Can USCIS find an good excuse to deny any application: we do not have enough evidence/documnetation?
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wierd letter after n-400 pre-approved
- Thread starter afaneh1975
- Start date
Can USCIS find an good excuse to deny any application: we do not have enough evidence/documnetation?
Jackolantern
Registered Users (C)
If evidence not provided was requested before the interview, at the interview, or within the 120 day window, they could legitimately deny it based on failing to produce that evidence. But not now. Once the 120 days are gone and the 1447(b) is filed they can't deny it based on insufficient evidence; they'll have to ask the court to allow collecting the other evidence. Or deny it by showing that the existing evidence itself is grounds for denial.Which would likely result in a denial since it seems they are interested in speaking with wife.
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That's only if the evidence already submitted is insufficient.
But that's subjective since they have discretionary powers to deny an application based on the evidence presented. For example, one IO may feel that a utility bill and joint bank account is sufficient evidence, whereas another IO may request tax statements, insurance proof, and talking to the USC spouse.
The only recourse for the applicant at that point would be an appeal with USCIS followed by possible federal court action if required.
Jackolantern
Registered Users (C)
Once the 120 days are gone and 1447(b) is filed, they have to answer to the court. If USCIS wants to dismiss the 1447(b) they can't just deny it based on their own determination of insufficient evidence. They'll have to convince the court that the evidence is insufficient, and the court doesn't have to agree. In 1447(b) cases the courts routinely slap down USCIS for wanting more evidence or another interview.But that's subjective since they have discretionary powers to deny an application based on the evidence presented.
Once the 120 days are gone and 1447(b) is filed, they have to answer to the court. If USCIS wants to dismiss the 1447(b) they can't just deny it based on their own determination of insufficient evidence. They'll have to convince the court that the evidence is insufficient, and the court doesn't have to agree. In 1447(b) cases the courts routinely slap down USCIS for wanting more evidence or another interview.
Most likely many people would not bother goting to court and USCIS may know it so they perhapos do not care about that
afaneh1975
Registered Users (C)
we received that letter fter 112 days from my interview
we received that letter fter 112 days from my interview
And is second interview after the 120 days from first interview?
afaneh1975
Registered Users (C)
first interview June 16,
second one Nov 06
that's almost 140 days
second one Nov 06
that's almost 140 days
Jackolantern
Registered Users (C)
USCIS also doesn't like to go to court. It is expensive and disgraceful for them. So when a 1447(b) is filed, the usual response is for USCIS to approve the case before it ends up in court, if it is approvable based on the existing evidence. Of course, they could also deny it quickly, but usually if it was deniable they would have already denied it, and if the applicant wasn't confident of approval they usually wouldn't file the 1447(b).Most likely many people would not bother goting to court and USCIS may know it so they perhapos do not care about that
However, now that the OP has pointed out the letter was 112 days after the interview, maybe that preserves USCIS's right to request the wife's interview because it was requested within the 120 days. I'm not sure what would be the overriding factor -- the fact that the interview was requested within 120 days, or the fact that the interview will occur after 120 days. They surely aren't allowed to blatantly skirt the 120-day rule by sending a letter on day 119 for an interview on day 300, but 140 days isn't an unreasonable time beyond 120. Either the OP's wife needs to go to the interview, or find a lawyer ASAP to discuss the options for avoiding the interview. Unless USCIS is handcuffed with a 1447(b) lawsuit, they will deny it if she doesn't show up.
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USCIS also doesn't like to go to court. It is expensive and disgraceful for them. So when a 1447(b) is filed, the usual response is for USCIS to approve the case before it ends up in court, if it is approvable based on the existing evidence. Of course, they could also deny it quickly, but usually if it was deniable they would have already denied it, and if the applicant wasn't confident of approval they usually wouldn't file the 1447(b).
If marriage-based citizenship is denied, what reason can USCIS give?
If they give reason like "the applicant can not prove marruage is genunine"
mayb ethat is fine. If the reason they give is "the marriage is a fraud", how can the applicant apply in the future if he is charged with that? (because there are 2 questions on N400 about whether you ever lied or gave misleading info")
WhichWay2Go
Registered Users (C)
Al, I don't think using a P.O. box for N-400 processing is a big deal.
I have to agree. I live out in the boonies and my house mailbox is at the highway about 2 miles from the house. It is always being ratted through so I only use the PO Box in town. BUT, my application was not marriage based which I could see may have a touch of concern by USCIS.