Oviedo, FL asked in Immigration Law for Florida

Q: What happens when an adjudicator approves a petition and a second adjudicator sends a NOID on an identical petition?

2 identical I129R1 petitions, filed 2/15/2019. One is approved on 6/20/2019. We receive a NOID on the second petition on 8/3/2019 because the proffered position is not a religious occupation. Both petitions are for the same position. Can USCIS have it both ways? It is and it isn’t a religious occupation? Which decision takes precedence?

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2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Its like two people would have different opinions on one identical case even given the same frame work to consider. Immigration cases are not like mechanic system where with one input one may expect the output. That's why you need lawyers to make argument for you.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You need to show the second adjudicator that it is. You obviously feel that it is a religious occupation, and even others at USCIS do. Your task is to show them how it is.

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