Can i petition a denial of dv visa application
Potentially, but there is an enormous hurdle overcoming the doctrine of "consular nonreviewabilty" in the Federal Courts.
Pasadena, CA
Immigration Lawyer at Pasadena, CA
Practice Areas: Immigration
Potentially, but there is an enormous hurdle overcoming the doctrine of "consular nonreviewabilty" in the Federal Courts.
These questions are quite complicated, warranting a consultation with an immigration attorney from your end before making any decisions.
The premium processing time frame applies to the time USCIS should take for adjudication, not necessarily withdrawal and denial.
Generally, you need not be in the US when the I-140 is filed.
You may have a serious problem with this strategy if the petition was cap-subject and is denied.
Unless you intend to be domiciled in India yourself, you are looking at either a K-1 fiancee visa and adjustment of status after marriage in the US...
You need to find a US based employer to file an immigrant visa petition on your behalf, among many other requirements.
This would be an unusual arrangement, so you could expect a great deal of questioning regarding the bona fides of your marriage.
You can work for whomever with your OPT at present. The new employer could also petition for you to work for them starting in October under H-1B...
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It is much harder to change after an interview. Any material omissions or misrepresentation can give rise to inadmissibility due to fraud.