Fairfield, CA asked in Immigration Law for California

Q: I filed an I-130 for my husband, but I missed two interviews. The first one because the notice came late.

The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?

Related Topics:
2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Immigration Law Lawyer
  • Wheeling, IL

A: You acted as your own attorney and created a situation which triggered a second scrutiny of your filed and pending case. Now even if you re file a brand new petition your case in the U.S. Government database would still indicated potential review for fraud.

If that alone is not a compelling reason to retain an apt immigration counsel to resuscitate that situation, I do not know what would be.

Al Parsad
Al Parsad PRO label
  • Immigration Law Lawyer
  • Rohnert Park, CA
  • Licensed in California

A: Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the petitioner. So, if this was a stand-alone I-130, your best bet at this point is to contact an immigration attorney asap who may want to screen you for a potential Adam Walsh issue.

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.