Other: Your case is being returned

[sandraahmed 0]

This box was checked Other: Your case is being returned to USCIS for further adjudication. What does further adjudication mean? Does this mean his visa was denied or does this mean Administrative Process or Administrative Review?

[Miss smarty pants 84]

This box was checked Other: Your case is being returned to USCIS for further adjudication. What does further adjudication mean? Does this mean his visa was denied or does this mean Administrative Process or Administrative Review?

Mine said the same....also from Morocco. It means the consulate is refusing to issue the visa and USCIS has the final decision. Can take a really long time.

[Teffah 5]

Mine said the same....also from Morocco. It means the consulate is refusing to issue the visa and USCIS has the final decision. Can take a really long time.

Once the petitiong is back to the USCIS, they can approved the petition again and send it to Casablanca where your husband/finace would have another interview... and yes from what I heard it can take quite awhile.

[JimVaPhuong 4,863]

This box was checked Other: Your case is being returned to USCIS for further adjudication. What does further adjudication mean? Does this mean his visa was denied or does this mean Administrative Process or Administrative Review?

When a consulate sends a petition back to USCIS it means that the visa was denied. It usually also means that the consulate is recommending that the approval of the petition be revoked. If USCIS disagrees with the consulate then the petition will be reaffirmed, and sent back to the consulate for a second interview. If USCIS agrees with the consulate then the petition approval will be revoked. It's also possible that USCIS will simply allow the petition approval to expire without making any decision on it.

[sandraahmed 0]

When a consulate sends a petition back to USCIS it means that the visa was denied. It usually also means that the consulate is recommending that the approval of the petition be revoked. If USCIS disagrees with the consulate then the petition will be reaffirmed, and sent back to the consulate for a second interview. If USCIS agrees with the consulate then the petition approval will be revoked. It's also possible that USCIS will simply allow the petition approval to expire without making any decision on it.

Thank you, Will I be notified that the petition approval is revoked or expired? The petition was received at uscis, March 31, 2009, i was told to wait 6 months. I called back Sept 2009 to inquire. I recieved an email that says, "The processing of your case has been delayed. Your case is not yet ready for decision as the required security checks remain pending." Also to check back in 6 months. What is your opinion about that???? thank you

[sandraahmed 0]

Mine said the same....also from Morocco. It means the consulate is refusing to issue the visa and USCIS has the final decision. Can take a really long time.

Thanks, I wonder why the consulate would refuse the visa, the interviewer really did seem to be mean to ahmed

[sandraahmed 0]

Once the petitiong is back to the USCIS, they can approved the petition again and send it to Casablanca where your husband/finace would have another interview... and yes from what I heard it can take quite awhile.

I hope your experience is different.

[LEX355 0]

we were on AP for 2 years b/4 we recieved a letter that time elapsed and case was closed and we were told to refile..keep calling them ...

[JimVaPhuong 4,863]

Thank you, Will I be notified that the petition approval is revoked or expired? The petition was received at uscis, March 31, 2009, i was told to wait 6 months. I called back Sept 2009 to inquire. I recieved an email that says, "The processing of your case has been delayed. Your case is not yet ready for decision as the required security checks remain pending." Also to check back in 6 months. What is your opinion about that???? thank you

You should receive a notice of their decision. Stay on top of them anyway, since they sometimes don't send the notice.

The response you got from them is interesting. I'm not sure why USCIS would need to run additional security checks. Was the visa originally denied because your fiance failed a security check? If so, perhaps USCIS is trying to confirm the consulate's finding. If not, maybe USCIS is repeating their own security checks because it's been more than a year since they ran the checks the first time. If that's the case, then I would think they are planning on reaffirming the petition approval. If they intended to agree with the consulate and revoke the petition approval, I don't think additional security checks would be needed.

On the other hand, it could be a typical clueless response from a USCIS keyboard monkey...

[rodrigoandjanie 1]

Same thing happened to me but my fiancee and I called the congressman's office and his assistant emailed the consulate asking them to review the case because it's a real relationship and they agreed to review the case and asked us to send evidences such as photos, emails, so it changed from "returning to USCIS" to "AP" but it's been 2 months already and so far, no answer from our case. I wish they'd just give an answer soon...even if it's a bad one, at least my fiancee and i could go on a plan B

but yeah, maybe you should contact your congressman so he/she can contact the consulate and ask them to review the case...but that needs to happen BEFORE they send the case back...then they might agree to review the case.

[minatours 0]

This box was checked Other: Your case is being returned to USCIS for further adjudication. What does further adjudication mean? Does this mean his visa was denied or does this mean Administrative Process or Administrative Review?

I am so sorry cause you had to go through this is . returend to usa means the consular officer has wrote a memo to recommend revoking your petition and sent the petition and the memo to uscis for revoktion but usually before the case rearch the ussic in usa it expires so you may file again good luck

[JimVaPhuong 4,863]

I am so sorry cause you had to go through this is . returend to usa means the consular officer has wrote a memo to recommend revoking your petition and sent the petition and the memo to uscis for revoktion but usually before the case rearch the ussic in usa it expires so you may file again good luck

Either the consulate or USCIS can keep the petition open. The California Service Center has been allowing returned petitions to expire without reviewing them, but the Vermont Service Center has been reviewing returned petitions. Unless you receive a notice from USCIS that the petition has expired without review, then it's risky to presume you can go ahead and file another petition. If the consulate denied the visa because they believe the relationship is a sham for the purpose of immigration, then there is an accusation of misrepresentation against the beneficiary. If USCIS ultimately decides to agree with the consulate and revoke the petition approval, they should send a notice to the petitioner, giving the petitioner an opportunity to appeal the decision. If the petitioner ignores this notice, thinking they are ok since they already filed a second petition, then the accusation becomes a finding of fact - as far as USCIS and the consulate are concerned, the beneficiary is guilty of misrepresentation, carrying a possible lifetime ban from the US. By this time, the second petition may already have been approved and sent to the consulate. The beneficiary might not find out about the ban until they show up for their second interview.

The lesson is to always follow through and find out what happened to the first petition. If USCIS decides to revoke the petition approval, then be sure to file an appeal with evidence. Ignoring it can be a costly mistake.

[MRStee 19]

Either the consulate or USCIS can keep the petition open. The California Service Center has been allowing returned petitions to expire without reviewing them, but the Vermont Service Center has been reviewing returned petitions. Unless you receive a notice from USCIS that the petition has expired without review, then it's risky to presume you can go ahead and file another petition. If the consulate denied the visa because they believe the relationship is a sham for the purpose of immigration, then there is an accusation of misrepresentation against the beneficiary. If USCIS ultimately decides to agree with the consulate and revoke the petition approval, they should send a notice to the petitioner, giving the petitioner an opportunity to appeal the decision. If the petitioner ignores this notice, thinking they are ok since they already filed a second petition, then the accusation becomes a finding of fact - as far as USCIS and the consulate are concerned, the beneficiary is guilty of misrepresentation, carrying a possible lifetime ban from the US. By this time, the second petition may already have been approved and sent to the consulate. The beneficiary might not find out about the ban until they show up for their second interview.

The lesson is to always follow through and find out what happened to the first petition. If USCIS decides to revoke the petition approval, then be sure to file an appeal with evidence. Ignoring it can be a costly mistake.

you always give good advice! thank you. you also make it easy to understand i appreciate you

[sandraahmed 0]

Either the consulate or USCIS can keep the petition open. The California Service Center has been allowing returned petitions to expire without reviewing them, but the Vermont Service Center has been reviewing returned petitions. Unless you receive a notice from USCIS that the petition has expired without review, then it's risky to presume you can go ahead and file another petition. If the consulate denied the visa because they believe the relationship is a sham for the purpose of immigration, then there is an accusation of misrepresentation against the beneficiary. If USCIS ultimately decides to agree with the consulate and revoke the petition approval, they should send a notice to the petitioner, giving the petitioner an opportunity to appeal the decision. If the petitioner ignores this notice, thinking they are ok since they already filed a second petition, then the accusation becomes a finding of fact - as far as USCIS and the consulate are concerned, the beneficiary is guilty of misrepresentation, carrying a possible lifetime ban from the US. By this time, the second petition may already have been approved and sent to the consulate. The beneficiary might not find out about the ban until they show up for their second interview.

The lesson is to always follow through and find out what happened to the first petition. If USCIS decides to revoke the petition approval, then be sure to file an appeal with evidence. Ignoring it can be a costly mistake.

Thank you so much for the information. I had trouble finding this again; I have a question. Has my petition expired? It says on the the I-797, NOA, Notice Type: Approval Notice Valid from 12/06/2008 to 04/06/2009? Is it possible that USCIS has kept the petition open? I have not received a notice from USCIS that the petition has expired without review. Neither have I received a notice from USCIS to revoke the petition approval. Thank you so much

[marie_yahya 11]

Thank you, Will I be notified that the petition approval is revoked or expired? The petition was received at uscis, March 31, 2009, i was told to wait 6 months. I called back Sept 2009 to inquire. I recieved an email that says, "The processing of your case has been delayed. Your case is not yet ready for decision as the required security checks remain pending." Also to check back in 6 months. What is your opinion about that???? thank you

hi sandra,

i am going to tell you what to do ok. my fiances and my case is being sent back but by the time they give you an answer it will be like a year or more you should just go get married and then refile...there is a k3 and CR1 i am doing CR1 cos when your fiance comes you dont have to do adjustment of status but with a k3 you do all that when he comes... dont give up .. i am leaving in february and i will show the embassy that this is not a real love or relationship we have been together for 4yrs and they dont give us a visa so just hang in there and dont wait make your life with your fiance'e now God bless you...Inshaallah