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If my interview is denied what are my next steps?

Fort Lauderdale, FL |

i haven't reached the interview process yet, i am still waiting to get my affidavit of support approved at NVC. however i was reading on the NVC website that if a case is denied it cannot be appealed?
god forbid this happens to me, what are my next steps?

Attorney Answers 3


I would not wait until a denial without any competent legal assistance. The better your case is prepared and handled, the better off your chances would be.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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The NVC will review the I-864, I-864EZ, I-864W or I-864A for completeness and correctness. If the form is not correct or complete, the NVC will ask the petitioner/sponsor to correct and complete the applicable form. It will explain what is wrong with the previously submitted form. When a corrected I-864, I-864EZ, I-864W or I-864A is accepted by the NVC, it will be sent with the immigrant visa petition to the U.S. Embassy or Consulate where the applicant will apply for a visa.

In other words, you are given a chance to fix any errors. But of course if the sponsor simply does not qualify, you should get the chance to submit the I-864 of a joint sponsor who would qualify. It is true that there are no appeal rights, but really, an appeal would be expensive, and it is better to fix the problems that way the NVC wants it fixed than it is to pay a lawyer to fight over legalese.

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1 lawyer agrees


Next steps will depend on the reason for the denial. If there are any particular aspects of your case that give you pause or concern, now might be the time to hire competent immigration counsel. In immigration, it is generally easier to prevent disaster than to respond to it.

Answers provided by Ksenia Maiorova, Esq. on are of a general nature and do not constitute legal advice.

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