Adjustment of Status: can we use a secondary residence?
We've filed an Adjustment of Status petition for my spouse with the help of an attorney. Unfortunately, while others in our cohort have already had their interviews, we're still waiting. Apparently San Jose, CA is one of the most backlogged offices in the nation, plus it's now processing cases offloaded from SF.
Our question: can we establish a secondary residence elsewhere, even if we typically live (together) at our primary residence in Santa Cruz, and ask for an interview at a less backlogged field office? We'd like to just get this process done with so my spouse can live, work and travel worry-free. (We do have the temporary EAD/AP, but traveling on that seems to invite hassle).
We, of course, wouldn't want to conceal the fact that this would be a secondary residence; would using a secondary residence be frowned upon by USCIS?
Thank you very much for your comments, and happy holidays/merry Christmas!
3 attorney answers
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A secondary residence that is an honest residence may be possible. A misrepresentation of residence would be a basis of denial. In addition, to causing additional delay in the moving of the file between offices.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
In my opinion, this is a very, very bad idea and it invites having your case delayed even more and possibly having the file lost.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
I haven't heard of a secondary residence. You put a physical address and a mailing address on the form(s). But trying to establish a secondary residence in order to speed adjudication of the application sounds like a recipe for confusing USCIS, and thus delaying the process unnecessarily.