NIW AAO Decision

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niwdoer

Registered Users (C)
Dear All

I have a questino regarding my NIW case. My case was filed to INS in NOv, 2002 and they denied my case but certify it to the AAO. Yesterday, I recevied AAO decision which approved my case.

I have a few silly questions. Can INS appeal AAO's decision or they must follow the AAO's decision? Also, how long it will take for INS to approve my case, online status said it will take 30-60 days. But can they do that fast? And my lawyer said I can just file 485/EAD and put the AAO decision together with the 485 filing. Is this ture?

Thank you

niwdoer
 
Your lawyer is 100% correct. The AAO made the decision for the INS. The INS just needs to update their system. That's all. Congrats!!

For the benefits of the lesser mortals (like me), can you please share the details of your case, such as :

your qualifications
what you submitted intially
what they RFEd
how you responded
what they said for rejecting
how (what grounds) you fought back.
 
Originally posted by niwdoer
Dear All

I have a questiom regarding my NIW case. My case was filed to INS in NOv, 2002 and they denied my case but certify it to the AAO. Yesterday, I recevied AAO decision which approved my case.

niwdoer
Click to expand...

Good news, indeed. Congratulations.

Brian
 
Originally posted by niwdoer
Dear All

I have a questino regarding my NIW case. My case was filed to INS in NOv, 2002 and they denied my case but certify it to the AAO. Yesterday, I recevied AAO decision which approved my case.

I have a few silly questions. Can INS appeal AAO's decision or they must follow the AAO's decision? Also, how long it will take for INS to approve my case, online status said it will take 30-60 days. But can they do that fast? And my lawyer said I can just file 485/EAD and put the AAO decision together with the 485 filing. Is this ture?

Thank you

niwdoer
Click to expand...

Congratulations! Did you file an apeal to AAO or the AAO review your case automatically after the officer denied your case and certifiy it to the AAO?
 
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thanks a lot guys.

My case is a little bit weired. Supposely it should be easy by my lawyers but it turns out to be the other way around.

My credential is like this: Ph.D, 20 papers, 3 patents, Journals reviwers, 8 recommendation letters among which 5 are totally independent experters who don't know me and never meet me personally but now my work and reputation. And other things. It was filed on 2002/7.

On 2002/11, a RFE is issued from CSC asked for recommendation letters from government agencies.

On 2003/2, materials sent to CSC. Be carefuly here, my lawyer is a very good lawyer. They are so good that they are too confidant. Without government letters which I didn't get, they argue paragraph by paragrah with the INS on the law.

Two weeks later, the case is denied and acctually the INS officer certified my case to AAO for me even though I didn't decide whether to appeal or not yet. The denial is because no government letter and a lot of personal atititude towards to laywer. INS wrote 13 pages denial acctaully. :) You can image the atitude.

AAO approved my case bascically saying no governemnt letters are required. That's it.

I am not sure whethe the results would be different if my lawyer didn't argue at that time. In stead, I don't know what will happen if they try to give INS some room to save face.

Due to the trememdous atitude in the denial, I am wondering even though AAO approved my case, can INS appeal AAO's decision?

Thank you very much
 
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Does CSC still issue RFE asking for recommendation letters from government agencies? Was CSC the only center that ever issued such RFE? That's too weird. For NIW, there's NO such law requiring letters from government agencies. Your lawyer was right to argue with them.
 
Good to know AAO nailed down that abusive officer. At least we see it happened once. I think INS has no choice but to comply with the decision AAO made. Anyway, still happy for you.
 
It is really surprising that your application didn't go through easily. Your qualifications sound excellent.

However, your lawyer broke the golden rule. It NEVER pays to be rude to the INS....they hold all the power.

He should have just given them what they wanted.

Anyhow, I'm glad it all worked out for you!
 
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