I have got L1A Individual approved on March 22, 2013. I have Visa interview on 10th April 2013. Are there any chances of rejection during the visa interview.
Yes. The U.S. Embassy can make a determination that you are inadmissible or the underlying non-immigrant visa should be revoked.
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USDOS is known for trying to re-adjudicate petitions approved by USCIS. Rational: they say USCIS does not see the person and does everything on the paper while they come into direct contact with the individual. The interviewed will have about 2 min interview at the consulate. s/he better be prepared to make good impression. The best way to prepare is have a conversation with the attorney who did the petition and ask them to prepare the applicant. It can be done on Skype, by phone or via any other media.
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Yes, you must demonstrate that you are admissable to the U.S., and the Embassies have been known to return approved petitions to the USCIS for reevaluation.
Please click the link below for additional information.
Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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You bet there are! Consulates are notorious for engaging in the impermissible act of "consular re-adjudication of L-1A petitions approved by USCIS, for they always suspect "fraud" and "misrepresentation" by both petitioner and applicant. Of course, consuls do not usually engage in such practice in Paris, Frankfurt or even Istanbul, but are notorious for doing so at US consulates in Hindustan, Pakistan or any former Soviet Union country. Once they deny, consuls immediately send the approved USCIS petition back to the USCIS service center which granted them, with a recommendation to "revoke" based on fraud or other alleged "inconsistencies".. USCIS is only too happy to comply in such situations, and will end up sending the petitioner a 30 Day "Notice of Intent To Revoke", after which they will revoke anyway, no matter how eloquently your attorney responds to it..
Consequently, you need to be very well prepared for your consular visa interview and need to know the contents of your L-1A I-129 inside out!
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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