if AOS denied during interview..

[mymarley 14]

hi this is just part of my curiousity... what if the AOs interview get denied during face to face with the consul...is there really a thing like deportation will happen...is that really happening?

[Pitaya 2,577]

Likely a good time to promptly retain the services of a competent immigration lawyer.

[southcoast 27]

Consuls don't conduct AOS interviews. Consuls conduct interviews overseas. If he was denied AOS it was here in the US. If denied they will typically just shelve the case although you can ask for a referral to an IJ as he has appellate jurisdiction (assuming that the underlying 1-130 was granted). Typically they grant them for reason and it may be better just to file anew when there is more to support the application. If the I-130 was denied you want to read the decision carefully because a finding of fraud can come back to haunt you.

[Ian H. 207]

No you would have to see an IJ for that. And they wouldn't just grab you there in the middle of the office and detain you, I think that only happens in movies. If they do that, it may only be if they discover concrete fraud. I know a guy who has been here illegally for 20+ years on a tourist visa, and he was denied AOS via his ex wife. This was like 10 years ago, and he's still here.

[Harpa Timsah 13,258]

I have heard of people being arrested at AOS interviews. Exceedingly rare, but possible.

Why do you think you will be denied?

[mymarley 14]

thanks for all the replies..everything was just part of my curiousity..its not really applicable to me coz im a k1 visa holder and married...

[Pitaya 2,577]

thanks for all the replies..everything was just part of my curiousity..its not really applicable to me coz im a k1 visa holder and married...

"Former K1 visa holder," your one-time, one-way K1 visa was cancelled as soon as you entered the US at your POE.

Good luck on your immigration journey.

[mymarley 14]

Yeah were waiting to my aos update.. My ead just approved today.... Im just really curious about that its because my friend entered US under b1 b2 visa.. First time to visit here... But told me she gona married her fiance and file aos here.... I dont know what will happen to her...

[nobbie 105]

Sounds a bit like visa fraud.