Decision cannot be made

M

martin307

Registered Users (C)
My friend called me about 20 minutes ago. He was just interviewed by the same officer who interviewed me earlier. The officer asked for his I-20 and transcipts from collage. At one point, my friend drop a course, and his hours for that semeter became below a full time load. Therefores, Out-of-Status. But he re-instated by leaving and coming back into the US. The officer wasn't happy about that. He said nothing and handed my friend the letter saying Decision cannot be made...

P.S. my friend was also questioned regarding his specialty, and wheather if his job was considered "professional". :confused:
 
martin307 said:
My friend called me about 20 minutes ago. He was just interviewed by the same officer who interviewed me earlier. The officer asked for his I-20 and transcipts from collage. At one point, my friend drop a course, and his hours for that semeter became below a full time load. Therefores, Out-of-Status. But he re-instated by leaving and coming back into the US. The officer wasn't happy about that. He said nothing and handed my friend the letter saying Decision cannot be made...

P.S. my friend was also questioned regarding his specialty, and wheather if his job was considered "professional". :confused:
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martin307,
This is so typical of DOA, they try to hassle as much as possible. They make us feel like they are just giving it away for free. They don’t realize people go through much struggles to wait five years without counting all the previous years before GC. I just can’t believe they ask you for I-20 now. They should have done/asked all those eligibility questions before when they issue the GC. If you pass that stage and pay tax and keep your personal record clean, I don’t think they should treat us like that.

I had the similar situation and got that “decision can’t be make this letter” but I believe your friend should be okay at the end. Just ask him to be patience for a while, I had the interview on April 11th and I am still waiting for the Oath letter. I am also crossing fingers, you might want ask your friends to go speak to Senators offices. They seem to be the one who the DOA can listen. Good luck to all of us.

Reader2000
 
Reader2000 said:
martin307,
This is so typical of DOA, they try to hassle as much as possible. They make us feel like they are just giving it away for free. They don’t realize people go through much struggles to wait five years without counting all the previous years before GC. I just can’t believe they ask you for I-20 now. They should have done/asked all those eligibility questions before when they issue the GC. If you pass that stage and pay tax and keep your personal record clean, I don’t think they should treat us like that.

I had the similar situation and got that “decision can’t be make this letter” but I believe your friend should be okay at the end. Just ask him to be patience for a while, I had the interview on April 11th and I am still waiting for the Oath letter. I am also crossing fingers, you might want ask your friends to go speak to Senators offices. They seem to be the one who the DOA can listen. Good luck to all of us.

Reader2000
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the citizenship interview officer has reasons to review in details if his friend was out of status. it was hard to just go thru all paper work at the time of interview to determine if he was out of status or not.

don't take it personally, and they are just doing their job. also, reader2000, sorry for your bad experiences but i read your post before, and i did not feel the interview officer was doing anything wrong at all.
 
Reader2000 said:
martin307,
This is so typical of DOA, they try to hassle as much as possible. They make us feel like they are just giving it away for free. They don’t realize people go through much struggles to wait five years without counting all the previous years before GC. I just can’t believe they ask you for I-20 now. They should have done/asked all those eligibility questions before when they issue the GC. If you pass that stage and pay tax and keep your personal record clean, I don’t think they should treat us like that.

I had the similar situation and got that “decision can’t be make this letter” but I believe your friend should be okay at the end. Just ask him to be patience for a while, I had the interview on April 11th and I am still waiting for the Oath letter. I am also crossing fingers, you might want ask your friends to go speak to Senators offices. They seem to be the one who the DOA can listen. Good luck to all of us.

Reader2000
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He doesn't want to talk now, but he said he is ready to get a lawyer. :(
 
martin307 said:
He doesn't want to talk now, but he said he is ready to get a lawyer. :(
Click to expand...

before your friend throws $$ to hire a lawyer, the USCIS has the right not to make the decision at the time of interview. However, if 120 days after the interview, and they cannot provide a decision, regarding it is the FBI name check pending or the lazy interview officer did not do the job, then your friend should hire the lawyer to deal with it. before that time comes, i am not sure if USCIS would give you any answers other than, "the officer is reviewing it now" typical answer thou.

however, per your friend's job title, i am sure he has enough $$ to throw out for a lawyer in an early stage :)

good luck to him
 
martin307 said:
He is an IT mgr, develop manufacturing software.
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if IT mgr can't be classified as a "professional / skilled worker", i do not know what else in IT field could be classified as it thou.

weird interview :(
 
ocworker said:
if IT mgr can't be classified as a "professional / skilled worker", i do not know what else in IT field could be classified as it thou.

weird interview :(
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Actually I don't know if that is hurting my friend: when his employer did his H-1 or Labor cert. (I'm not sure which one), the prevailing wage required was a lot more than what the employer would like to pay. The company then change my friend to a E36, so that they can pay him a lot less money but still got the H-1 or Labor cert. approved.
 
martin307 said:
Actually I don't know if that is hurting my friend: when his employer did his H-1 or Labor cert. (I'm not sure which one), the prevailing wage required was a lot more than what the employer would like to pay. The company then change my friend to a E36, so that they can pay him a lot less money but still got the H-1 or Labor cert. approved.
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well.. it could be one of the reasons.

:(
 
Status issues

I thought all the status issues will be dealt with at
the I-485 stage. So, does this mean that USCIS can
deny a citizenship application based on out-of-status
issues when the applicant was on an F-1 visa? if so,
what happens to the GC then?

This is something I have never heard of (I mean going
back to 'status' issues)...

Any comments anyone?

Srini
 
va1234 said:
I thought all the status issues will be dealt with at
the I-485 stage. So, does this mean that USCIS can
deny a citizenship application based on out-of-status
issues when the applicant was on an F-1 visa? if so,
what happens to the GC then?

This is something I have never heard of (I mean going
back to 'status' issues)...

Any comments anyone?

Srini
Click to expand...
I think this is a BS man. Since that guy legally applied for adjustement of status and was found to be eligible for it and paid the FEE ( The dollars) which is all USCIS cares about., then they should grant him citizenship. That's whay i believe. He is now legal, he paid the fees, he followed the legal way and got approved. why are they f**ing with him now i don't know. why they treat good foreighners like garbage?!
 
Martin307....

Any new info from your friend?

I always thought that Status issues are dealt with, at the I-485 level...so, if CIS thinks that there was a status problem...and if they haven't done their job, what can anyone do? I wonder....will they ask him to file a I-485 Amendment (using 245(i))? Is something like that possible?

Srini
 
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