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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105597
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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As a Tibetan US Citizen I applied Tibetan wife's immigration

Customer Question

As a Tibetan US Citizen I applied for my Tibetan wife's immigration visa and after her interview in Delhi back in March this year she was told the consulate needed to verify some info and later changed the status to "Returned to NVC" as of July 27 2015 with a state department link that is broken to basically contact the state department. Please advise.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

How long have you been married? What evidence did you submit in regards ***** ***** relationship? When was the last time that you met? What did they ask her at the interview?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Anyway, there is something that they found that they did not like. It does not mean that everything is lost. Here is what generally happens after the Embassy or Consulate makes a 221(g) finding (which is probably what happened, but since you aren't responding to my questions, I have to assume what happened):

The Petition is returned to the U.S. for further review.
When the petition is received by the NVC, it is reviewed and entered into their database for management.
It is then sent to the USCIS service center where the petition was originally filed and approved.
Then the Service Center receives returned petition and sends a notice of receipt to you.
The Service Center then reviews the returned petition and any consular officer notes on the case.
If the Service Center agrees , then they send either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to you also asking for more proof of the relationship, many cases have specific consular objections to rebut.
You are given 30-60 days from date of NOIR/NOID to respond with additional evidence of the relationship or other specific evidence depending on what the original findings were. The timeframe to respond will be provided in the letter that they send you.
If you send back the requested evidence in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
If the petition is denied the Service Center sends you an 'official' denial letter. This can be officially appealed if the denial letter states such.
If the petition is reaffirmed the Service Center sends you an official notice of reaffirmation.
Service Center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
Consulate notifies your spouse of a new interview date.
She has an interview for the reaffirmed petition and the visa is either issued, or the case is placed in Administrative Processing which after it has cleared, a visa is normally issued.

Now the things that you should do at this point is have your spouse send you a copy of the 221(g) that was issued, then hire an attorney to help you through the above process. You can go to http://www.ailalawyer.com first to find one.

Another tactic would be to immediately contact the consulate or embassy over the phone and ask that the senior consular officer review the file before it is sent back overseas. Obviously this has to be done quickly. If you can't get through by phone, try email.

Also, you can contact your congressman/senator, get them involved immediately. Here is a link to help you do that: https://www.usa.gov/elected-officials.

So as you see, you have some options. Not all is lost.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!