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

Los Angeles, CA |

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

can my wife still work while on process of appeal/motion?

Attorney Answers 4

Posted

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-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Asker

Posted

if there is a denial, will it make my spouse out of status and will not able to work? if so, can we request for working permit while the appeal is on process? thanks for your response.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Speak to an attorney as a number of questions would need to be asked of you in order to provide a good answer.

Posted

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 attorney to discuss your individual case.

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Asker

Posted

if there is a denial of ROC and we filed an appeal/motion, will it make my spouse out of status and will not able to work? if so, can we request for working permit while the appeal is on process?

Posted

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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Asker

Posted

if there is a denial of ROC and we filed an appeal/motion, will it make my spouse out of status and will not able to work? if so, can we request for working permit while the appeal is on process? thanks for your response

Aneliya M. Angelova

Aneliya M. Angelova

Posted

You need to concentrate on the current situation and provide evidence that the case should be approved. You need to provide more facts - what kind of case, reasons for intent to deny, etc. Schedule a consultation with an immigration lawyer and provide all facts and documentation, so she/he can advise you accordingly.

Asker

Posted

thanks!

Aneliya M. Angelova

Aneliya M. Angelova

Posted

You are welcome!

Posted

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.

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