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My aunt and her family have a scheduled immigration interview appt in Peru but they are in the US already what can I do ?

New York, NY |
Filed under: Immigration

Should I withdraw my petition? Or is there anything else I can do?

I should clarify that the petition is from my mother's not from me. If Withdrawn can the petition be reopened?

Attorney Answers 3


You may reschedule your appointment free of charge by contacting the Applicant Service Center online at

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2

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I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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The important question is whether your aunt and her family qualify to adjust their status here in the U.S., or whether they are required to go back to Peru to finish the process there. If your mother filed the petition for them before April 30, 2001, it is possible that they might qualify to adjust their status in the U.S. If that is the case, you can look into informing the immigration office about this and getting their interview scheduled here. However, if that's not the case, then your aunt and her family will be required to go to the interview in Peru to finish the process if they want to get their green cards. If they have been out of status in the United States, they will have to ask for a waiver. To qualify for the waiver, your aunt will need to have either a spouse or parents who are U.S. citizens or green card holders -- your mother won't qualify to do the waiver for them. I highly recommend that your family talk to an immigration lawyer as soon as possible who can review the situation in more detail and give you a better idea of your options.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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