I-140 was Denied, can person denied leave and try other VISA?
Hello, my familys green card was denied (dads I-140) after an eight-year wait in the US.
Right after the denial, my sister, my mom and I left the country... and my dad stayed (I guess, illegally).
(1) Lets say, my dad leaves the US... will he be banned for a certain period? Forever?
(2) I am about to work as a Flight Attendant in my country, will the fact that my dad lives in the US ruin any working VISA opportuny?
(3) My sister and I went to the US while we were still underage (Her - 10, Me - 6) and lived there for 10 years, will the green card deniel ruin any future opportunities of visiting the US also? (considering the fact that it was my parents choice to immigrate)
I hope you guys can help me out, because I was raised in the US and still have a lot of friends and places Id like to visit...
Form I-140 is a Immigrant Petition for Alien worker, was the Labor certification approved?
General reason for I-140 denial is: The USCIS appears to dig into the I-140 supporting documentation and develop issues of I-140 denial from these evidence, such as income tax returns, W-2 copies, etc., which can be used to challenge employers financial ability to pay, or existence of real permanent job or real business, or legitimate nature of job opening as related to the familial relationship between the employer and the alien, etc.
Once Form I-140 is denied: In many instances, if a case is denied, the petitioner may file a Motion to Reopen or Motion to Reconsider. Most motions must be filed within 30 days of the denial and require an additional filing fee. If the Motion is denied and the petitioner or applicant decides to file an appeal with the Administrative Appeals Office (AAO), then the AAO may take another year or longer to finally adjudicate the case.
The fastest and easiest solution for many petitioners and alien applicants would be to re-file the application, with a new filing fee, and submit all documents up front to avoid the denial.