In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the new USCIS policy giving immigration officers ample discretion to deny an application or petition filed with USCIS without first issuing a RFE or NOID, suspension of premium processing, fraudulent H-1B schemes, and more.
Beginning September 11, if you do not provide sufficient evidence to establish that you are eligible for the immigration benefit you are requesting, USCIS may exercise their discretion and deny your petition without first issuing a request for evidence or RFE. This new policy applies to all applications and petitions filed after September 11th, with the exception of DACA renewal applications. The decision to deny your application or petition without issuing a RFE or NOID will ultimately be up to the discretion of the officer reviewing your petition. An officer may in his discretion continue to issue a RFE or NOID according to his best judgement.
If you are filing for a change of status or extension of your status, we recommend that you file early, so that you are not out of status in the case that USCIS denies your request for an immigration benefit. This will give you the opportunity to either re-file or to consider changing your status to another visa type. In addition, if you have the ability to apply for premium processing service, you should take advantage of that service.
Suspension of Premium Processing
At the moment premium processing services have been temporary suspended for cap-subject petitions until February 19, 2019, with the exception of cap-exempt petitions filed exclusively at the California Service Center, because the employer is cap-exempt or because the beneficiary will be employed at a qualifying cap exempt institution.
In this episode, Attorney Jacob J. Sapochnick discusses the top 7 reasons why citizenship applications are denied. We outline the top 7 reasons below.
There are several reasons why an N-400 application can be denied. The most common reason an application may be denied is because the applicant failed to meet the minimum requirements of the N-400 application for naturalization. Other reasons may include that the applicant has a bad moral character, an excessive number of absences from the country, a combination of both of these factors, an issue with taxes, child support, etc. It is important to be aware that officers at an immigration interview have a broad range of discretion in deciding whether to approve or deny your application. Always be prepared for potential issues that may arise during your interview.
Top 7 reasons why citizenship applications are denied:
Selective Service: Males between ages 18 and 26 are required to register for the Selective Service. Failure to do so, or to not have a valid reason for not registering for Selective Service may result in a denial
Fraudulently obtaining a green card: Immigration officials scrutinize an individual’s citizenship application very closely. This means that more often than not immigration officials take a careful and detailed look into the applicant’s immigration history including how they obtained their permanent residence and potential red flags in the applicant’s file
Serious Crimes: Committing certain crimes (especially crimes of moral turpitude) can make an individual ineligible for citizenship
Lying: An individual caught lying to an immigration officer will likely be sanctioned by the immigration officer in the form of an immigration violation or worse
Taxes: Individuals owing back taxes are not considered persons of good moral character because they have not abided with the law in paying their taxes. If you owe back taxes your application will likely be denied
Child Support: Similar to the above
English: In order to be eligible for citizenship, the applicant must satisfy the language requirement. Applicants must be able to read, write, speak, and understand the English language, although exemptions exist for certain applicants.
In this video, attorney Jacob J. Sapochnick discusses the adjustment of status interview for permanent residence. What happens when a denial is issued? To hear the answer to this question just keep on watching.
As part of the application process for permanent residence based on marriage, you and your spouse are required to attend an in person interview before your green card may be issued. In this video we focus on the marriage visa interview. So what happens when things go wrong?
Typically couples prepare for the green card interview by bringing all of the necessary documents to verify to the immigration officer that they have a bona fide marriage (such documents may include photographs of the couple together and with friends and family, evidence of joint accounts, evidence of commingling of finances, evidence of cohabitation, and joint responsibility of assets and liabilities). In some cases, however the immigration officer may not be convinced by a couple’s particular situation. The immigration officer sometimes finds issue with something the client said, or there may be some inconsistencies that capture the attention of the immigration officer, etc. In these cases, at the conclusion of the interview the immigration officer will notify the couple that they will not able to make an immediate decision. They will send the couple home and tell them to wait for a decision in the mail. If the couple does not receive an approval notice in the mail within 30 days, what will likely happen is that USCIS will send a notice of intent to deny (NOID). In most cases this notice is issued within 30 days of the green card interview.