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what happens if your interview fails?

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  • what happens if your interview fails?

    I wonder what may happen to an immigrant who applied for AOS and his/her spouse jeopardaizes the interview (by willingly distorting/omiting/contradicting the answers/facts)?
    Will there be a second chance for the immigrant?
    Will she/he have to self petition or will BCIS ask him/her to leave the country?

    THANK YOU!

  • #2
    I wonder what may happen to an immigrant who applied for AOS and his/her spouse jeopardaizes the interview (by willingly distorting/omiting/contradicting the answers/facts)?
    Will there be a second chance for the immigrant?
    Will she/he have to self petition or will BCIS ask him/her to leave the country?

    THANK YOU!

    Comment


    • #3
      deport illegal aliens

      Comment


      • #4
        Can anybody else answer my question?!
        I'll appreciate any contribution.
        Thanks.

        Comment


        • #5
          I do not know - it seems that if the petition is based on marriage and the USC spouse is not supportive that is certainly not helpful and may even be enough to derail the process. Without knowing specific details it is hard to advise you but hopefully you get some needed information from someone with more experience soon.

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          • #6
            You definitely have a problem; I have rarely heard of situations where a spouse wilfully contradicts the facts in an interview; usually, if there is a problem in the marriage, they simply do not come to the interview at all.

            If your spouse is abusive, you may be able to self-petition. The relevant law here is called the "Violence Against Women Act," but my understanding is that both male and female immigrants could take advantage of it. You may qualify as long as your spouse is an LPR or USC, and they have been physically and/or mentally abusing you (although physical abuse is a lot more likely to be accepted by the BCIS, especially if there is proof in the form of police reports, etc.). If you qualify, you should be able to petition for yourself and possibly your children, if you have any.

            If VAWA does not apply to you, then I am not sure what your options are. Either way, if you do not have legal representation, you should probably seek it out ASAP. FYI, I think most Catholic Social Services immigration groups take on VAWA cases for free. If you are not a VAWA, they can still probably advise you for a low fee.

            Good Luck.

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