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I think that our stoke interview did not go so well. what will our result likely to be. what other action will immigration take

Asked over 2 years ago - New Jersey

we went for our stoke and were not on the the page with our answers. Several answers were not the same. what are our chances that we will be approved. how does the process works after they say they will review the case. They took extra document from us. Will they go back and review the tape before they make the decision or just the documents submitted.along with our file. What action will immigration take against us. With red flag during the interview why didn't thay deny us on the spot.

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Attorney answers (2)

Jeffrey Adam Devore

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in West Palm Beach, FL.

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Absent a finding of statutory ineligibility, USCIS cannot deny a relative petition "on the spot". The requlations require that the petitioner be given written noice of its intention to deny the petiton.

USCIS does this by issuing a Notice of Intent to Deny (NOID) to the U.S. Citizen petitioner setting forth the proposed basis for denial. The petitioner then usually has 30 days to file a response addressing the issues in question (often the inconsistencies in the testimony) and to provide additional supporting documentation in suport of the petition.. Thereafter, a decision is rendered (though that can be many months or years after the response is filed). The decison can be to approve the petition, deny the petition, or re-interview the parties.

You and your spouose should consult with a qualified immigration attorney who can review the facts of your case and advise you as to a recommended course of action.

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Lynne Rogers Feldman

Reputation Level 15

Answered over 2 years ago. Immigration Attorney in San Diego, CA.

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The Officer has several options to pursue including reviewing the file and the tape (if your interview was taped), discussing with a supervisor, referring the case to the Fraud Unit for further investigation, sending a Request for further Information, denying or approving the case or sending a Notice of Intent to Deny giving you a short time to overcome their concerns. If you do get a Request for Evidence, Denial or Notice of Intent to Deny I strongly urge you to get an attorney to assist with the response. At this point it is out of your hands but it is possible that a second interview will be scheduled or a home visit will occur. Carry on your life and have your attorney follow up after 60 days if no communication. You should continue to accumulate evidence of your good faith marriage -- joint documents, pictures when you take trips together, gather with family for events. Be sure to continue to maintain your work card if you are working.

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