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DO EVERYONE GET A CHANCE TO APPEAL IN THE DENIAL LETTER FOR MARRIAGE BASED GREEN CARD?

Saint Cloud, MN |

I checked online and i saw my case was denied for I-485 marriage based after an interview where i told a lie to the officer about being enrolled in school meanwhile i was not and lost my status ever since i got here as an F1 student. I currently have no status can i be granted an appeal? I was made so sign a document with my wife stating she has to take care of me for ten years and we left

Attorney Answers 5

Posted

Yes in theory but I would not do anything without the assistance of an immigration attorney at this point. As you yourself can see, having filed this and gone to the interview without an attorney's advice has not gone well for you. This situation is not hopeless. DO talk to an immigration attorney.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Gunda Johanna Brost

Gunda Johanna Brost

Posted

While it is not called an "appeal" there is a motion to reconsider/reopen or the possibility of re-filing.

Posted

Relax! No need for such melodrama. Your situation is still salvageable. Just bring yourself to open your purse and spend some money on an immigration attorney. He or she will know what to do to rectify the situation and get you your green card, something which you have done from the beginning.

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.

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Posted

There is no appeal for adjustment of status denial. You can refile or file a motion to reopen.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Adjustment of Status is a discretionary action. There is no appeal unless there was an error of law or abuse of discretion. You can still process your immigration through the Am Consulate in your home country, but you have other problems. If you lied under oath, you may be guilty of perjury or visa fraud, which are both crimes of moral turpitude. You will need to file and have a waiver granted; it is available based on a showing of extreme hardship to your spouse. The services of an experienced immigration lawyer are indispensable.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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Posted

It appears the matters you describe are discretionary in nature. You should confer with an attorney with no delay: She/he will assist you and advise you.

TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.

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