O-1 Visa - Petition being sent back to USCIS

[610 0]

Hi all,

 

• A bit of context of my process so far:

 

 

I have filled a petition for an O-1 visa. It was initially approved by USCIS and then I attended my embassy interview in London, U.K. At the end of the interview I was informed my petition had gone for administrative processing. I received an email, October 16th, informing me the London embassy will be returning the petition, made on my behalf by my petitioner, to U.S. Department of Homeland Security with a recommendation for revocation.

 

The process now going forward is to wait until USCIS receives the petition back and makes a decision whether to:

1. Find that the petition is not revocable and return the petition to DOS (Department of state) with an explanation of the decision not to revoke the petition;
2. Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,
3. Issue a Notice of Automatic Revocation to the petitioner

 

I believe this process can take 2-3 months for USCIS to receive the returned petition and then up to 6 months or a year for USCIS to make a decision (can anyone correct me on these estimates though as I would rather it be less?) 

 

• My reason for this post and my inquiries:

 

 

Firstly, if USCIS makes the decision of 2 or 3 and my petition is revoked, does this count as being denied a visa? If so what are the consequences of this for me to apply for other possible visas or travel as a tourist to the USA? 

Secondly, my petitioner is unsure they can wait for a decision from USCIS. They have mentioned filing to 'remove' my petition (not sure on the right technical term here). Would this avoid this being classified as being denied a visa?

 

Thanks in advance for any information or answers you can share, I really appreciate any help on this!

 

 

[kris&me 572]

another VJ member had this same thing happen (not a )-1 ) / it was over a year (6 months for packet to come back) and then to fight to win back the visa

did you fulfill all the requirements for the O-1 Visa / the education and special qualifications

 

your visa was not denied / it was revoked / it is harder to prove the revokation was a mistake

for this area you do need to know why / the particular reasons this happened

 you will not get answers from the embassy / the petitioner will receive a letter in about 6 months giving the facts for revokation

you need to start gathering documents

and make sure petitioner is not the one who revoked it 

[610 0]

14 minutes ago, kris&me said:

another VJ member had this same thing happen (not a )-1 ) / it was over a year (6 months for packet to come back) and then to fight to win back the visa

did you fulfill all the requirements for the O-1 Visa / the education and special qualifications

 

your visa was not denied / it was revoked / it is harder to prove the revokation was a mistake

for this area you do need to know why / the particular reasons this happened

 you will not get answers from the embassy / the petitioner will receive a letter in about 6 months giving the facts for revokation

you need to start gathering documents

and make sure petitioner is not the one who revoked it 

Hi @kris&me thanks for your responses. 

 

Do you have a link to the member's posts who had the same thing happened? 

 

Could you explain a little more on what you mean about "proving the revocation was a mistake" - are you referring to if USCIS comes back with a notice of intent to revoke and I have 30 days to appeal, this would be hard to prove?

 

What documents do you recommend I start gathering?

 

I know the petitioner is not the one who revoked it, however, they are thinking they can't wait around for 6 months for an answer. Do you know what my options are for this circumstance? If we have to, can we remove the petition from our side so we don't have to wait 6 months?

 

Thanks!

[jan22 3,053]

2 hours ago, kris&me said:

 

your visa was not denied / it was revoked / it is harder to prove the revokation was a mistake

for this area you do need to know why / the particular reasons this happened

 you will not get answers from the embassy / the petitioner will receive a letter in about 6 months giving the facts for revokation

you need to start gathering documents

and make sure petitioner is not the one who revoked it 

This is not accurate.  Your vIsa was, in fact, denied under Section 221g of the INA.  It is the petition that has been returned for possible revocation. 

[610 0]

3 hours ago, jan22 said:

This is not accurate.  Your vIsa was, in fact, denied under Section 221g of the INA.  It is the petition that has been returned for possible revocation. 

Hi @jan22 thanks for your reply!

 

The letter i received says "your visa application has been refused under Section 221g" to clarify, is an application being refused the same as a visa being denied? I just have heard of people needing to tick a box if they have ever been denied a visa when applying for certain things so just wanted to check what I might need to do in the future. 

 

Also @jan22 do you know whether my application being refused will have an impact if I apply for other visas? I hope it holds some value that my initial application for an O-1 visa was approved. 

 

Thanks!

[jan22 3,053]

45 minutes ago, 610 said:

Hi @jan22 thanks for your reply!

 

The letter i received says "your visa application has been refused under Section 221g" to clarify, is an application being refused the same as a visa being denied? I just have heard of people needing to tick a box if they have ever been denied a visa when applying for certain things so just wanted to check what I might need to do in the future. 

 

Also @jan22 do you know whether my application being refused will have an impact if I apply for other visas? I hope it holds some value that my initial application for an O-1 visa was approved. 

 

Thanks!

Yes, a visa refused =  a visa denied.

 

It depends on why the visa was denied -- if it was just for not meeting the O-1 requirements, it shouldn't effect other categories significantly.  But, I'm confused...you already had an O-1 and this renewal was denied?  If so, that's a different story and may be more serious.  Or, were you referring to the petition when you said your initial application for the O-1 visa was approved?  Those terms (visa and petition) are not interchangeable.