We know that immigration interviews can be worrying. Sometimes, the consulate or embassy might tell you that they could send your visa back to USCIS for possible visa revocation. A revoked visa might make you unsure about your immigration plans.
But don't worry, a Goldstein US immigration lawyer is here to help! We'll give you important information and tips to increase your chances of getting your visa approved. Remember, with the right guidance and support from an immigration lawyer, you can achieve your US immigration dreams – so don't give up!
Understanding Visa Revocation
Before we go further, let's understand visa revocation. When you go for an interview, it means that your underlying visa petition (like I-130, I-730, I-140, or I-526) has already been approved by USCIS.
However, the consulate has the power to approve or deny the visa on its own. If they have concerns about your eligibility or your case, they might send it back to USCIS for possible visa revocation. However, you can navigate the uncertainty with a lawyer who specializes in US revoked visas.
Navigating the Unknown With a US Immigration Lawyer
Once your case goes back, things can get uncertain. Both the consulate and USCIS may not have immediate updates on the revoked visa status. Eventually, USCIS will send you a notice of intent to revoke, explaining why they are considering revoking your approved petition.
A lawyer will advise you that cases based on marriage face challenges. Often, the challenge for you is proving the authenticity of the relationship. Especially if one spouse is outside the US and the other is within the US.
Responding to the Revoked Visa Notice
When you receive the notice of intent to revoke, you'll get a chance to respond to US immigration services and provide more evidence to show that your marriage is genuine. We know this can be a difficult time, but our team is here to support you. You can submit affidavits, photos, and proof of your time spent together with the help of an attorney to strengthen your case.
Fiancé Visa Petitions Vs. Marriage-based
The fiancé visa (or K1 visa) process for petitions may be a bit different and, unfortunately, not as positive. If the consulate is not convinced, they might send your case back to USCIS. This may lead to a denial because it could expire.
In such cases, we suggest considering marriage and applying for a marriage-based petition. Reapplying for the denied fiancé visa I-129F might give similar results. So, a marriage-based visa could be a better option.
The Lawsuit Option With the Help of a Visa Lawyer
If your petition is affirmed after responding to the notice of intent to revoke, congratulations! However, be prepared for possible processing delays. USCIS, the Consulate, and the National Visa Center may not have a fast process for such cases.
If significant delays happen, remember that you can file a writ of mandamus lawsuit with a visa lawyer to challenge the processing delay. This legal action might speed up your case.
Seek Legal Guidance to Navigate the Immigration Process
Facing the possibility of visa revocation can be overwhelming, but remember that you're not alone. Seek legal guidance to navigate the immigration process and respond to a USCIS notice. Stay strong, stay informed, and don't hesitate to seek help and expert immigration services.
Together, we can help you navigate the path to a successful application. Don't forget to subscribe to our Immigration Station channel for more valuable insights. You can make all your dreams come true – never give up and begin the process by Telling Us About Your Case!