Posted by: Bennedict October 9, 2019
Login in to Rate this Post:
0 
? 
?
Hi Gaule,
I would just like to spare some two cents on your behalf, just a caveat that I may not be completely right all the time. So it seems you might have forgotten to submit either yourself / your father's birth certificates for adjustment of status. They pointed out your error but then they did not send you the RFE most probably because:
- You father's visitor visa time is expiring anyway if it is issued on February. It is October and he needs to leave the country if wants to honor the visa requirements, that is what USCIS is mentioning there in the rejection letter.
- Adjustment of status will take some time, and until then the beneficiary has to maintain the legal status technically, which you father may be not able to do now since he is here more than 5 months I believe. Extension of the visa is possible, but it might be lengthy time consuming wait game, so USCIS is preferring not to process the adjustment. But the point is a US citizen can petition for parents who are here out of status too as far as I know. It seems like USCIS does not want to promote that thought process in your case for some reason (Please check it with your attorney if it can be an option for you) May be because your father got the visitor visa after you filed the petition on his behalf and did not mention his immigration case is running and USCIS now did not like this (?) I do not know when he got the visitor visa really before or after the petition. But I believe, you cannot technically get the visitor visa if somebody has filed petition for you already.
So coming back to the solution. Yes do consult a lawyer as I am not the one, but if he leave the country he "may not" be able to come in visitor visa again as he showed the immigration intent, but he should be able to again come through a counselor processing in Nepal. Here again, I believe, the counselors over there will not look at rejected case (I do not know if you have to mention in the new adjustment petition if the first one was rejected, please check) that you filed while he was here in US. Even if they find out, they will most probably see that your father left after USCIS told him to and it might act to his advantage.
My two cents thanks.
I would just like to spare some two cents on your behalf, just a caveat that I may not be completely right all the time. So it seems you might have forgotten to submit either yourself / your father's birth certificates for adjustment of status. They pointed out your error but then they did not send you the RFE most probably because:
- You father's visitor visa time is expiring anyway if it is issued on February. It is October and he needs to leave the country if wants to honor the visa requirements, that is what USCIS is mentioning there in the rejection letter.
- Adjustment of status will take some time, and until then the beneficiary has to maintain the legal status technically, which you father may be not able to do now since he is here more than 5 months I believe. Extension of the visa is possible, but it might be lengthy time consuming wait game, so USCIS is preferring not to process the adjustment. But the point is a US citizen can petition for parents who are here out of status too as far as I know. It seems like USCIS does not want to promote that thought process in your case for some reason (Please check it with your attorney if it can be an option for you) May be because your father got the visitor visa after you filed the petition on his behalf and did not mention his immigration case is running and USCIS now did not like this (?) I do not know when he got the visitor visa really before or after the petition. But I believe, you cannot technically get the visitor visa if somebody has filed petition for you already.
So coming back to the solution. Yes do consult a lawyer as I am not the one, but if he leave the country he "may not" be able to come in visitor visa again as he showed the immigration intent, but he should be able to again come through a counselor processing in Nepal. Here again, I believe, the counselors over there will not look at rejected case (I do not know if you have to mention in the new adjustment petition if the first one was rejected, please check) that you filed while he was here in US. Even if they find out, they will most probably see that your father left after USCIS told him to and it might act to his advantage.
My two cents thanks.