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What is the worst that can happen if you cancel a VISA interview appointment?

Dallas, TX |

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?

Attorney Answers 4

Posted

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).

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Asker

Posted

I did all the processing myself of all the applications, paperwork, etc. However, the free-consultation appt with atty, stated that we should receive a notice in the mail stating we cancelled the appoint. Until then, we cannot resubmit the application process again. I had sent in the I601but was sent back to me stating he should hand carry it to the interview and that is when we found out he might be gone for that length of time and decided to cancel and wait. Afterwards we started hearing about changes to the immigration process and now the reform.

Asker

Posted

correction: What we have been waiting for is a letter stating we voluntarily cancelled the VISA application process. Are we going to get such letter?

Irene Vaisman

Irene Vaisman

Posted

most likely the letter will come. But again, looks as if this is a good I-601A case, but you really need to work with an attorney as timing on what you did yourself will become very important.

Asker

Posted

thank you.

Irene Vaisman

Irene Vaisman

Posted

you are very welcome and best of luck

Posted

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.

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Asker

Posted

We were going to take my step daughter with us but what about her school? Then, if my husband was left and I came alone with her, her mom would probably take me to court to take her away from me seeing that the father was away. We didn't want to risk it. We have no family members to help look out for her. It is only us three here in the DFW area.

Posted

Listen to your attorney. He knows the facts of your case, we do not.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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