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CP interview question

kokoyelb

Registered Users (C)
Will they cancel any US visa in our passports during the interview? and what about if we should wait for the FBI clearance?

Thanks
 
If it is a non-immigrant visa - yes, they will most likely cancel it without prejudice. If is a dual-intent visa (H1, L1), and you still need it because the case is pending, you should ask for it not to be cancelled.
 
I have a valid F1 visa, , ,,, so if I go to the interview and and then if I have to wait for the FBI clearance , does this mean that I will not be able to go back to US again,?
 
most likely. Since you exhibited immigrant intent, the consular officer cannot allow you to come back to the US with a non-immigrant visa.
 
I have a valid F1 visa, , ,,, so if I go to the interview and and then if I have to wait for the FBI clearance , does this mean that I will not be able to go back to US again,?

why don't you do AOS , then you wont need to leave the US . it will save you a lot of trouble if you just do AOS. from what I heard if you are already here, AOS is safer then CP.
 
LucyMO

Well yes it does take longer but it is safer if you do not have a very high number in the DV lottery. This person is concerned about coming back to the states. Everyone that I know with this kind of dilemma of choosing between AOS or CP believe that they are more strict in consulates, but USCIS do not revoke visas that easily. Unless ofcourse the obvious which is Out of Status - illegal entry - criminal felony, etc. The applicant has to decide whats more important for them, return to their home country and do CP at risk of not ever coming back or staying in US and waiting for AOS interview and have a peace of mind that even if things go wrong they still are in the US and there are other ways to acquire permanent residentship.
 
USCIS do not revoke visas that easily.
As far as I know USCIS cannot revoke a visa since they don't issue them. However, USCIS can rid a person of their non-immigrant status just as easily as a consulate can cancel their visa.

Unless ofcourse the obvious which is Out of Status
obviously, a person out of status CANNOT adjust status unless they are an immediate relative of a USC. They also may be barred from getting an immigrant visa.

- illegal entry
cannot adjust status, same thing as above

- criminal felony, etc.
most likely generally inadmissible
 
As far as I know USCIS cannot revoke a visa since they don't issue them. However, USCIS can rid a person of their non-immigrant status just as easily as a consulate can cancel their visa.
USCIS does not issue visa, but they do change of status. In this case person can stay in the US on "change of status" documents, but you might also know, if person goes back, it is not easy to get a visa. It's easier to change the status or extend the visa in US. USCIS of course can cancel visa, but they dont do it on a whim. They have to prove that this person has violated his alien status while in US (on grounds of out of status-unauthorized employment-criminal record-etc) and then they can revoke a visa and issue deportation orders.

Bottomline, if the person has no reason to believe that his Adjustment of Status by the USCIS will be denied on any grounds then they should do AOS. If their DV number is too high and they do not want to take a chance waiting for number to get current and then apply for AOS and go through the AOS processing time, then CP is their option. Ofcourse CP comes with the risk of exiting US and chance of not coming back.
 
Cindy is correct - while USCIS can cancel a visa, they rarely do so in DV cases. In fact, if you read the regulations you will see that you can continue on your non-immigrant status if denied DV, but only if you do not work using the interim DV work authority.
 
In this case person can stay in the US on "change of status" documents, but you might also know, if person goes back, it is not easy to get a visa.
good luck proving non-immigrant intent when trying to extend or change your status in the US AFTER you have applied for immigration. That's it, folks.
 
LucyMO
That wasn't my point,i meant its easier to change status in US in general, then to get a visa in home country. my point was that if applicant doesn't get a green card approved, then consulate will most likely revoke visa, but USCIS won't do it that easily, not that they cant, but they are just more lenient then consulates, thats why i brought the "change of status" example.
 
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