What can you do when Immigration discovered that the visa or I-94 was counterfeited but I-130 aproved?

Asked over 1 year ago - Rockville Centre, NY

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.

Attorney answers (6)

  1. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  2. Cynthia Beth Rosenberg

    Contributor Level 16

    6

    Lawyers agree

    Answered . 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... more
  3. Toria Lynn Dixon

    Contributor Level 4

    4

    Lawyers agree

    Answered . 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

  4. Jennifer Maude Oltarsh

    Contributor Level 4

    4

    Lawyers agree

    Answered . 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.

  5. Jeffrey Jose Estrella

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

    THE ESTRELLA LAW FIRM, P.C.
    “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE”

    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
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    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  6. Jose Antonio Moreno

    Contributor Level 15

    4

    Lawyers agree

    Answered . ...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.

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