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Marriage based Adjustment of Status!

Los Angeles, CA |

As, discussed by a number of esteemed Immigration Attorney's here if,initial green card interviews goes awry the officer will schedule a Stoke's interview.

What if Stoke's interview also fails so,the beneficiary will automatically be placed in deportation proceedings or the beneficiary will be allowed a court hearing in front of the immigration judge?

Attorney Answers 3


The adjustment process before USCIS involves filing the family based visa petition and the adjustment of status application, often together. When the interview is conducted it is usually in two parts. First the officer will ask a number of questions regarding the marriage. The Stokes interview involves questioning about the marriage. The couple is separated and questions asked by the same officer but separately for the husband and wife. If the officer is satisfied, the interview proceeds to the second portion for the questions from the I-485. If the Stokes interview is not successful, you could get a request for additional evidence or there could be a denial of the visa petition. A denial of the visa petition cannot be reviewed by an immigration judge. It can however be reviewed in a federal district court if the decision was arbitrary and

You maynwish to consider meeting with an immigration attorney to help prepare for the interview.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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No a notice of intent to deny will likely be issued first. You can respond to that. If that fails a nata will be issued. You can not renew the i130 in front of immigration judge

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

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I agree with my esteemed colleagues. If you have not already done so, it is strongly encouraged that you contact and consult with an immigration attorney before filing anything with USCIS. I also encourage you to have an attorney accompany you to the interview.

Good luck.

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DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.

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