Sanford, FL asked in Immigration Law for Florida

Q: Can I reapply for adjustment of status with my husband?

My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my DACA status. Can we reapply for adjustment of status through marriage?

Related Topics:
6 Lawyer Answers
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If your Petition for Relative (I-130) case was denied due to abandonment, by not showing up at the interview, yes - it is possible to file again. Consider scheduling a consultation with a competent immigration attorney before doing so, however, to flush out any possible issues. With respect to "adjustment of status" (Form I-485), your question does not provide enough information to inform a reader as to whether you are adjustment eligible (e.g., you have a lawful inspection and admission or parole). Again, consider speaking with a competent attorney. Good luck!

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: When your case is abandoned, you must refile. Retain counsel who will prepare the application competently. Some of us charge very affordable flat fees to handle the case from start to finish.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: you can have USCIS reopen the I-130 proceedings by filing Motion to Reopen with 30 days of the denial.

Due to the ever-changing US Immigration laws, I strongly encourage you to consult an experienced immigration attorney to avoid any issues in the future.

Linda Liang
Linda Liang
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL

A: I-130 is not adjustment of status. I-485 is. So your husband has to refile I-130.

Svetlana Kats
Svetlana Kats
Answered
  • Immigration Law Lawyer
  • Cleveland, OH

A: Yes, since you are back together, your husband should refile I-130. Make sure to collect all the documents showing that your marriage is bona fide for your interview - including evidence of marriage counseling. Good luck!

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

A: Yes, but you will want to be prepared for extra scrutiny from USCIS under the circumstances. Prepare as much good faith marriage information as possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.