The officer wanted to reschedule because our petitioner, my brother wasn’t there. His supervisor said to interview us. He verified basic info. Then he said, "I see here that you paid for 245i” (we overstayed from ‘89 & our I130 was filed on 4/17/01) He asked questions from the I485(both of us the same time then he said to my wife that he sent in a visa availability request). I answered yes to some of them (I was a police officer in Trinidad & I was arrested for driving without a DL) I gave him everything I had on the arrest but I didn't have the incident report. He told us to get it & comeback. When we came back we asked him if he could stamp our passports he said "no because you're not approved". We asked him when we would know & he said, "When you get a letter from us or your card, whichever comes first."He said “I have to look deeper into a couple things & get my supervisor to go over a couple things."
At a minimum you need to allow at least 60 days to pass since you were not in possession of all required documents at your interview. There may be other issues with your case but since we don't know all the facts (just because your I-130 was filed on 04/17/2001 (prior to 04/30/2001) does not automatically make you eligible for 245(i) benefits, a fact many people do not know) we can't determine whether there are any other issues.
How best to proceed really depends on whether there are other issues with your case. At this point you may find it helpful to consult with an experienced immigration attorney who can review your case and determine what, if any other issues there may be, and what can be done to facilitate adjudication.
Get free answers from experienced attorneys.
27,534 answers this week
3,009 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary