Refusal or denial or revoke , pls let me know

Hi saurab,

Here exactly I got the mail from uscis.

1.Pls let me know is this refusal or denial or revoke.

2.Am I eligible for cap exemption.

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible

for a visa under the following section(s) of the Immigration and Nationality Act(INA)

*Section 221(g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents

required in connection with the visa application, or who has failed to submit sufficient credible evidence to

support the claimed petitionable relationship. the following remarks apply in your case.

  • Consular investigation revealed that there is no qualifying employment for the beneficiary.

  • Your case is administratively closed at the Consular Section. Consular officers apply a 'reasonable person

standard’ when evaluation the bonafides visa applicatoins (9 FAM 42.43 N2.2(3)). The basis of the return of a

petition for revocation is also "evidnec that USCIS did not have available at the time of adjucation and that such

evidenc, if available, would have reslted in the petition being denied". These facts establish that the petition

is invalid. Further, these facts, as ascertained by consular officers, would convince a reasonable person that the

circumstances constitute misrepresentation to evade immigration laws.

Therefore, pursuant to FAM 41.53 N2-3, the reviewing officer has decided that the petition should be returned to

the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be reviked. The process

includes review by the Nonimmigrant Visa Chief. When USCIS receives the returned petition, they will contact

Petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the

petition, the beneficiary may become ineligible for visa under immigration and Nationality Act Section 212(a)(6)

©(i) (or tother appropriate section). If USCUS reaffirms the petition, the petition will be returned to post for
further processing.


I have replied to the other post where you have posted this reply.