality of the casefile' that's in play, here, not just the fact that the casefile was sent back, not just the fact that USCIS re-affirmed it, and not just the fact that you got a 221-g for expired documents, and not just the fact that you are currently in AP. There's other things a Visa Officer must consider when deciding if you get the visa or no.

Good luck, however it turns out.

thank you, that was helpful

When you have a moment, please create your timeline

yes i will as soon as i gather the exact dates of my timeline

ok that makes sense thank you

ok thank you for your help

Hello, I had my first interview for my I-130 petition in 2010. The consular officer decided to send my case back to USCIS for possible revocation. After 1 year, my case was reapproved and I was given a 2nd interview on March 5th. This interview resulted with a 221(g) telling me I needed to submit a copy of taxes and another birth certificate and on top of that I was put in administrative process. I sent those 2 documents in and got called in to the embassy again and got asked some more questions as a continuation of the March 5th interview. Once again, I was told I was put in AP and that I would be contacted when they were ready. I am just wondering if it is possible for the embassy to send my case back to USCIS again or is that a one time only thing?

Also, check this forum:

http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

thank you

Thanks for your reply but I have gotten my NOIR now and it took exactly 6 months and 1 week. I had to get help from my Congressman. Maybe you should have done the same. I am now waiting on a reply. How long do you think it will be before they Reaffirm me?

i did have several congressman and senators helping me out... and im saying that my petition got reaffirmed after 1year and 3 months...which is what your waiting to find out now...well, if you sent the rebuttal to the NOIR, there are again 3 possible things that could happen...you petition could get reaffirmed, you could be sent another NOIR which you have to reply to(like in my case), or your petition could be denied. I usually got notified within 60 days of any action that took place regarding the NOIR.

For any petition based case, they can send as many NOIRs as they see fit until they are ready to make their decision.

More than 1 is unusual.

i guess i am one of those unusual cases because i got 3 NOIR's until i finally got approved... i got reapproved after 1year and 3 months

Hi, I was just wondering if a person would be allowed to immigrate to the US if they had been convicted for substance abuse and went to jail for it? Or would they be denied automatically?

Yes, what JimVaPhuong said. It is a catch 22.

The only period which the adoption could have been reversed was within the first two years since its legalization, for reasons like abuse, etc.

But the petition has been reapproved like I said prior, which is a step in the right direction. We are now waiting for an interview date, but that will be a while. The embassy has not yet received the reapproval letter from USCIS, so I sense there will be a bit of a wait. It is worth it ,though, if we can bring our daughter back home.

I GOT REAPPROVED!!

After 1 year and 3 months :DDDDDD

ughh im so happy!!

hi, i got an NOIR too and USCIS received the file october 2010. they sent the first NOIR in novemember. the second in february, the third in june and this last one in september.

we have gotten a congressman to constantly check up on them, i think that is helpful. so get in touch with your local congressman. but im still waiting for a reply as to what will happen. just sent new docs now in october. my interview was july 29th,2010, btw.

There is no "backup plan". If the approval of the petition is revoked then you can file an appeal. That costs extra money, and you have to demonstrate either that USCIS clearly erred or that you have new evidence that you believe would change their decision. When the appeals process within DHS is exhausted then you're next option is a civil suit in a federal court.

If your lawyer is as good as you say then they should have advised you that getting an immigrant visa for an adopted child is nearly impossible if either of the biological parents is still alive. The exception would be if the biological parent is incapable of caring for the child and their parental rights have been revoked. Even this exemption wouldn't exist if it weren't for the fact that someone who immigrates through adoption will never be eligible to petition for their biological parents. The law practically mandates that the child must be an orphan.

If the biological parents simply put the child up for adoption then it's very unlikely you'll ever get a visa for the child.

Ok, it is a little more complicated than that because the child has been to America with their biological parents.She lived there from age 6 to 17. The biological parents are U.S. citizens but prior to them getting permanent residency, we adopted her and the adoption got approved. She got a voluntary departure at age 11, but we did not send her back until age 17 when it was time for her visa interview, where she was denied her visa, because the consular officer believed ties between the biological parents were unaffected and that she did not live with us for the required 2 year minimum for it to be considered a real and legal adoption. I did not want to include this other information because I was just looking for a more basic answer, like timeline of NOIR's, chances of it getting approved, etc.

Was the child adopted in a Hague Convention country? Did you use an accredited adoption agency? Are the biological parents (either of them) still alive?

Immigration for adopted children is complicated. The consulate has apparently already rejected your daughter's visa application, and USCIS apparently agrees because they're intent on revoking the approval of your petition. I think it's time to get a very good immigration lawyer to help you.

Yes, both parents are alive. That's really the only thing they are using against us. Saying the relationship between the biological parents was never affected by the adoption and the adoption was only done for immigration reasons. We have a lawyer and he's supposedly one of the best around here, but I don't know about that. And he doesn't even have a back up plan for us if the petition is denied.

Did you respond to any of them? The NOIR is your notice that you have one final chance to keep them from revoking the approval of your petition. If you don't respond adequately then they'll revoke the approval, and any accusations made by the consulate will become facts.

Who were you petitioning for, and why did the consulate send the petition back to USCIS?

i responded to 2 of them. i am going to respond to this third one, also. i just dont understand why they keep sending them even after i responded, asking for the same documents etc, that we have responded to already. anyways, i am petitioning for my daughter, she is adopted by me and my husband, but she is a family member. so they are saying that she has lived with her biological parents the whole time, and hasnt lived the required 2 consecutive years with us, which is false because she has lived nearly 7 years with us, and went to school in our neighborhood, and has always been with us these last 7 years. they are asking for a timeline of where me and my husband have lived, and where my daughter has lived all this time, and also where her biological parents have lived. i just wanted to know the chances of petition getting approved, based on what i have said about my case.

Hi, I have gotten 3 NOIR's so far on my i130?

is this normal? and does every petition sent back from the US consular officers get a NOIR from USCIS? Is this standard? What are the chances of it getting approved and not revoked? its been a year of them sending NOIR's and asking for the same documents over and over again.