eb3 denied cp.

[saldi]

hi,was denied eb3 consular processing in jan2001,got a letter from consulate that my file has been sent back to state dept asking them to revoke my petition.i would like to know what happens next? can i reopen my file through an attorney,if so what chance do i stand after 4 years.plz advice.

 

[pralay]

As far I understand there is no appeal for CP rejection. Once the decision has been taken, that is final. That is very reason I-485 is considered safer than CP - and many don't go to CP path even though it is faster.
Did they show any reason for rejection?

 

[TheRealCanadian]

As far I understand there is no appeal for CP rejection.

It depends on the reason. If it's documentary, then it can be overcome with the right papers. If it's a question of fact, not of law, then there's going to be a problem. The fact that the consulate recommended to DOS that the underlying I-140 be revoked strongly indicates a suspicion of fraud or other problems.

 

[pralay]

The fact that the consulate recommended to DOS that the underlying I-140 be revoked strongly indicates a suspicion of fraud or other problems.

Not necessarily. It could be a simple change of sponsorer (as AC21 does not apply to CP).

 

[pralay]

It depends on the reason. If it's documentary, then it can be overcome with the right papers.

My understanding is that, in that case beneficiary needs to reapply again (basically starting a new CP alltogether based on same I-140).

 

[imwatcher123]

My understanding is that, in that case beneficiary needs to reapply again (basically starting a new CP alltogether based on same I-140).

Well, AC21 does not apply to CP unless the applicant has filed 485 for more than 180 days and later change to CP route. If the applicant has never filed 485 and CP is denied due to change of sponsor/employer, the 140 cannot be reused.

 

[TheRealCanadian]

If the applicant has never filed 485 and CP is denied due to change of sponsor/employer, the 140 cannot be reused.

I think we were discussing what would happen if the CP was denied due to insufficient documentation, not a change of employer. Either way, looks like this original I-140 is toast.

 

[imwatcher123]

I think we were discussing what would happen if the CP was denied due to insufficient documentation, not a change of employer. Either way, looks like this original I-140 is toast.

Do not quite understand what you mean by "insufficient documentation". Consulates/DOS normally do not send approved I-140 back to USCIS unless the consulate determines that there is CLEAR evidence that I-140 should not have been approved by CIS. Based on DOS memo, the standard for DOS to requet revoking 140 is very high--the evidence should be able to stand in the court of U.S. (although the GC applicant cannot appeal for a CP denial, the 140 peitioner can appeal should USCIS revoke it).