Does INS has a right to deny I-140 outrightly without issuing RFE ? Is there any case where INS denied on filing I140 petition. ? If yes, can we appeal for denial.
Thanks,
They can outrightly deny the petition without sending an RFE if they are conviced that even a perfect reply to RFE will not change material facts about the case. But, usually, they send RFE before making any decision.
But I\'ve never seen it. The worst I\'ve seen is a letter of intent to deny without an RFE. I\'ve also seen 2 RFEs and then a letter of intent to deny.
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