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An applicant's petition may be approved if they are the spouse, parent, unmarried son or daughter, or the minor unmarried lawfully adopted child of a U.S. citizen or legal permanent resident, or of an alien who has been issued an immigrant visa, or the fiance(e) of a U.S. citizen or the fiance(e)'s child; OR if they are a VAWA self-petitioner. [4]
Consular nonreviewability (sometimes written as consular non-reviewability, and also called consular absolutism) refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be challenged in the United States judicial system.
Obtaining a CLN through other forms of relinquishment, where the individual informs the consulate that he or she had the requisite intent when performing a potentially expatriating act, requires the individual to complete a questionnaire and return it to the consulate, after which the consular officer may request a follow-up interview, either ...
Department of State, 526 F.Supp.3d 709 (C.D. Cal. 2021) (mem.) Vacated and remanded, 50 F.4th 906 (9th Cir. 2022) Certiorari granted, 602 U.S. ___ (January 12, 2024) Questions presented; 1. Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen. 2.
A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services to a petitioner about a previously approved petition, telling him or her that the USCIS intends to revoke the petition, along with the reasons for revocation, and giving the petitioner a fixed amount of time to respond. [1]
In particular, even if a visa application is initially made via document drop-off as the criteria for an interview waiver appear to be satisfied, the consulate may, at its discretion, or based on criteria (including criteria redacted in the public version) issue a 221(g) quasi-refusal and call the applicant in for a visa interview. [1]
The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions (as well as Form I-129F petitions for K-1/K-3 visas) approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s ...
If the employer's application is approved, it only authorizes the individual to apply for a visa; the approved application is not actually a visa. The individual then applies for a visa and is usually interviewed at a U.S. embassy or consulate in the native country. If the embassy or consulate grants the visa, the individual is then allowed to ...