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Can you tell us what your GC application is based on? Work? Marriage? It doesn't help you if we detail the rejection process for a sham marriage if you're talking about converting a dual-intent work visa.
In general, PO'ing the wrong people can get a legitimate application denied. The interviewer is one of those people.
Generally you can appeal a denial. You can (not may) stay in the country during the appeal, though you may be legally "out of status" and considered a visa overstay at that point. There is no tangible penalty for overstays up to 6 months beyond your required departure date (which may be as early as the day of the denial).
Beyond 6 months, if you stay in the US out of status, you will be barred from re-entry for 3 years. A 12 month or more overstay will get you barred for 10 years. Any overstay at all may net you a more aggressive interview in future GC applications and difficulty getting tourism or work visas in the future.
Deportation can occur to you if you are in any non-legal status, but generally the agencies responsible for deportation spend their time chasing after real non-legal-status criminals and not bothering with overstays with an otherwise clean record. Don't count on this being the case for you, but recognize that it is the way the system works, in general.
Filing an appeal of a GC denial can lead to deportation proceedings as you are increasing your visibility to USCIS. Then again, it can lead to a GC if your case is legitimate.
Thanks for the very helpful reply. Our application is based on marriage (we have been together for 4 years) I was really curious to know what we should expect at our interview. Any advice would be appreciated. I even heard of someone getting approved with 2 DUI's!
You have been married for 4 years? Then you should recieve a regular (non-conditional) Green Card upon approval.
Not being prepared for your interview can get you denied. Being argumentative with the interviewer can get you denied. You need to answer all questions the same way as your spouse. Getting too many wrong will get you a fraud interrogation or maybe an on-the-spot denial. A friendly interviewer might walk you into answering correctly. A hostile one might try to trick you into answering incorrecly. It depends on the interrogator's attitude and disposition that day, unfortunately.
Please see the responses to "What to expect from my Marriage Interview" (or the discussion of a similiar title a week back or so) for an idea of how bad/good it can be. Does someone know how to link to that discussion?
I know of cases which are approved on the spot and ones which lead to a denial and threats of fines and imprisonment (though eventually the couple won their appeal and were granted PR status).
hello everybody
i had my stokes interview on july 27,2009. we were interviewed seperately and it was videotaped. it went pretty smoothly and my husband and i had 2 answers that weren't matching. the officer didn't give us his decision on the spot, he said we will get the decision throgh email first and then mail. the officer didn't take my passport to stamp it. this has really worried me and my husband. aren't the officers supposed to take the passport to stamp it.
my husband and i didn't have anything missing. we brought all the documentation they asked from us. we even brought extra proof such as photos of family and friends w/ both of us, leases, utility bills, joint membership and bank accounts, and much more.
pls can anyone give any sujjestions or help. if anyone has this experience pls post it will really help and comfort us.
my husband and i can't sleep or eat from just thinking of it. is this common or uncommon?
thanks in advance
Stokes interview is fairly common. Do you mind telling us what answers did not match or if you prefer not to go into detail, were they big or small things (for example not knowing how many siblings the spouse has would be far worse than not knowing what flavour icecream they prefer)? I would say your chances of a visa are cautiously good, they tend to tell you if you are denied right away. They may need to check a few more things or you may be in AP (Administrative Processing- basically additional secuirty checks), which can take from a couple of weeks to a year or more.
If you haven't heard anything in a month, I'd contact them.
If your marriage is legitimate and you act like a normal couple, you should be fine. USCIS won't be able to build a convincing case against you if you have a legitimate relationship.
That said, you need to be on your guard. This is abnormal behaviour by USCIS. While a nasty immigration officer might "forget" to stamp your passport on the spot, if they don't make a decision AND they don't ask you for more information, AND you went in for separate interviews, you've tripped some serious flags. Not being able to spell a last name doesn't help either.
You should have a decision on the spot or a request for more information. Since you didn't you do need to prepare for the worst.
Don't beat yourself up over the interview now, just prepare for the future. Do not be surprised if immigration agents show up at your listed residences, your parents or relatives houses, etc. to check if you are living together and see if your application holds water. Don't freak out, and DO NOT ARGUE with them, EVER. Stay calm!
Even if it comes down to a bare-knuckle fight between you and USCIS, the rejection process takes a while, and you can prevail.
To help you get your footing and set your minds at ease, look around for some immigration attorneys in your area who will do a free consultation. Establish a relationship and see what they have to say about your case. Don't waste money paying for advice at this stage, as you're just going to get told to "wait and see" but any honest attorney will take 10-15 minutes to hear your case and let you know what to expect for free. You can use the experience to be ready to call someone to advocate for you if things go badly, rather than being caught flat-footed if USCIS sends you a fraud threat letter.
I know of cases where they've threatened huge fines and jail time just to see if they can get the couple to crack under pressure. So don't freak out if they hit you with that, the case I knew where this happened eventually ended in the couple's favor.
Thanks for the very helpful reply. Our application is based on marriage (we have been together for 4 years) I was really curious to know what we should expect at our interview. Any advice would be appreciated. I even heard of someone getting approved with 2 DUI's!
Watch the movie "Proposal" you will find a lot of your answers in there and you will have fun while watching it.
More and more marriage visa are denied because many are just scam's. If yours is legitimate you will have an easy time proving so...
Usually people who are scarred not to pass the interview on this visa, have something to hide...JMO
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