We got marriage based interview letter, can I reschedule the interview because of medical issues? If so, can I call USCIS or should I send any letter to USCIS requesting for reschedule. If not above cases can someone please help with any suggestions? Thank you
Although you can do so, you really need to retain an experienced immigration attorney. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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For a reschedule you need to learn and adhere to the protocol of your local USCIS' office. Unless you do, your I-485 AOS application will be denied for "no show".
I strongly suggest that one of you appear on the scheduled time and date, wait until called and then show the officer the copy/ies of the reschedule request/s, for I bet you that even if you follow the local protocol, chances still are that it will have not made it to your file and the interview is set to go as if nothing happened...
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It is possible, see the below excerpt from the USCIS interview guidelines:
(2) Evaluating Requests for the Rescheduling of Interviews . (See 8 CFR 103.2(b)(9) )
Prior to and at the date and time of the interview, an applicant or petitioner may (a) withdraw the application or petition; or (b) request, for good cause, that the interview be rescheduled.
In order to reschedule the interview, the adjudicator, in his or her discretion, must determine that the applicant, petitioner, beneficiary, or other individual is unable to appear at the scheduled date and time because of circumstances beyond the individual's control.
If the adjudicator determines that good cause exists for the applicant or petitioner's request, the adjudicator will reschedule the interview and mail a new interview notice. If the adjudicator determines that no good cause exists, the adjudicator will adjudicate the application or petition as instructed in AFM Chapter 15.1(d)(2) .
An attorney or representative authorized to act on behalf of the applicant or petitioner may also submit a good cause request for rescheduling the interview.
If an attorney or other representative is unable to attend an interview for good cause, the local office should make best efforts to accommodate a timely request to reschedule an interview. Such requests are considered to be for good cause when the attorney or other representative has notified the local office that he or she is unable to appear at the scheduled date and time because of circumstances beyond his or her control, including but not limited to, scheduling conflicts resulting from a requirement that the attorney or other representative appear in court, previously planned travel, and any situation where two interviews of clients represented by the same attorney or representative are scheduled at the same time.
When an attorney or other representative is unable to attend the interview for any reason, the individual being interviewed may elect to proceed with the interview without his or her representative. The applicant's or petitioner's decision to proceed without his or her attorney or accredited representative must be voluntary. If the individual wishes to proceed without his or her representative, the USCIS official should obtain a written statement from the individual. Written statements are to be filed in the record of proceedings. When possible, the attorney or accredited representative should communicate his or her consent to proceed without him or her present. The officer should still consider statements and submissions by the individual's attorney or other representative in his or her absence.
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Medical issues is very vague. So the answer is maybe. Instructions for rescheduling are on the notice, but it is not an easy or efficient process. If you really need/want to reschedule, you should have an attorney who can contact the Newark field office directly.
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