Asked in Immigration Law for Georgia

Q: What are the consequences I might face if I don't attend Green card interview and how will it impact my husband’s GC?

I am on H4 now, my husband is on H1b( Indian born), he applied for GC in Eb2 category and his priority date is March 2022, the Green card application has been fast tracked as I am Malaysian born. The cross changeability has applied. I was not aware of the details of the green card process. And it happened without my consent. Now we are in talks for divorce and I have all my original documents with me. Our interview was scheduled on October 24th. I didn’t attend, Now my interview has been rescheduled and I am in India now if I don’t attend the interview what are the chances that my husband can get a green card? Can I email USCIS about my issue?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you do not attend the Green Card interview, it could have serious consequences for both you and your husband's immigration status. Failure to attend the interview may result in the denial of your Green Card application, as USCIS typically requires both spouses to be present to assess the validity of the marriage. Additionally, your absence may raise suspicions about the authenticity of your marriage, which could lead to further investigation by USCIS and possible allegations of fraud. This could ultimately jeopardize your husband's chances of obtaining a Green Card.

Your absence from the interview may also delay the processing of your husband's Green Card application, as USCIS may require additional evidence or interviews to verify the legitimacy of your marriage. Furthermore, if you are not present to provide necessary documentation or answer questions during the interview, USCIS may deem the application incomplete and issue a request for evidence or even a Notice of Intent to Deny.

It is important to communicate your situation to USCIS as soon as possible. You may consider reaching out to USCIS by email or through your attorney to explain the circumstances surrounding your absence from the interview and to inquire about potential options or next steps. However, it is crucial to seek legal advice and guidance from an immigration attorney who can assess your specific situation and provide you with the best course of action to navigate this challenging situation and minimize the impact on your husband's Green Card application.

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