Work authorization, social security Driver's license were issued by the USCIS. the wife is a USA and citizen child went to the interview. the passport was stamped as pending status. on or about 90 days after the USCIS Interview a denial letter was issued on the Adjustment of status. this letter was send in 2009.The letter stated to appeal the case within 30 days and it wasn't done. The letter says that she would qualified for permanent resident because he has an U.S citizen wife and an US citizen child. what should be done.
You need to meet with an attorney ... to sort things out. It will be worth every penny of the consultation fee you pay.
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.
Get an attorney before you answer anything else. Getting work authorization does not guarantee anything.
Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.
...I didn't know the DMV and SSA were now under the purview of USCIS......
Please meet with immigration counsel to properly address the immigration issues.
I agree you need to consult with an immigration attorney. The fact that the adjustment of status was denied means that you could be placed in removal proceedings before an immigration judge. Consult with an attorney on how to proceed. My office routinely handles these type of matters.
Ms. Dixon is a former I.N.S Trial Attorney
Sounds serious and complex. Need new sponsorship but with waiver based inadmissability based on fraud but that might not be waivable. Hire a lawyer today to preserve your legal rights.
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In New York if you were inspected notwithstanding entry with false documents, you can adjust status but will need a waiver of inadmissibility. The waiver is based on your spouse's hardship. Sadly the old case is too old to revive. Come in to speak about what to do if you wish to proceed. We have successfully handled many waivers and complex cases in our 45 years of legal practice within the immigration field.