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New immigration bill and spousal sponsorship?

Los Angeles, CA |

I was living in the US illegally for about 18 years , then I got married to a US citizen. He filed for my paperwork, I did finger printing last month. I'm now waiting for work authorization card and then the interview. Last week I caught my spouse cheating on me. I'm filing for divorce and want to withdraw my application for "adjustment of status". Should I just not go to the interview so my application is deemed abandoned and it gives me sometime to think about the situation. What if the congress passes the immigration reform bill meanwhile, will I be able to take advantage of that regardless of the fact that I did file for adjustment of status and will have work authorization soon? If I withdraw my application will it trigger removal proceedings?

Attorney Answers 5

  1. If you're certain you want to withdraw the I-485 then instead of simply not showing up to the interview you should send a notarized letter to the USCIS service center handling your application with your name, A-number and receipt number, stating you are withdrawing your application. If the interview is scheduled, you should send the same letter to that field center. Withdrawing the application won't automatically trigger removal proceedings, however you could eventually be sent a Notice to Appear.

    It's impossible at this time to discuss how immigration reform will affect you, if at all, because nothing has been passed yet. If and when it does pass you should consult with an attorney to determine whether you are among those who can benefit from it.

  2. I agree with Attorney Singh. The withdrawal can be done without appearing, but you should also send it certified mail with return receipt. You 'may' be placed in immigration court for removal, but this does not happen all of the time.

    This is general information, not legal advice, and does not create an attorney client relationship.

  3. I think it is quite possible that in Los Angeles, withdrawing your application for adjustment might result in removal proceedings. However, the same thing could happen if you go to the interview and your and your spouse are no longer together. Note that as long as your husband does not withdraw his visa petition (I-130) for you, technically you are still eligible to adjust your status to permanent resident, as long as your marriage was "bona fide at its inception" -- in other words that you didn't marry him just to get your green card. You might want to go to the interview and explain that you were thinking of withdrawing because of your husband's cheating (take documentation of that if you have it), and you might just get a sympathic examiner who will approve your residency. However, if you DO divorce before your case is approved, then USCIS will legally need to deny it, since the visa petition can no longer be approved if the marriage is no longer in existence.

  4. I agree with the other attorneys. Have you looked into other visas you may qualify for despite your planned divorce? Many times people do not know all the options that are out there.

    LORIC, Immigration Solutions

    Rodrigo Ivan Canido
    Managing Attorney

    3333 Bowers Ave, Suite 130
    Santa Clara, CA 95054
    Tel: 650-279-5933

  5. To add to my colleagues suggestions, keep in mind a divorce takes a minimum of six months to finalize unless you qualify for a summary dissolution. I would tend to agree with the idea of attending the interview (so long as your husband hasn't revoked the petition) and presenting evidence of a bona fide marriage, and evidence of cheating. Why surrender a chance at a green card and citizenship when you didn't screw up the marriage?

    And regarding immigration reform; we don't have any specifics of the programs since it hasn't been passed yet, so it's pointless to speculate at present.

    Best of luck,

    -Sanjay A. Paul, Esq.
    (888) 373-2602

    This is not legal advice. No attorney client relationship exists between us.

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