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  • umesh please comment

    What happens, if AOS petition based on marriage to USC in not approved duing first interview? Does the applicant get second chance or he can appeal etc etc.

  • #2
    What happens, if AOS petition based on marriage to USC in not approved duing first interview? Does the applicant get second chance or he can appeal etc etc.


    • #3
      First, i am not Umesh, but i think i can answer of your request. If your application is denied, INS would inform you why and if you think that you can overcome that denial reason then you need to file a motion with INS to reconsider your case again based on overcoming that reason of denial and if INS still does not satisfied with your answer of the denial issue then they will keep their previous decision as it is means CASE IS DENIED and you will be issued a deportation order.

      If you do not leave the country voluntarily or caught by INS after that or choose to appeal the decision of the INS, then you will be presented in front of a immigration judge who will decide your fate. If you can able to prove that you are entitled to the p.residency or able to prove that your us citizen wife would face EXTREME HARDSHIP, if you were deported and if judge would have got convinced of your reasons or arguments, then you will be given right away on the spot a p.residency and no more other paper works.

      But, if judge also denied your case, then you need to appeal with Board of Appeal and if you still do not succeed then you are allowed to appeal your case upto the U.S.Supreme court. But, be remember, once your case is denied by the INS, and you choose to appeal, the timing is very important for each appeal since you have only 30 days to appeal after the denial- decision and appeal is a very complicated matter, so you must need a professional help from a attorney who is specialize in trial and not every other immigration attorneys since 99% of immigration attorneys only do their job on papers and not the trial types of jobs, i means to fight for you in the court. It is entirely upto you whom you would choose at that time, but do not gamble this situation since your life would be in line if anything goes wrong. If you need trial attorney at that time, you can contact me and i will provide you the names of some of them, but you need to tell me where do you live.

      By the way, why do you think that your case could be denied. Do not assume or speculate anything yet unless you know something about you already which i don't. It is also true that marrying with the us citzen does not means that you will automatically entitled to p.residency while you need to go thru lots of other grounds of denial such as criminal histories, medical histories, any violation of immigration laws in the past, or have lied to the INS in the past and etc.,

      I, personally do not think that you will be denied for p.residency if you never committed any murder, Most of other grounds for denial, you can overcome easily since ins would tell you how, specifically you are the spouse of a us citizen, which also make your case easy to get approval on any waiver, if you need. So, do not be panic until you know the reason of denial unless i do not know something which i should know now in order to give you right advise, you know what i means. Good luck.


      • #4
        Thanks Umesh.


        • #5
          I am not umesh, and matter of fact i really even do not know who is umesh and never read any of his posts before. I am new on this board and devoting my time and energy for my passion of helping others in this field. I do not have time for others stupid, childness games which are being played over this board by some of persons. I wanted to limit my time for giving the advises on immigration questons only and not on some children games as some people are doing over here.
          And, what does it make difference if sammy is umesh or someone else as long as questions are being answered. This board is designed to share immigration situations only rather than to criticize someone or play other games. If someone can not answer or advise on immigration issues, then at least do not discourage someone to help others or waste their time in other unrelated conseversations or topics. We should be focused on immigration issues only. No wonder, why umesh took off from this forum, and i will also, because of people over here, since other matters are more important to them rather than main issue of immigration.


          • #6
            I really do feel your frustration and so do many others on this board, but you really seem to be of great help and I really would hate to see you leave already.

            All I can do is suggest that you please, take into consideration the people that are really here for help are not the ones posting these childish and crude remarks. They are here for your help, Umesh Passi's, and any other intelligent mind that can offer them good advice.

            Please, don't get discouraged. This board could really use someone like you.

            Thank you for everything that you have offered so far. You really have been so wise and so kind.

            God Bless and Take Care!


            • #7
              I am really impressed with the detailed reply u posted in responce to my post. I appreciate ur efforts & helping attitude.
              The post above "SAYING THANK U UMESH" is not my post. Someone is trying to offend u. Don't bother about it. There are imposters on this board, who create confusion & bad feeling. Thanks again.


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