How do you appeal a Consular Officer's decision after denial?

[mandyt 0]

Hey guys,

I am now trying to find out how do you go about appealing a Consular Officer's decision after you were denied a visa?

Thanks!!

[moroccogirlny 100]

You would have to wait for the case to come back to USCIS and they will review it. Then they can either issue you a NOID, which you can rebute, or they can close the case. You can appeal the case if they actually deny it, but that could take years and lots of money. You would be better off re-filing. Here's a fact sheet on returned petitions Revocations

Also they can re-affirm the case with/without more evidence.

Edited January 5, 2011 by moroccogirlny

[YuAndDan 153]

Moving this to the "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum.

[mandyt 0]

You would have to wait for the case to come back to USCIS and they will review it. Then they can either issue you a NOID, which you can rebute, or they can close the case. You can appeal the case if they actually deny it, but that could take years and lots of money. You would be better off re-filing. Here's a fact sheet on returned petitions Revocations

Also they can re-affirm the case with/without more evidence.

Thanks for your response.

Moving this to the "Waivers (I-601 and I-212) and Administrative Processes (221g)" forum.

How do I follow you to the new site.

[YuAndDan 153]

Thanks for your response.

How do I follow you to the new site.

You just did.

[NigeriaorBust 4,087]

what kind of visa were you denied ?

[Used to be broken 147]

Hey guys,

I am now trying to find out how do you go about appealing a Consular Officer's decision after you were denied a visa?

Thanks!!

Generally No. There is a class action suit going on right now and the government generally subscribes to the "doctrine of non-reviewability" in Consular decisions.

I looked at some of your previous posts, it gets a bit confusing. Not sure what VISA you were denied. However if this is the step-child matter I strongly suggest you contact Carl Shusterman. He is a wiz kid in odd ball Immigration scenarios.

[ATPEACE 43]

Generally No. There is a class action suit going on right now and the government generally subscribes to the "doctrine of non-reviewability" in Consular decisions.

I looked at some of your previous posts, it gets a bit confusing. Not sure what VISA you were denied. However if this is the step-child matter I strongly suggest you contact Carl Shusterman. He is a wiz kid in odd ball Immigration scenarios.

The OP is the step-child now, as of the results from the DNA. But, the OP is an adult, who wasn't aware that the DNA would give this findings.

[mandyt 0]

what kind of visa were you denied ?

It was the family based petition. It all happened after a DNA Test. It was negative. The problem is that her now stepfather was actually married to her mother when she was 9 years old, later divorced and then he remarried an US Citizen. They have always maintained their relationship because they always thought that they were biologically related.

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

So we were just wondering how is this appealed? Can it actually be fixed?

Thanks again guys.

[portbar 2]

USCIS will Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

Issue a Notice of Automatic Revocation to the petitioner. Your attorney can send a rebuttal letter and if USCIS agreed with the case presented will send it back to the National visa Center for processing.