Question:

Can the American Embassy in Cairo decline a visa approved by USCIS?

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Can the American Embassy in Cairo decline a visa approved by USCIS?

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4 ANSWERS


  1. Technically yes.


  2. yes the Emabassy can, you may want to come back here on your question to explain your situation better? if you wish that is?

  3. Yes, they can. For one thing, USCIS doesn't approve visas, they approve the petition that has been filed for the visa application. That may seem like a technicality, but it isn't. If the interview had no meaning, it wouldn't be required.

    Among other things, sometimes it happens that the applicant has some visa ineligibility or another based on a previous application or visit to the US. USCIS doesn't even look for those before approving the petition. The adjudication of the petition is based on the paperwork alone. USCIS is saying that based on the documents submitted, the applicant appears to be qualified, not that the applicant actually is qualified.

    However, having said that, the embassy can't actually permanently deny the visa, ;unless the applicant is legally ineligible for the visa due to some previous infraction. The embassy returns the petition to USCIS with a report of its findings. Eventually, USCIS actually reads the report and sends a Notice of Intent to Deny to the petitioner, who has 90 days to reply or the petition will be revoked. If the petitioner does reply, then USCIS has to make a determination on whether to uphold the petition and send it back to Cairo, or revoke it.  This process can take a very long time, as there is no mandated time frame requirement for USCIS to take action.

  4. Yes, absolutely.  I'll tell you something else...even if the embassy issues the visa the ICE agent at the port of entry can refuse the person entry and put him/her on the first flight back to Egypt (or where ever he/she came from).

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