30 Mar Is your petition under investigation?
If you filed a petition for your spouse and the case is pending for so many months or years, chances are that the USCIS is investigating your petition. They could also deny your petition once the evidence they gathered is unfavorable to your case. You should receive a notice of Intent to Deny before they will deny your petition.
If the petition was initially approved, you may get a Notice of Intent to Revoke the approval of your petition for reasons that they have discovered later in your case. The best strategy is to plan to defend your case just in case any unfavorable decision is received. If you failed to respond to the request for evidence, your case will be denied. If the proof you submitted is not sufficient to overcome their findings, they will also deny your petition.
You should consult with an Immigration Attorney who specializes in family immigration and filing appeals. If your case is denied you can file an appeal to the BIA. Denied I-130 petition are appealed to the Board of Immigration Appeals.
There are many reasons for denial of petition. One is inconsistencies during the interview. Others include negative findings about the validity of the marriage. There could be questions about good faith marriage. The most serious findings would be marriage fraud. In this situation, you should submit proof of good faith marriage. If you failed to overcome the fraud charge your spouse will not be able to be approved in any petition even if it is employment-based petition.
The law is specific that if there is a finding of marriage fraud, no petition will be approved. But before that happens you should be prepared to appeal in your case. We have a case where there is a finding of marriage fraud in the first marriage petition. However, the USCIS did not follow the procedural due process during the processing of the first petition and the second petition was ultimately approved. Procedural due process is a constitutional guarantee of fairness in adjudication of the petition.
Other reasons for denial of petition and adjustment of status are if you entered the United States using a different name or committed a crime. There are a variety of immigration options you may still pursue but it is best to consult with an experienced immigration attorney about your case.
Note: This is not legal advice and presented for information purposes only. If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution.
PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with nursing and care home facilities in the U.S. to process applicants for Caregivers in the US. We also process petition for caregivers from the Philippines.
OUR OTHER SERVICES
We help clients file for Bankruptcy. The benefits of bankruptcy are:
- Bankruptcy will improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
- If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
- Collection actions continue and you can be sued if you are in debt settlement.
- Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
Our Law Firm successfully settled a car accident for $675.000.
We also handle uncontested DIVORCE.
ITIN and INCOME TAX PROBLEMS
We can help you if you need an ITIN (Individual Taxpayer ID number) We also prepare income tax returns and if you are under IRS audit, and need a representation with IRS, need to reduce your tax liability or need to offer a payment plan to IRS, we can help you with that.
For the month of February 2023, we received approval from USCIS for three naturalization applications, two Fiancée visa petition, two removals of condition on residence and four adjustment of status applications.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, personal injury and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.