Received a NOID and we file an appeal/motion to USCIS

question 1: what will be my spouse's status? question 2: how long does it normally take once we submitted our appeal/motion?

Los Angeles, CA -

Attorney Answers (4)

Jeff L. Khurgel

Jeff L. Khurgel

Immigration Attorney - Irvine, CA
Answered

After receiving a NOID, one would submit a response to the NOID, not an appeal/motion. If there is a denial, the appeal/motion can be considered. Speak to an attorney as a number of questions would need to be asked of you in order to provide a good answer.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

Best to discuss it with your lawyer. If you don't have one, Avvo has a terrific "find a lawyer" tool so you can find a top-rated (10) Avvo lawyer within a mile or two of your house.

Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
Answered

You cannot appeal a NOID, you can appeal a denial. Your spouse's status after filing an appeal depends on what you are appealing and what was her status before. There is no set amount of time it takes CIS to process an appeal or motion to reopen, and in addition, it may depend on what you are appealing.

The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
Aneliya M. Angelova

Aneliya M. Angelova

Immigration Attorney - Marlton, NJ
Answered

What are you going to appeal? There is no decision yet. You or your lawyer should respond to the NOID and persuade USCIS there is no reason to deny.

This answer is for informational purposes only and should not be construed as legal advice.

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