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My i 130 was denied three months ago, for abandonment. can we still reopen it. and can we win the case.

College Park, MD |

right after our first interview, my wife and i started fighting a lot. we dicided to put our case on hold untill we get things straight( seek councelling) but since we had recieved a call in letter, the uscis considered the case abandoned. and i now we are in a good place and ready to move forward

Attorney Answers 3


  1. I think in these circumstances you are probably better off by just re-filing,


  2. Sorry, it appears that you did abandon the petition. As my colleague stated, re-filing is the best way to proceed.

    Get a lawyer ... you'll need to explain your previous marital difficulties.

    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.


  3. Better to refile.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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