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Appeal I-290B how long it take to get update on our application? and what should be done?

East Brunswick, NJ |
Filed under: Immigration

my spouse is waiting for GC through marriage. It was denied because he needed to send some documents to confirm the marriage, and though we sent it, USCIS said they did not receive it.
we filed an appeal and showed receipt of sending the documents. The appeal is pending more than 7 months. Is there anything we can do? His drivers license will expire in a month and NJDMV refused to extend it.
we scheduled an info path appointment at local USCIS office, but we were told that they can't give any information since our case is in VSC and they don't see any updates in their system.
Is there anything that can be done?

Attorney Answers 5

Posted

Yes, there are things that can be done such as following up with the VSC, applying to renew the current work authorization or reapplying. Appeals can take a very long time. If you were working with an immigration lawyer from the beginning, you would not be in this position. Better late than never to correct that.

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thx that was so helpful

Asker

Posted

If i refile I-751 would they accept it since it was there mistake from the beginning even if my green card expired and denied

Eric M. Mark

Eric M. Mark

Posted

You really need to come in for a full constation to review your denial, your evidence and determine the best option. I cannot offer such specific advice in this forum.

Posted

You could just refile for her adjustment of status, and meanwhile you can apply for a work permit and travel permit while the appeal is pending.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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thx for your help

Asker

Posted

If i refile I-751 would they accept it since it was there mistake from the beginning even if my green card expired and denied

Posted

You described several considerably difficult issues.
Be as it may, you may agree with me , that your immigration matter obviously calls for a splendid immigration attorney to diligently apply legal skill, expertise and logical vision to your difficult case.
I am afraid there is no other option.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

If i refile I-751 would they accept it since it was there mistake from the beginning even if my green card expired and denied

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

You need to speak with a practicing immigration attorney without any delay.

Posted

I agree with my colleagues. At this point it is best to re-file the green card paperwork. Hire an attorney to assist you so you do not encounter unnecessary delays.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

If i refile I-751 would they accept it since it was there mistake from the beginning even if my green card expired and denied

Posted

If your spouse is a pending applicant for adjustment, he is entitled to file for a renewal work authorization card.

You should consult with an attorney about your case.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

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If i refile I-751 would they accept it since it was there mistake from the beginning even if my green card expired and denied

Steven Sahag Vosbikian

Steven Sahag Vosbikian

Posted

Refile the I-751? Your question is worded as if you are filing for the GC, not filing a I-751. You need to pick the phone up and call an attorney. You're in WAY over your head. You can represent yourself, but this is an attorney's job. Your status in the United States is at stake - you cannot put a dollar amount on this. Be smart and call an attorney. Don't be foolish and try to figure this out on your own.

Asker

Posted

thats what teh attorney is saying and i dont understand it how can i reaply for I-751 if its denied already

Steven Sahag Vosbikian

Steven Sahag Vosbikian

Posted

There is no appeal to the denial of the I-751. Once it is denied you are placed in removal proceedings (deportation Court). Make sure you address is current. Were you served with a notice? You better find out! This sounds like a mess. Call an attorney as soon as you can!

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