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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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On NVC site I saw following status before NVC schedule my

Customer Question

On NVC site I saw following status before NVC schedule my Green card interview
Your petition has been returned to USCIS for administrative action and is no longer at the NVC. Further inquiries should be directed to the USCIS by telephone at 1-800-375 5283, or via the internet at www.uscis.gov.
Can anyone help me to understand what is the next step?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith replied 5 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

For some reason there was a question about the approval of your petition by the Dept of State. Who filed the petition on your behalf?

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars

In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 5 months ago.
this question is behalf of my sister. my sister is in india and she married with US citizen. who filed petition for her.
she got USCIS approval and submitted DS260 and all necessary fee at NVC.
On last friday she found that NVC updat following status for her application:Your petition has been returned to USCIS for administrative action and is no longer at the NVC. Further inquiries should be directed to the USCIS by telephone at 1-800-375 5283, or via the internet at www.uscis.gov.NVC never scheduled any visa interview for her and they return petition to USCIS. so we wanted to know what should we do now?
Customer: replied 5 months ago.
are you there?
Expert:  Judith replied 5 months ago.

There has been some investigation by DOS which is the NVC and they seem to feel there is some fraud involved with the marriage or her spouse has withdrawn the petition.

The petition is returned to USCIS for them to do further investigation on the validity of the marriage. They may call her spouse in for an interview at the USCIS field office where he lives and question him about the marriage being in good faith.

If the USCIS believes this is a marriage entered into for immigration benefits only and is not a real and true marriage for love they will revoke the petition.

This is common where the spouses do not have any relationship history such as courtship with pictures, email communications, skype transcripts, phone records, etc.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 5 months ago.

I am working with several customers at the same time and have to take questions in order of their being posted. Sorry for the delay,the site controls the order of how I can take questions.

Judith

Customer: replied 5 months ago.
Can NVC send petition back to USCIS before interview?I checked online but all cases I found that NVC returns petition after an interview where consular officer thinking something is wrong.but in my sister's case , there is not visa interview.so are they made decision based on the document submitted?
Expert:  Judith replied 5 months ago.

Absolutely, the NVC is part of the Dept of State. If they suspect some issue with the petition and the bona fides of the marriage they have the authority to act and send the petition back to the USCIS for review.

The decision to review can be made on the documentation submitted or the LACK of documentation submitted.

When this happens USCIS will most likely call in the USCIS spouse for a face to face interview to question him about the marriage.

The question is not about the visa application, it is about whether the petition was approved in error, that is the jurisdiction of the USCIS for review.

your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 4 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. Please tell me what additional information would be helpful.
Judith

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