Nelson & Nuñez, P.C.
  • HOME
  • ABOUT
  • BLOG
    • IMMIGRATION RESOURCES >
      • Legal Links
      • List of Immigration Website Resources
  • SERVICES
    • Family Based Immigration
    • Employment/Investor Based Services
    • Deportation
    • Other
  • TESTIMONIALS
  • CONTACT
  • FEATURED
    • I-601A Provisional

Consular Processing

Visa Delays, Denials and Appeals

After USCIS has approved the visa petition, I-129F or other type of petition for an alien beneficiary, the consulate in the alien's home country reviews the case and generally conducts an interview with the alien. In some cases, denials or extensive delays may occur.

If the consular officer reviewing the case believes a ground of ineligibility exists for the beneficiary alien, s/he will not issue the visa. (Note: even though USCIS approves a visa petition, the consulate undertakes its own review of the case. The consulate is not required to issue the visa.) If the ground of ineligibility can be overcome by additional evidence, the applicant should be given an opportunity to present the necessary evidence. Generally, the consulate will issue a notice of intent to deny which will describe the basis for the intended denial. The applicant must submit the additional evidence and/or legal brief arguing that the case should be approved within the time deadline. Once an applicant receives a notice of intent to deny, it is important to consult with an experienced immigration attorney, or further delays will likely result.

If the consulate denies the case, it will send the file back to USCIS. If this occurs, extensive delays of nine months or more will inevitably result. However, if the applicant and the attorney act quickly and contact the consulate with evidence refuting the basis for the denial or a legal brief arguing the ineligibility grounds, it is possible to convince the consulate to approve the visa and prevent the file's transfer back to USCIS.

If the consulate still chooses to deny the case, it will send the file back to USCIS with a request to revoke the approved visa petition. It can take several months for the file to travel from the consulate to the National Visa Center to the USCIS service center that approved the visa petition. Severe backlogs, officer reviews and bureaucratic delays are common. Once the file is returned to the USCIS service center, the petitioner is given another opportunity to argue the ineligibility basis. If USCIS agrees with the petitioner, the file will be transferred back to the consulate to schedule another interview. Several more months of delay will likely occur.

If you or a loved one has received a notice of intent to deny or your case has been denied, call 
Nelson & Nuñez, P.C. to schedule a consultation. It is important to act quickly before the case is sent from the consulate back to USCIS, because extensive delays can result once the file is transferred back to USCIS.

< Back to Consular Processing

I RECOMMEND 100% JAY NUNEZ. I have been trying to get my green card for over 4 years now. I spoke to so many immigration officers, and I always got different reasons for the delays. Finally, I decided to get a lawyer. I met with Jay, and we reviewed my case together. He estimated that he should be able to have my case resolved within 2 months or so. After I hired him, he immediately went to work on my case and he contacted many immigration officers and met with them. Three weeks after I hired Jay, my green card was delivered to my house. It was AMAZING how quickly Jay got my case resolved. Thank you SO MUCH, JAY NUNEZ!!!!

- J. Rios

FAMILY BASED SERVICES


N-400 Naturalization Application
I-130 Visa Petition Process
Fiance Visa
I-485 Adjustment of Status
INA 245(i) Adjustment of Status
K-3 Visas
Same Sex Marriage
Visa Interviews at Consulate
Extreme Hardship Waiver
I-601A Provisional Unlawful Presence Waiver
Fraud Waivers
I-751 Removal of Conditions on Green Card
U Visa - Victim of a Crime
T Visa - Human Trafficking Victim
Deferred Action for Childhood Arrivals 
I-730 Form: Petition for Relative Living Abroad
Reinstating Visa Petition Due to Deceased Petitioner
Visa Delays, Denials & Appeals

How Nelson & Nuñez, P.C. Can Help



    Contact Us for Help: Contact us for help with Consular Interviews

Submit

Quick Links

Home
About
Testimonials
Blog
Contact

Services & Information

DACA
Deportation Defense
I-485 Adjustment of Status
I-130 Visa Petition
Domestic Abuse Visa
Fiance Visa
I-601A
Labor Certification/PERM
O-1 Visa
H-1b Visas
E-2 Visa
I-751
N-400 Naturalization
 
Cancellation of Removal
Same Sex Marriage
U Visa
Extreme Hardship Waiver
INA 245(i)

Contact Us

Nelson & Nuñez, P.C.
1500 Quail St., Suite 260
Newport Beach, CA  92600


TEL:  949.833.2616
FAX:  949.851.8954
Join Our Email List
CONTACT
Website Policies and Terms of Use

Copyright 2015   |   All Rights Reserved   |  Nelson & Nuñez, P.C.  |   Website by iTrust Marketing