Notice of Intent to Revoke

[albania 0]

Hi, I have gotten 3 NOIR's so far on my i130?

is this normal? and does every petition sent back from the US consular officers get a NOIR from USCIS? Is this standard? What are the chances of it getting approved and not revoked? its been a year of them sending NOIR's and asking for the same documents over and over again.

[JimVaPhuong 4,863]

Hi, I have gotten 3 NOIR's so far on my i130?

is this normal? and does every petition sent back from the US consular officers get a NOIR from USCIS? Is this standard? What are the chances of it getting approved and not revoked? its been a year of them sending NOIR's and asking for the same documents over and over again.

Did you respond to any of them? The NOIR is your notice that you have one final chance to keep them from revoking the approval of your petition. If you don't respond adequately then they'll revoke the approval, and any accusations made by the consulate will become facts.

Who were you petitioning for, and why did the consulate send the petition back to USCIS?

[albania 0]

Did you respond to any of them? The NOIR is your notice that you have one final chance to keep them from revoking the approval of your petition. If you don't respond adequately then they'll revoke the approval, and any accusations made by the consulate will become facts.

Who were you petitioning for, and why did the consulate send the petition back to USCIS?

i responded to 2 of them. i am going to respond to this third one, also. i just dont understand why they keep sending them even after i responded, asking for the same documents etc, that we have responded to already. anyways, i am petitioning for my daughter, she is adopted by me and my husband, but she is a family member. so they are saying that she has lived with her biological parents the whole time, and hasnt lived the required 2 consecutive years with us, which is false because she has lived nearly 7 years with us, and went to school in our neighborhood, and has always been with us these last 7 years. they are asking for a timeline of where me and my husband have lived, and where my daughter has lived all this time, and also where her biological parents have lived. i just wanted to know the chances of petition getting approved, based on what i have said about my case.

[JimVaPhuong 4,863]

i responded to 2 of them. i am going to respond to this third one, also. i just dont understand why they keep sending them even after i responded, asking for the same documents etc, that we have responded to already. anyways, i am petitioning for my daughter, she is adopted by me and my husband, but she is a family member. so they are saying that she has lived with her biological parents the whole time, and hasnt lived the required 2 consecutive years with us, which is false because she has lived nearly 7 years with us, and went to school in our neighborhood, and has always been with us these last 7 years. they are asking for a timeline of where me and my husband have lived, and where my daughter has lived all this time, and also where her biological parents have lived. i just wanted to know the chances of petition getting approved, based on what i have said about my case.

Was the child adopted in a Hague Convention country? Did you use an accredited adoption agency? Are the biological parents (either of them) still alive?

Immigration for adopted children is complicated. The consulate has apparently already rejected your daughter's visa application, and USCIS apparently agrees because they're intent on revoking the approval of your petition. I think it's time to get a very good immigration lawyer to help you.

[albania 0]

Was the child adopted in a Hague Convention country? Did you use an accredited adoption agency? Are the biological parents (either of them) still alive?

Immigration for adopted children is complicated. The consulate has apparently already rejected your daughter's visa application, and USCIS apparently agrees because they're intent on revoking the approval of your petition. I think it's time to get a very good immigration lawyer to help you.

Yes, both parents are alive. That's really the only thing they are using against us. Saying the relationship between the biological parents was never affected by the adoption and the adoption was only done for immigration reasons. We have a lawyer and he's supposedly one of the best around here, but I don't know about that. And he doesn't even have a back up plan for us if the petition is denied.

[JimVaPhuong 4,863]

Yes, both parents are alive. That's really the only thing they are using against us. Saying the relationship between the biological parents was never affected by the adoption and the adoption was only done for immigration reasons. We have a lawyer and he's supposedly one of the best around here, but I don't know about that. And he doesn't even have a back up plan for us if the petition is denied.

There is no "backup plan". If the approval of the petition is revoked then you can file an appeal. That costs extra money, and you have to demonstrate either that USCIS clearly erred or that you have new evidence that you believe would change their decision. When the appeals process within DHS is exhausted then you're next option is a civil suit in a federal court.

If your lawyer is as good as you say then they should have advised you that getting an immigrant visa for an adopted child is nearly impossible if either of the biological parents is still alive. The exception would be if the biological parent is incapable of caring for the child and their parental rights have been revoked. Even this exemption wouldn't exist if it weren't for the fact that someone who immigrates through adoption will never be eligible to petition for their biological parents. The law practically mandates that the child must be an orphan.

If the biological parents simply put the child up for adoption then it's very unlikely you'll ever get a visa for the child.

[albania 0]

There is no "backup plan". If the approval of the petition is revoked then you can file an appeal. That costs extra money, and you have to demonstrate either that USCIS clearly erred or that you have new evidence that you believe would change their decision. When the appeals process within DHS is exhausted then you're next option is a civil suit in a federal court.

If your lawyer is as good as you say then they should have advised you that getting an immigrant visa for an adopted child is nearly impossible if either of the biological parents is still alive. The exception would be if the biological parent is incapable of caring for the child and their parental rights have been revoked. Even this exemption wouldn't exist if it weren't for the fact that someone who immigrates through adoption will never be eligible to petition for their biological parents. The law practically mandates that the child must be an orphan.

If the biological parents simply put the child up for adoption then it's very unlikely you'll ever get a visa for the child.

Ok, it is a little more complicated than that because the child has been to America with their biological parents.She lived there from age 6 to 17. The biological parents are U.S. citizens but prior to them getting permanent residency, we adopted her and the adoption got approved. She got a voluntary departure at age 11, but we did not send her back until age 17 when it was time for her visa interview, where she was denied her visa, because the consular officer believed ties between the biological parents were unaffected and that she did not live with us for the required 2 year minimum for it to be considered a real and legal adoption. I did not want to include this other information because I was just looking for a more basic answer, like timeline of NOIR's, chances of it getting approved, etc.

[JimVaPhuong 4,863]

Ok, it is a little more complicated than that because the child has been to America with their biological parents.She lived there from age 6 to 17. The biological parents are U.S. citizens but prior to them getting permanent residency, we adopted her and the adoption got approved. She got a voluntary departure at age 11, but we did not send her back until age 17 when it was time for her visa interview, where she was denied her visa, because the consular officer believed ties between the biological parents were unaffected and that she did not live with us for the required 2 year minimum for it to be considered a real and legal adoption. I did not want to include this other information because I was just looking for a more basic answer, like timeline of NOIR's, chances of it getting approved, etc.

The timeline for a decision after responding to a NOIR can be weeks, months, or years. The chances of it getting approved depend on all of the circumstances. If you give basic information then you'll get basic answers, which are often not very useful, and can often be wrong, depending on the untold details.

Why did she get a voluntary departure? Was she placed in removal proceedings? Did you know you could have filed for adjustment of status to stop her removal proceedings if she met the requirements for an adopted child at the time?

It sounds like the consular officer believed that the adoption was a set-up to try to get status for the child. It also sounds like USCIS concurs with the consular officer's conclusions. The fact that you ignored the voluntary departure and kept her here illegally for six years doesn't help make your case. Did her biological parents maintain contact with her while she was here? If so then that would also work against making a case that the adoption wasn't for the purpose of evading immigration law.

I'm really not sure what to tell you, but your case is in serious trouble. Maybe you should consult with some other immigration lawyers.

[albania 0]

I GOT REAPPROVED!!

After 1 year and 3 months :DDDDDD

ughh im so happy!!

[JimVaPhuong 4,863]

I GOT REAPPROVED!!

After 1 year and 3 months :DDDDDD

ughh im so happy!!

Congrats! Now you have to deal with the consulate again.

[Gigli2008 70]

Ok, it is a little more complicated than that because the child has been to America with their biological parents.She lived there from age 6 to 17. The biological parents are U.S. citizens but prior to them getting permanent residency, we adopted her and the adoption got approved. She got a voluntary departure at age 11, but we did not send her back until age 17 when it was time for her visa interview, where she was denied her visa, because the consular officer believed ties between the biological parents were unaffected and that she did not live with us for the required 2 year minimum for it to be considered a real and legal adoption. I did not want to include this other information because I was just looking for a more basic answer, like timeline of NOIR's, chances of it getting approved, etc.

You say the biological parents are now US Citizens. It looks like the USCIS is not agreeable with the adoption, so shouldn't the biological parents then petition for her instead? You have a way out here, If you cannot petition for her, then they should.

[JimVaPhuong 4,863]

You say the biological parents are now US Citizens. It looks like the USCIS is not agreeable with the adoption, so shouldn't the biological parents then petition for her instead? You have a way out here, If you cannot petition for her, then they should.

Not necessarily. There's a Catch 22 here. The biological parents are no longer the legal parents of the children because of the adoption, but the consulate determined the adoption didn't meet the requirements for the adoptive parents to obtain an immigrant visa for the child.

Immigration law is clear that adoption severs the family relationship between the adopted child and the biological family. Adopted children cannot petition for their biological parents or siblings, and biological parents cannot petition for their children that have been adopted by someone else. In order for the biological parents to be able to petition for the children they would need to establish that:

1. No immigration benefits were obtained or conferred through the adoptive relationship.

2. A parent/child relationship once existed between the child and the biological parent.

3. The adoption has been legally terminated by applicable law.

4. The natural relationship between the child and biological parent has been reestablished by law.

[albania 0]

Yes, what JimVaPhuong said. It is a catch 22.

The only period which the adoption could have been reversed was within the first two years since its legalization, for reasons like abuse, etc.

But the petition has been reapproved like I said prior, which is a step in the right direction. We are now waiting for an interview date, but that will be a while. The embassy has not yet received the reapproval letter from USCIS, so I sense there will be a bit of a wait. It is worth it ,though, if we can bring our daughter back home.