Interview yesterday-Denied? Pls help.

B

Busco

Registered Users (C)
I had interview yesterday and am pretty sure I will be denied. Here is my situation, a bit complicated, pls bear with me.

In US since '97 (student) Married USC '99, GC granted '01, divorced '01 (husband had affair, he filed for divorce)

Taken a few trips back to country of origin from 2 weeks to a couple of months at a time, nothing of major importance, does not add up to much time.

'07 was unable to care for myself due to illness, I have no family in US, flew overseas Oct '07 to be cared for by my mother/family. Expected to be back a few months later but due to medical complications was not allowed back until Oct '08 (363 days) I did get infopass before leaving and asked if there was anything I should do since I didnt know how long I would be unwell. Following their advice I applied for re-entry permit which was granted for 2 years.

Realized just how "american" I am while being overseas, applied for citizenship Nov '08.

Received letter from overseas hospital, test were back and I needed further surgery. Returned overseas Nov '08, a couple of days after sending in N-400.
Again, due to post-surgery complications was not allowed to fly back until May '09 (179 days). Been here since then.

I know how it looks but I was honestly not "playing the system" I flew home as soon as the doctors allowed me to, the dates are coincidence.

Had my interview yesterday, IO was unfriendly from the word go. He would ask questions but would barely give me a chance to answer.
He asked about trips, I told him about them, showed medical reports, he asked how had I supported myself, I explained money situation with supporting documentation. He looked at my rental agreement, rent receipts and letter from landlord stating my personal effects, mail etc had remained while I was overseas.

At the end of the interview he gave me that form saying I had passed civics test and a decision could not b made.
He said he had to review the law and see how it applies to my case...sounded like a cop out, surely he knows what the law is? ...........I asked if there was any other documentation I could provide to help, he said no, he took out a thick book and said, the law that applies to your case goes from here to here (less than a page) I have to review it and see how it applies to your case, u will get a letter in the mail. I asked if he knew when I would hear back? he said he would review my case tomorrow and send letter out, then he rectified and said well, I actually have to run it by my supervisor and then I will send letter out.
Got clear impression he would recommend denial, he did not want to keep or photocopy my medical reports or documentation showing how I supported myself....how is a supervisor going to approve without those? Not trying to be negative but I am feeling a denial.

So now what? I understand I have the right to appeal....is it worth it? I mean, do they overturn decisions? what about cost (money is tight, I am still looking for work)? Do I need a lawyer? How long does the process take?

Thanks!!
 
Busco said:
I had interview yesterday and am pretty sure I will be denied.

...

So now what? I understand I have the right to appeal....is it worth it?
Click to expand...

Busco,

You need to calm down and wait. You have nothing to appeal yet as you only think you will be denied. These things move slowly so just take things one step at a time. They will inform you one way or the other and THEN you can decide or ask here what to do.
 
I think it could go either way.
Obviously, you didn't expect an approval on the spot, did you?
Your case is particular and it needs to be reviewed.
However, I don't think it's an automatic denial.
Please keep us posted.
 
Thanks for the prompt reply.
I did not expect an immediate decision but I did expect him to take my documents in order to present them to his supervisor...how would the supervisor make an informed decision without them? If MY file was presented to ME without this supporting evidence even I would probably deny!
I do understand a denial is not 100% and usually my advice to people is relax and wait until u know for sure. However, my medical situation is still uncertain and God forbid I should require further surgery, I will have to leave again and then even my GC will be in jeopardy. My home is the USA and I want to continue living here but the health system being what it is will not cover me due to it being a pre-existing condition. I need to make some tough decisions and the sooner I know my options, the better. I am in a race against time and I really need to be ready to go with an appeal if one is feasible.
 
Residency requirement are clear from USCIS and even though there are some exceptions one can take advantage of (like having house, relative. job in US etc), still it is very difficult to convince USCIS.

If you get a chance and interested search for "CFR 316.5" on any internet search engine. You will get some idea.

Your case is very complicated. And, requires assistance from lawyer who can fight in court if required.
 
Busco said:
Thanks for the prompt reply.
I did not expect an immediate decision but I did expect him to take my documents in order to present them to his supervisor...how would the supervisor make an informed decision without them? If MY file was presented to ME without this supporting evidence even I would probably deny!
I do understand a denial is not 100% and usually my advice to people is relax and wait until u know for sure. However, my medical situation is still uncertain and God forbid I should require further surgery, I will have to leave again and then even my GC will be in jeopardy. My home is the USA and I want to continue living here but the health system being what it is will not cover me due to it being a pre-existing condition. I need to make some tough decisions and the sooner I know my options, the better. I am in a race against time and I really need to be ready to go with an appeal if one is feasible.
Click to expand...

It's standard procedure to have a supervisor go over every case for verification. In cases where continuous residency was presumed broken, all the facts must be verified first to overcome this presumption. Be patient and you will have your answer soon.
 
I understand the process, but my point is, the supervisor cannot review something that is simply not in front of him/her? IO did NOT add medical reports or financial information to my file, he would not take originals or copies.
In any case, I really need to know about appeal process please.....does anyone know how long it takes? how much it costs? are decisions often/ever overturned?
Thanks!
 
Busco said:
I understand the process, but my point is, the supervisor cannot review something that is simply not in front of him/her? IO did NOT add medical reports or financial information to my file, he would not take originals or copies.
In any case, I really need to know about appeal process please.....does anyone know how long it takes? how much it costs? are decisions often/ever overturned?
Thanks!
Click to expand...

First of all, the subject of your thread is misleading as it gives a different picture than what the actual fact is :confused:. Secondly your assumption based on the premise that the IO did not collect your documents hence its a denial, is also premature. Actually that fact could also be taken as a positive sign that IO did not think it was necessary to take any documents, since he had verified those and probably added his comments somewhere regarding this. I think you should wait for a few days/weeks before jumping to any conclusions. If its an approval then you obviously don't have to worry :). If it's a denial :eek:; USCIS will give a precise reason for denial and folks here as well as any lawyers etc. will be able to guide you much better knowing the exact reason before giving any inputs.

I believe the fee for appealing is $605 (but will let others also confirm it). Of course if you decide to use a lawyer the fee can range anywhere from $1000 to several thousand depending upon the lawyer, your case and/or the level of service requested. But hopefully you won't need that; just keep your fingers crossed. There are a couple of good threads on this forum regarding appeals but will dig deep and post only once the actual need does arise.
 
Busco said:
I understand the process, but my point is, the supervisor cannot review something that is simply not in front of him/her? IO did NOT add medical reports or financial information to my file, he would not take originals or copies.
In any case, I really need to know about appeal process please.....does anyone know how long it takes? how much it costs? are decisions often/ever overturned?
Thanks!
Click to expand...

You're assuming that only physical evidence is used in adjudication. The IO would have easily taken down your statements in writing without you knowing.
Why are you thinking about appeal process at this point?
 
Richmonvda....I dont see how u think the subject of my thread is misleading..it says "Interview yesterday-Denied? Pls help." as u can see, there is a question mark after the word denied so not sure what it is that u find misleading, I certainly wouldnt mislead on purpose. Having said that, thanks for the info on the $605 fee.

Bobsmyth....what do u mean "The IO would have easily taken down your statements in writing without you knowing." ? please explain. Not sure if set up is different in different offices but if it is any help, in my interview I could read what IO was writing on my file, he only wrote things like Applicant states she did not work while abroad and applicant states she was overseas due to medical reasons and applicant travelled overseas 11/08 5/09 and another sentence I cant remember. Thats it.
U guys are giving me a bit of hope but I guess u had to have been there to understand why I am worried. He barely glanced through my medical reports or financial documents and seemed to have made up his mind before he even asked me anything.
Still I rather start preparing for an appeal now, ie researching attorneys etc or at least learning about the process...how long it takes etc at least I am doing something rather than just wait for the letter ...if it is an approval GREAT! I would have lost nothing, would have learnt something, if it is a denial, I am ready to go, I dont need to start researching and preparing from scratch. I understand some people would rather wait and then IF denied start looking into things I rather get ready, again, u had to have been there. Hope that clarifies my thinking.
 
Busco said:
Bobsmyth....what do u mean "The IO would have easily taken down your statements in writing without you knowing." ?
Click to expand...

It means that an IO can still update the interview case notes after you have left the room, and the IO's interview notes are used as part of adjudication process.Just because the IO didn't want your physical evidence doesn't mean that a verbal statement of it won't be used for adjudication.

As for appeal, you'll have to file N-336 within 30 days of receiving denial. You'll also have to provide the reason (as it applies to immigration law) why you are appealing and provide further evidence that supports your argument. If the denial is sustained, you can seek further appeal via the federal court system.
 
Bobsmyth, I see what u mean, thanks for explaining. Also thanks for explaining the appeal process, I appreciate it.
Does anyone know how long the appeal process usually takes?
Thanks!!
 
busco said:
i had interview yesterday and am pretty sure i will be denied. Here is my situation, a bit complicated, pls bear with me.

In us since '97 (student) married usc '99, gc granted '01, divorced '01 (husband had affair, he filed for divorce)

taken a few trips back to country of origin from 2 weeks to a couple of months at a time, nothing of major importance, does not add up to much time.

'07 was unable to care for myself due to illness, i have no family in us, flew overseas oct '07 to be cared for by my mother/family. Expected to be back a few months later but due to medical complications was not allowed back until oct '08 (363 days) i did get infopass before leaving and asked if there was anything i should do since i didnt know how long i would be unwell. Following their advice i applied for re-entry permit which was granted for 2 years.

Realized just how "american" i am while being overseas, applied for citizenship nov '08.

Received letter from overseas hospital, test were back and i needed further surgery. Returned overseas nov '08, a couple of days after sending in n-400.
Again, due to post-surgery complications was not allowed to fly back until may '09 (179 days). Been here since then.

I know how it looks but i was honestly not "playing the system" i flew home as soon as the doctors allowed me to, the dates are coincidence.

Had my interview yesterday, io was unfriendly from the word go. He would ask questions but would barely give me a chance to answer.
He asked about trips, i told him about them, showed medical reports, he asked how had i supported myself, i explained money situation with supporting documentation. He looked at my rental agreement, rent receipts and letter from landlord stating my personal effects, mail etc had remained while i was overseas.

At the end of the interview he gave me that form saying i had passed civics test and a decision could not b made.
He said he had to review the law and see how it applies to my case...sounded like a cop out, surely he knows what the law is? ...........i asked if there was any other documentation i could provide to help, he said no, he took out a thick book and said, the law that applies to your case goes from here to here (less than a page) i have to review it and see how it applies to your case, u will get a letter in the mail. I asked if he knew when i would hear back? He said he would review my case tomorrow and send letter out, then he rectified and said well, i actually have to run it by my supervisor and then i will send letter out.
Got clear impression he would recommend denial, he did not want to keep or photocopy my medical reports or documentation showing how i supported myself....how is a supervisor going to approve without those? Not trying to be negative but i am feeling a denial.

So now what? I understand i have the right to appeal....is it worth it? I mean, do they overturn decisions? What about cost (money is tight, i am still looking for work)? Do i need a lawyer? How long does the process take?

Thanks!!
Click to expand...

please relax

i had my interview sep 2, i did not get a decision at the spot

my officer told me she will mail me a decision within 2 weeks

i took 13 vacation in the last 5 years, the officer told me she need to review my travel record and she had to consult wth her supervisor

i was calm , professional and i understood she had to do her job

i thanks my officer and i left

after 4 days i received approval and oath notice

your case is not denied, try to be positive

good luck to you
 
I saw a post from the other thread saying the IO usually does not review your case until the interview, looks like it is true
 
onthesky said:
I saw a post from the other thread saying the IO usually does not review your case until the interview, looks like it is true
Click to expand...

Unlikely. The interview is the time when both the IO and the applicant have the opportunity to set the record straight. I think the IO spends considerable time "before" the interview, and I think it is unlikely to be on the day of the interview but much before. It is likely that sending out the interview letter triggers such a review - and hence the yellow letters to some people. Actually, yellow letters should not happen if there was no review before the interview, right?
 
hmm.... I really do not know. People ususally receive the yellow letters before they get the IL. The way they work may be like a black box forever to us.
 
H1B stamping in Tijuana, MEXICO

Hi,

I have taken an appointment for renewing my H1B visa on Oct 15th 2009 @ Tijuana, Mexico. My current visa is expiring tomorrow (i.e. sep 30th 2009). I have changed my employer in January 2009 so I have a valid I797 and I94 till Jan 2012.
Is this advisable for taking this step. I have all the documents ready. I also have the client letter, paystubs, W2's from previous years etc etc. All I need to know is as I cross this country I have to give my new and old I94. So I have no legal status to enter to US. So is this advisable. I am very much tensed please support.

Thanks
 
tipsy1999 said:
Hi,

I have taken an appointment for renewing my H1B visa on Oct 15th 2009 @ Tijuana, Mexico. My current visa is expiring tomorrow (i.e. sep 30th 2009). I have changed my employer in January 2009 so I have a valid I797 and I94 till Jan 2012.
Is this advisable for taking this step. I have all the documents ready. I also have the client letter, paystubs, W2's from previous years etc etc. All I need to know is as I cross this country I have to give my new and old I94. So I have no legal status to enter to US. So is this advisable. I am very much tensed please support.

Thanks
Click to expand...

First, wrong sub-forum. This sub-forum is about US citizenship.

Second, you know you are taking a risk. Consulate can always ask for something which you do not have - how are you going to get it.

Third, why do you need a visa by going to Mexico? Unless there is some emergency, you can get a visa from your home country when you go next, or you can get it by mail within US (my company had done it years back, I am sure there is a way).

I know of people who have done visa extensions successfully at Tijuana (more likely), and I know of people who have not (less likely but still very possible). It depends on your particular situation, your documents and the immigration officer.
 
onthesky said:
hmm.... I really do not know. People ususally receive the yellow letters before they get the IL. The way they work may be like a black box forever to us.
Click to expand...

So basically sending the IL and YL is in the wrong sequence. Anyway, this proves the point that IO reviews the file before the interview.
 
BOBSMYTH, I think the OP needs some positive energy, she is already thinking negative. I remember how i panicked and you gave me some strength. She is in a Panick state like I was when i got grilled.
That's my take. She needs to be positive. I do not see anything out of the norm. Sickness is sickness and I think from her personality, she gave the IO a rough presentation. Also how we present ourselves during interview can be a judgmental call to a decision.
Don't you guys think so?
 
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