I cancelled my husbands appointment being that we were given child custody of his 9 year old daughter (US Citizen) and in school and could not leave her with anyone since he has no family here where we live. I was told by an atty that chances were that my husband might have to wait out at least 6-8 months for the approval since he came in as a illegal immigrant. Furthermore, a Family Svcs. Atty told us that we could alslose custody of his daughter if he were away for 6 months (plus). Although he has been here 11 yrs and we had court papers for his daughter, we did not want to risk losing custody to the biological mom since she was found unfit in the first place and is why we had custody of her, so we cancelled his VISA interview appt. We are still waiting to hear from USCIS. What next?
I am a bit confused. Consular interview cancelled - ok. What are you waiting to get from USCIS? Also (and I am playing a guessing game here), sounds as if this is an I-601A case. If this is so, see an attorney as to how best handle this situation. With an approved I-601A, he should be out of the country very briefly for the consular interview (as opposed to regular I-601).
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6 lawyers agree
Sounds like you have already consulted with at least two attorneys who know more about the situation the I do.
In general, if you cancel an appointment and re schedule it can delay the process anywhere from a month to 6 months depending on the policy of your local USCIS sub office. It is very important and I suggest you prepare to have childcare the next time or bring the child with you.
4 lawyers agree
Listen to your attorney. He knows the facts of your case, we do not.
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6 lawyers agree
I agree with my colleagues.
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