Ronen

If You Have a USCIS Denial, Should you File an AAO Appeal?

[Also available on Linkedin] A USCIS denial can be challenged by filing a request with the Administrative Appeals Office (AAO). However, AAO appeals are generally not required when challenging a USCIS denial (nor are they recommended – more on that later). The reason an AAO appeal is not required was explained in the summary holding […]

Some Good News For Those Challenging Consular Denials

[Also available on Reddit] This is a great decision from the Ninth Circuit that puts a dent in the Government shield of consular nonreviewability. Consular denials are notoriously difficult to challenge and are generally considered immune from judicial review. However, consular denials (especially for cases fought on the west coast) just got a little easier […]

Stuck in Administrative Processing 221(g) Limbo?

[Also available on LinkedIn.] Let’s say you go to an interview at a consulate expecting to get a visa stamp to come to the US. Instead of a stamp you get a pink slip with a vague explanation that your visa has been refused and your case has been placed in 221(g) administrative processing. First, […]

The Standard USCIS Must Apply in Deciding VAWA Cases is Very Favorable to the Applicants

[Also available on Facebook] If you apply for VAWA and meet the eligibility requirements, USCIS must approve you. A recent practice advisory from CLINIC lays this out very clearly: “USCIS has acknowledged that approval of a VAWA Self-Petition ‘is not discretionary’ under the statute. While USCIS’s position is that the good moral character requirement is […]

Thoughts on the Immigration Processing Backlog:

[Also available on Facebook] Ultimately the immigration processing backlog needs to be fixed by government dedicated resources to promote increased capacity and efficiency at the relevant agencies. Until that time comes, the best solutions for many individuals caught in this mess is through the courts using mandamus lawsuits. From a systemic perspective, resorting to the […]

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