Guestbook Entry for Erfan Mohammed, United States
Name
Erfan Mohammed
Country
United States
State
Oregon
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I-140 revocation based upon fraud reversed
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Green Card
TSC Updates – 05/14/10
Reopening of a denied I-140 case - Cases when a denied I-140 is reopened, the center (TSC) usually reopens any ancillary applications like I-485, I-131 and I-765 that were denied only because of the denied I-140. Generally the procedure takes about 60 days for the file to be acquired form National Records Center or AAO and to reopen. If the ancillary cases are not reopened within the 60 day period members can make an inquiry with the NCSC customer service line or –email to Streamline.Tsc@dhs.gov