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Change of status denied

Las Vegas, NV |

My husband petitioned me for change of status, I have an overstayed visa.I got my working authorization but there were some misinformation/mis communication between us and our lawyer and we thought our schedule for interview is may 9 but its in fact may 8 hence we missed the interview. The lawyer sent a letter to the uscis about what happened but I just saw online that our application is denied. What can we do now? I saw that we can reopen the case. Is my working authorization still valid? I am planning to change lawyer. If you can give me great advice we'll contact you. Thank you.

Attorney Answers 3

  1. Best answer

    Sorry to hear that. You have 2 options. You can file 2 motions to reopen because the two primary forms are separate or you can refile the case completely. While option 2 costs more the case will move faster.

  2. The most efficient (and sure) solution under the circumstances you describe is to refile the entire case again and pay the fees. It will b the fastest and surest solution to your sad misadventure. Filing any motion to reconsider or reopen is a pure exercise in futility that will not yield any result, but simply waste your money, hope and time. Refile the whole case and you'll be OK!

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. One of my colleagues suggested re-filing ... that's one good option.

    You can always make an InfoPass appointment to see if they will re-open.

    Lastly, don't be too quick to blame your lawyer. CIS always sends appointment notices to both the applicant and the lawyer ... didn't you look at the one you received directly form immigration?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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