Can we also file a working permit for my spouse while appeal/motion in on process? If so, what are the forms to fill and requirements?
If I'm the only one with income it will be difficult for us to pay our bills and atty to fight our case.
There are non-profit legal service agencies in NJ that you might want to contact.
I can't really comment on a work permit without reading the actual language of the denial.
Have they started removal proceedings before an immigration judge ... yet? Normally that is their next step.
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.
YOu need to see a lawyer ASAP. You are not going to succeed in appealing an I751 denial on your own. In order to give you competent advice, it's necessary to see the denial and speak with you. Your spouse's future in this country, and possibly your time together, are in real jeopardy. Don't waste any time, call an immigration lawyer to review the details. There's a good chance your spouse will be able to work.
You should call the Catholic Charities organization if you can't afford legal representation. You can't afford not to get legal help.
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
Once USCIS (U.S. Citizenship & Immigration Services) denies the I-751 , their jurisdiction over the case (their power over the case) is absolved. What this means for you is - you cannot file an appeal with USCIS. They are done with your case. T
After the I-751 denial, EOIR (the Executive Office of Immigration Review) will gain jurisdiction (power over the case). Your wife will be issued a NTA (Notice to Appear). She will be placed in removal proceedings (removal proceedings is a fancy word for "deportation court"). The reason for this - the denied I-751 by USCIS.
At this point, there are no forms. The Court has "de novo" review of the I-751, meaning they can review it again. My VERY STRONG SUGGESTION to you is that you hire an attorney. You could not get the I-751 granted with USCIS - they is a very strong probability that you will not get it done in front of a federal immigration judge. If you lose in Court, your wife will be removed (deported). I am sure she is worth the cost of hiring an attorney. Many will work with you and have payment plans.
Call an experienced immigration attorney ASAP. You are in WAY over your head.
This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship.
What type of appeal or motion is in process? Normally, when an I-751 is denied, the matter is referred to the Immigration Court, where you will have an opportunity to ask the Immigration Judge to independently review the case. You should consult with an attorney to discuss further.
The above is general information only and should not be construed as legal advice or creating an attorney-client relationship.