Okay my wife today called the USCIS to find out more about our case, since it's been under review for over a month now after the US Consulate sent it back.
The guy on the phone told my wife they will send a letter soon to explain more about our case.
He was calm and gently she said.
What will I have to expect? is this a good thing or can be a denial?.
I failed the interview in Naples, Italy for I-130. Case put under admin review, after 5 months returned to USCIS for further review.
More information is needed. Based on the facts you have given us here, , one cannot help but conclude that the consulate has recommended to USCIS to revoke its previously approved I-130 petition. The next thing is that the petitioner will get a notice of intent to deny from USCIS, With a 30 day deadline for responding. Better immediately hire an experienced immigration lawyer to deal with this.
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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It would be imprudent for anyone to attempt to answer the question without getting a detailed statement from you on what happened at your interview. An immigration attorney can review exactly what happened, what the denial entailed, and what remedies, if any, exist to solve the issues. The USCIS might be requesting something similar to a waiver, which is very difficult to do without assistance. Reach out to someone in your area soon, so you can explain what happened and get some answers.
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When you are confronted with a situation like that, you would be best advised to hire an immigration attorney as soon as possible.
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Your best bet would be to schedule a consultation with an experienced immigration lawyer immediately.
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Under these facts the realistic conclusion is that your petition was sent back to USCIS with a reommendation that it be revoked. USCIS will eventually get around to issuing a Notice of Intent to Revoke and give your spouse to the opportunity to present evidence as to why the petition should not, in fact, be revoked. This can be very difficult to do and you can expect this process to take 9 to 12 months as these types of cases are not very high priority to the agency.
I recommend that you and your wife consult with an experienced immigration attorney who can review the facts of your case, what happened during your consular interview, and recommend an appropriate course of action. Many immigration attorneys will conduct consultations via telephone and/or Skype for clients outside their local area.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
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