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I got a denial on January 26, I really want to slow down my case regarding my husband's citizenship, Is it possible to appeal?

San Jose, CA |

Hi, my husband is just one step before oath ceremony for citizenship, but when he was green card holder he had applied for AOS because we got incompetent advice from attorney, and recently  my case was denied it was  January 26 with a note on USCIS website. But I still have not gotten official letter by mail about my denial. That note is saying to notify them in 2 weeks if I didn't received a mail. I'm so confused and do not not know how to act myself in this case. I really do not want to have a problems with court, and I would like to apply again as soon as my husband gets his certificate. Is it possible to slow down my case with the appeal on the basis of my husband is almost a citizen?
Thank you in advance!

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Attorney answers 3

Best Answer

Today Is a good day to contact an experienced immigration attorney.

Your situation is somewhat unclear. I believe you present two issues here: 1) your husband's citizenship and swearing-in; and 2) your separate application for adjustment of status which has been denied?

To alleviate the stress and confusion that you're experiencing, do consult an attorney at your earliest convenience.. At the consultation the attorney will gather more facts about your case and with your permission, will contact USCIS to ascertain your current status and the status of your case.

Of course, one can withdraw an appeal but that might not resolve your problem.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2



Thank you for your advice!


I agree, if you are "confused and do not know how to act" on your case, hire a competent attorney who does. Generally if an adjustment is denied and the applicant is here without status they will be referred to removal proceedings, thus contacting an attorney immediately is very important. My firm handles marriage based claims.
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


Given the desription and the serious nature of your circumstances, it is critical that you consult with an attorney. A careful analysis is required.

All the best!

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