Can a federal court order a visa reconsideration?

To be sure, if the legal grounds for the denial are sufficient, a frivolous request for reconsideration is improper and a burden on U.S. government resources. However, as the legal precedent described above indicates, certain courts do have jurisdiction to order that legitimate requests for reconsideration be adjudicated.

What happens when you request reconsideration of a visa denial?

The ruling carried significant meaning, as it means that a denied applicant’s request to reconsider will be heard. Visa officers face an enormous daily workload of visa applications and administrative processing, and it is true that long processing delays do sometimes occur.

Can a motion to reconsider a decision be denied?

We also discussed the fact that a Motion (also known as “request”) to Reconsider is possible under Federal Regulations found under 22 C.F.R. Section 42.81. Problem is, although such a request is possible, processing delays and pessimism following a denial prevent many people from pursuing a valid reconsideration request.

Should the u.s.spouse in a marriage-based visa case?

You (and your spouse) should remember that you are the one being interviewed. The consular officer will become concerned if it appears that the U.S. spouse is the only one who can or will provide information in the case. Your spouse should remain quiet unless the interviewer asks a direct question.

When to remove a spouse from an immigrant visa?

The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa. You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa.

Can a spouse of an US citizen get an immigrant visa?

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required.