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What could be the hold up? Our Interview was nearly 2 weeks ago.

West Palm Beach, FL |

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."

Attorney Answers 5


Dear Sir, I do not see anything to worry about right now. Nowadays, most officers do not stamp the passport like they once used to. Please allow 30-60 days. If you don't hear anything, then follow up or hire an attorney to follow up. Regards,

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There is no required timeframe for the officers to render a decision. Be patient. Two or three months is a reasonable period of time to wait. You could hire a lawyer to help.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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2 weeks is not a long time to be waiting.

Your case could take many months ... especially since you're here illegally since 1989.

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.

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Could be that there's no hold up. I wouldn't worry for now.

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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.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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