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  • After AAO denial

    After the AAO sent the applicant a denial letter for his I-485 appeal then AAO sent his file back to USCIS local office.
    Does the applicant get another denial letter from USCIS Local office? Or that’s it the USCIS close the file.
    Thanks

  • #2
    After the AAO sent the applicant a denial letter for his I-485 appeal then AAO sent his file back to USCIS local office.
    Does the applicant get another denial letter from USCIS Local office? Or that’s it the USCIS close the file.
    Thanks

    Comment


    • #3
      Here's how I think it works.

      The AAO doesn't issue a denial letter. It rather:

      1) issues a written decision in response to an appeal or motion to affirm the USCIS denial (and in effect dismisses the appeal or motion), or

      2) upon finding a merit to an appeal or motion, remands the case to the USCIS office that made the denial decision for a second look into the case, with an advise to certify the new determination with the AAO if it's unfavorable, or

      3) issues an instant Approval Notice which in effect reverses the USCIS denial decision.

      Your question, I suppose, falls under the No. 1 category above. My answer there is no. The USCIS won't issue another notice of denial to the applicant or petitioner in such a scenario.

      Comment


      • #4
        I'll guess that 3 hardly ever happens!
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          It's ranked by degree of probability, Brit. First is common. Second are few and far between. Third hardly happens, but it does.

          Comment


          • #6
            I'd imagine the AAO board is largely a rubber stamp of the original USCIS decision in most cases. Because as we know, the USCIS are always right even when they are wrong!
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              How about if the AAO dismiss the appeal with a new finding of fraud, then what will happens?

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Lulac:
                How about if the AAO dismiss the appeal with a new finding of fraud, then what will happens? </div></BLOCKQUOTE>

                Just the same, the AAO would issue a denial affirmation and dismissal of the appeal or motion, with added mention of fraud determination. But as their name connotes, AAO's duty is purely ministerial and appellate in nature. They would return the whole thing to the USCIS office that issued the denial. The USCIS, in line with its executory power, would normally issue an NTA. The alien's nightmare starts from there. Sorry.

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