wuyi said:
Hi EricS,
How could INS deny your case without RFE? One of the reason is education, does it mean you have to submit transcript when you file your 140? And INS does not give you a second chance if you forgot to submit that? It does not make sense to me.
gook luck.
Wuyi,
Sorry, I was so busy preparing for the MTR, could not reply earlier.
<<How could INS deny your case without RFE?>>
They are doing so as per Yates Memo. You can read the memo for exact words, but It states that if all the required documents are present, then the officer can deny the case without issuing the RFE. If the docs are missing, then only a RFE will be issued. Bad luck, my lawyer did a very good job of attaching all the docs, just he didn't put any effort to prepare good ones.
<<One of the reason is education, does it mean you have to submit transcript when you file your 140?>>
Depends on the officer. I think if you have a foreign degree, althoug 4 year Engineering, you should attach a education evaluation. In my opinion, if my 140 had met the criteria for 'Ability to Pay', then the officer might have issued a RFE for education eval, but my case was being denied on 'Ability to Pay', so s/he added this one also to the denial.
<<And INS does not give you a second chance if you forgot to submit that?>>
There is a second chance though, filing MTR and appeal (290B). But I think to overcome RFE is easier than denial and you get only 30 days to file it.
Thanks for you good wishes!