What if I submitted an NIW petition prior to November 12, 1999 which was later denied? Can I move to reopen the denial of the NIW in light of the new law?
A10. According to the interim regulations, you can not move to reopen your denial since the NIW petition was not approvable according to the law which existed when the petition was filed. However, if your NIW denial is still on appeal or in litigation, INS will support that the petition be remanded to the appropriate service center for a new decision. If your NIW petition is still pending at the service center, you will be allowed to submit additional evidence to support the granting of the petition.
Related Questions
- What if I submitted an NIW petition prior to November 12, 1999 which was later denied? Can I move to reopen the denial of the NIW in light of the new law?
- What happens if my I-526 petition is approved by the USCIS and later denied at the Consulate interview?
- Can a canvasser application be completed prior to a recall petition application being submitted?
