If AOS is denied what happens next?
Aug 17th 2005, 2:37 pm
#1
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Thread Starter
Joined: May 2003
Location: Spokane, WA USA
Posts: 105
If AOS is denied what happens next?
Hi everyone!
I have a what if question here.
What if AOS is denied, what happens after that? How soon after denial does spouse have to leave the country?
Angelus and I are sitting here talking and we just thought what if his AOS is denied, we never thought about a denial before, but just realized that it can be denied.
We're still waiting for his interview letter. We applied for AOS in NYC October 2003.
Thanks ahead of time for your replies,
AdiaStar
I have a what if question here.
What if AOS is denied, what happens after that? How soon after denial does spouse have to leave the country?
Angelus and I are sitting here talking and we just thought what if his AOS is denied, we never thought about a denial before, but just realized that it can be denied.
We're still waiting for his interview letter. We applied for AOS in NYC October 2003.
Thanks ahead of time for your replies,
AdiaStar
Aug 17th 2005, 2:42 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: If AOS is denied what happens next?
Originally Posted by AdiaStar
What if AOS is denied, what happens after that?
Ian
Aug 17th 2005, 2:53 pm
#3
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Joined: May 2003
Location: Spokane - WA
Posts: 132
Re: If AOS is denied what happens next?
Originally Posted by ian-mstm
That depends on how he entered the US. If he entered on a visa waiver, there is no appeal process whatsoever. If he entered as a K-1 or K-3 or some other visa, there is an appeal process in place.
Ian
Ian
I came in on a K-1 visa.
Regards
Angelus71
Aug 17th 2005, 2:57 pm
#4
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Joined: Sep 2002
Posts: 16,266
Re: If AOS is denied what happens next?
Originally Posted by AdiaStar
Hi everyone!
I have a what if question here.
What if AOS is denied, what happens after that? How soon after denial does spouse have to leave the country?
Angelus and I are sitting here talking and we just thought what if his AOS is denied, we never thought about a denial before, but just realized that it can be denied.
We're still waiting for his interview letter. We applied for AOS in NYC October 2003.
Thanks ahead of time for your replies,
AdiaStar
I have a what if question here.
What if AOS is denied, what happens after that? How soon after denial does spouse have to leave the country?
Angelus and I are sitting here talking and we just thought what if his AOS is denied, we never thought about a denial before, but just realized that it can be denied.
We're still waiting for his interview letter. We applied for AOS in NYC October 2003.
Thanks ahead of time for your replies,
AdiaStar
If it is denied, then there is really nothing you can do other than reopen or just file again. There is a possiblity you can sue.
In order to enforce your departure [other than a VW entrant], DHS would have to initiate "removal proceedings" before the Immigration Judge. In those proceedings you would have the right to renew your denied application.
Aug 17th 2005, 3:09 pm
#5
Forum Regular
Joined: May 2003
Location: Spokane - WA
Posts: 132
Re: If AOS is denied what happens next?
Originally Posted by Folinskyinla
Hi:
If it is denied, then there is really nothing you can do other than reopen or just file again. There is a possiblity you can sue.
In order to enforce your departure [other than a VW entrant], DHS would have to initiate "removal proceedings" before the Immigration Judge. In those proceedings you would have the right to renew your denied application.
If it is denied, then there is really nothing you can do other than reopen or just file again. There is a possiblity you can sue.
In order to enforce your departure [other than a VW entrant], DHS would have to initiate "removal proceedings" before the Immigration Judge. In those proceedings you would have the right to renew your denied application.
Regards
Angelus71
