New policy on RFE's, denials and referal to immigration court
#1
New policy on RFE's, denials and referal to immigration court
Just a heads up.
CIS has changed its policies for when an adjudicator must issue an RFE or Notice of Intent to Deny before denying an application.
In other policy change -- denied adjustments are to be referred to immigration court for removal if the non-citizen applicant is not in lawful status.
That is all.
CIS has changed its policies for when an adjudicator must issue an RFE or Notice of Intent to Deny before denying an application.
In other policy change -- denied adjustments are to be referred to immigration court for removal if the non-citizen applicant is not in lawful status.
That is all.
#2
Forum Regular
Joined: Jan 2009
Location: Conroe, TX
Posts: 78
Re: New policy on RFE's, denials and referal to immigration court
How does beginning the process of adjusting status affect the validity of a non-immigrant visa? If someone's adjustment were to be denied, would they be able to remain for the original validity period of their L-1A visa for example?
#3
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: New policy on RFE's, denials and referal to immigration court
If you have an underlying status that is lawful, no problem at all. Nothing's really changed in this regard -- anyone immigrating should maintain an underlying status at least until their I-485 is submitted. IF the underlying status expires during this process, they switch to 'pending' status automatically. If an I-485 is denied at this point, then it's a problem, but it was a problem before anyways. In either case, you have to leave ASAP. Going forward, it might be sensible for adjustees to make sure their status is extended to a point much further in the future so this scenario can never occur. (Getting Green card applications in sooner rather than leaving it to the final year of non-immigrant status for example).
#5
Re: New policy on RFE's, denials and referal to immigration court
CIS has changed its policies for when an adjudicator must issue an RFE or Notice of Intent to Deny before denying an application.
#8
BE Enthusiast
Joined: Jul 2012
Posts: 574
Re: New policy on RFE's, denials and referal to immigration court
If you have an underlying status that is lawful, no problem at all. Nothing's really changed in this regard -- anyone immigrating should maintain an underlying status at least until their I-485 is submitted. IF the underlying status expires during this process, they switch to 'pending' status automatically. If an I-485 is denied at this point, then it's a problem, but it was a problem before anyways. In either case, you have to leave ASAP. Going forward, it might be sensible for adjustees to make sure their status is extended to a point much further in the future so this scenario can never occur. (Getting Green card applications in sooner rather than leaving it to the final year of non-immigrant status for example).
#9
Re: New policy on RFE's, denials and referal to immigration court
This announcement is a little disturbing because many times it's USCIS themselves that have lost pages or evidence from the file! One could get a hard denial because of USCIS' own incompetence!
Rene
Rene
#11
Conditional Resident
Joined: Apr 2016
Location: IL
Posts: 184
Re: New policy on RFE's, denials and referal to immigration court
I managed to do everything else without a lawyer but we still got an ROE due to the evidence requirements for assets when we filed the original I-485.
I dont think removing conditions will be hard and i have some good evidence but will it all be enough is now a nagging worry at the back of mind. Gunna need more paper to annoy the CO with
Nick