QUESTION
A foreign student needs counsel on how to respond to USCIS' denial of app for work because her app was sent before her college's app.
Asked on Jul 28th, 2015 on Immigration - Vermont
More details to this question:
Foreign student has been very successful academically, wants to work in US. Filed the Form I-765 in timely manner in May. College official did not file school's recommendation until the following month (June instant). Under USCIS regulations, the school must file its recommendation prior to the student sending in the Form I-765. Because of this, the application was denied. The only basis for a motion of reconsideration is if it can be proven that the decision was legally incorrect according to statute, regulation and/or prededent decision. Some guidance in how to proceed is appreciated. This student has completed a senior project over six months duration involving one of our horses and we beleive that she is a worthy and very capable person who would be an asset to our state and nation.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The college official is generally recognized as Immigration's person on campus and any mistakes which are acknowledged by the designated school official are considered ones that can be forgiven as technical violations by U.S.C.I.S. The foreign student should obtain written acknowledgment of mistake by the designated school official and file a motion to reopen the decision on the basis of technical violation.
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Answered on Aug 26th, 2015 at 6:18 AM