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Posted
4 hours ago, lera16 said:

The MARGARITO RODRIGUEZ TOVAR case was lost, am I right?

He eventually won the case at the Ninth Circuit level (which only covers Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington (state)). His case was for Adjustment of Status so after the denial of that application he faced an Immigration Judge in removal proceedings. He lost there and appealed to the BIA; he also lost at the BIA level. So he then submitted a "Petition for Review of an Order of the Board of Immigration Appeals" to the Ninth Circuit.

 

The other case I mentioned was for consular processing (like your daughter's case) so they sued the Department of State. Veronica Cuthill's daughter (Tatiana Maria Diaz de Junguitu Ullah) lived in the UK so she was applying for an immigrant visa. Mrs. Cuthill won their court case at the US District Court for the District of Connecticut; but the Government appealed that court decision. Then, Mrs. Cuthill also won the case at the Second Circuit level (which only covers Connecticut, New York, and Vermont).

Posted
41 minutes ago, lera16 said:

I wonder if I can convince the nvc with these examples or it can only be done through the courts

In the grand scheme of things they (NVC personnel) are low in the totem pole so they'll just initially follow what the Foreign Affairs Manual says: https://fam.state.gov/fam/09FAM/09FAM050201.html That is why you would have to take the Government to court.

  • 2 years later...
Posted
On 10/25/2021 at 6:19 PM, lera16 said:

never went to court but may have to

lera16 did you ever end up going to court? did you get moved to f1 category or did you get to keep f2a? im in a similar situation and wondering what to do.

 
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