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