My case has been pending in administrative processing for 8 weeks. During my interview, I was told I didn’t have the right police certificate for my type of visa. Note that I have no criminal record and I’ve never arrested. They’ve asked me to sent the right document in with my passport, which I did. I just saw that my case has been sent back to NVC. Am I being denied?
No doubt it is being sent back for a revocation. Typically it will sit until the visa expires automatically 4 months after it was approved, and you will have to start from scratch. See your congressman to try to find out what happened.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
The government probably sent the petition back to be revoked.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. 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.
It is difficult to determine without having more information. Based on what you have stated it sounds like you had 4 months to provide the correct police certificate and you did not. Therefore the file was sent back to the NVC to be revoked. You may have an opportunity to reopen the file or you may be required to refile.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For additional discussion regarding your personal situation a scheduled consultation is required.
The US consulate in all likelihood sent the previously approved I-129/F petition back to USCIS with a recommendation that it be "revoked" - for reason/s you will learn once USCIS issues a 33 day response time "Notice of Intent to Revoke" to the Petitioner.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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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