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I-130 Interview Wednesday - Husband has been deported

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  • I-130 Interview Wednesday - Husband has been deported

    INS has scheduled an I-130 interview for us (after years of waiting) for this coming Wednesday. 2 weeks ago we rec'd the news that our appeal of my husband's deportation had been denied and that the stay of deportation had been lifted, so he could be arrested any time. He chose to leave and use his Visa for Canada.

    I have been advised to attend the interview alone. However another attorney advised me that they may not adjudicate our application (I-130) because my husband is not present at the interview. The "invitation" says to come alone if the beneficiary (my husband) is not living in the USA. The attorney told me if they start to deny my interview I should ask to have the case referred to the Nebraska Service Center for processing, rather than having them deny the application.

    Background info: Husband came here 12 years ago, J-1 Visa. Had an asylum case before we married. We've been married almost 8 years. They still haven't acted on the 2 year Waiver we filed 6 years ago. He lost the asylum case, his attorney never notified him, we appealed the deportation because of ineffective counsel (the NY Bar investigated and punished his attorney), but our appeal was denied.

    Thanks for any advice on attending the I-130 interview. I'm strapped for cash after all these legal fees for other stuff and the cost of moving him to Canada and supporting him there until he finds work. He is NOT Canadian, he is from the much despised Middle East.

  • #2
    INS has scheduled an I-130 interview for us (after years of waiting) for this coming Wednesday. 2 weeks ago we rec'd the news that our appeal of my husband's deportation had been denied and that the stay of deportation had been lifted, so he could be arrested any time. He chose to leave and use his Visa for Canada.

    I have been advised to attend the interview alone. However another attorney advised me that they may not adjudicate our application (I-130) because my husband is not present at the interview. The "invitation" says to come alone if the beneficiary (my husband) is not living in the USA. The attorney told me if they start to deny my interview I should ask to have the case referred to the Nebraska Service Center for processing, rather than having them deny the application.

    Background info: Husband came here 12 years ago, J-1 Visa. Had an asylum case before we married. We've been married almost 8 years. They still haven't acted on the 2 year Waiver we filed 6 years ago. He lost the asylum case, his attorney never notified him, we appealed the deportation because of ineffective counsel (the NY Bar investigated and punished his attorney), but our appeal was denied.

    Thanks for any advice on attending the I-130 interview. I'm strapped for cash after all these legal fees for other stuff and the cost of moving him to Canada and supporting him there until he finds work. He is NOT Canadian, he is from the much despised Middle East.

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