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.?

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • 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
Answered
  • 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.

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