A friend who was living with us got married to a US citizen in 0ctomber 2003.She filed for adjust of status based on marriage in february 2004 .In April she got her work permit and was also fingerprinted.When they went for interveiw in august the husband was arrested for violating a parole that his wife was not aware of.They were invited for a second interview in september but she wrote them a letter saying they could not make it because her husband was incarcerated.She never heard from the bcis but a month later she got a letter of denial for reason of not appearing for the interview.Her husband was later released in November of 2004 and they moved in back together.Now they dont know whether they can refile again or are not aware of any options available to them ..Can anyone out there advice this young and so in love couple.Thanx.
He was charged with assault ...he is not willing to talk about it but his record says assault.Doest it really matter?i thought as long as he is free and a US citizen he can marry who ever irrespective of his past hx.Shed some more light please..
Whistleblower If the AOS was denied for non-appearance, you can either file a MOtion to Reopen under CFR 8.103.5 or you can refile the whole package. Refile is better because it is less time consuming. However, you have to pay the fees again . If you are in Removal proceedings because of the denial, you can refile it in A Removal proceedings without problems. If you need more info, let me know.
Thanx legal nut,we certainly need more info on this.Do you think its advisable for her to just refile it herself or get an attorney....she has had bad experience with lawyers before and we will appreciate it if you let us know what forms we need to fill out...Thanx.Hit my inbox if you dont mind.
Whistle Its advisable to refile with an attorney. Since the first filing was denied for non appearance. You can check out non-profit immigrant organizations to see whether they can help you. Where are you at? I may give you some info .
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