Hamden, CT asked in Immigration Law for Connecticut

Q: Defensive asylum in removal and individual hearing Is coming in 6 months . Married to us citizen and filed I-130?

I’m in removal procedures and filed defensive asylum . I married to us citizen and filed I-130 two months ago , my individual hearings are coming ? What are my options? I filed I-130 with solid paperwork package. Does uscis Always wants to interview I-130 or they can approve the Application based on Solid evidence And proof ?

Please let me know thanks . And how long will it take ?

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3 Lawyer Answers
Ebenezer Appiagyei
Ebenezer Appiagyei
Answered
  • Immigration Law Lawyer
  • Girard

A: It depends. USCIS generally requires An interview for I-130. it is most likely you may have to attend an I-130 interview. If you have solid evidence then you don’t have to worry about an interview. Please consult an Immigration Attorney.

Laurel Deborah Scott
Laurel Deborah Scott
Answered
  • Immigration Law Lawyer
  • Bedford, NH

A: Because your I-130 was filed after you were in removal proceedings, there is a presumption of fraud in the marriage that you will have to overcome. You will get a Stokes interview, which is a longer, more in-depth interview than most people doing I-130s. If your I-130 is approved, it is not clear from your fact pattern what happens next. If you entered without inspection, you cannot adjust status (except in certain limited circumstances) and will have to do a Provisional Waiver, but you cannot do that if you are in removal proceedings. At this time, it is extremely difficult to administratively close removal proceedings for the purpose of applying for a Provisional Waiver. And we haven't even gotten to the reason you were placed in removal proceedings, which may affect the rest of your case. You have a very complicated immigration case.

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

A: It is not unusual for USCIS to request an I-130 hearing when the beneficiary of the petition is in removal proceedings, particularly if the couple married while the beneficiary was in removal proceedings. If your question is: how long will it take for and I-130 interview, the answer is about 8-12 months, depending on where you live. If the question is: how long will the interview be, the answer is usually about 45 minutes to an hour.

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