My suggestion is to immediately have an immigration lawyer handle your case. The lawyer will do whatever is necessary.
Madrid Crost Law Group - (888) 466-4478; e-mail: email@example.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
I agree with my colleague. Get an immigration lawyer now. There is too much at stake.
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Did your husband also send the I 485? You really should retain an attorney. Does you husband know of your letter?
This is not legal advice until I am retained and have reviewed all facts about your situation.
Are you the beneficiary of the I-130? That is, is your husband the petitioner of the case. If so, then he would normally be the only person that could request to withdraw or cancel the petition that was submitted. Also, did you or your husband apply for a green card; and are you or your husband a United States citizen?
Even if the letter to USCIS does not cause cancellation of the petition, I would still be concerned and seek an immigration attorney to represent you before the government because it might be construed as a negative fact and cause a serious problem in proving the bona fides of your marriage.
Michael A. Harris, Esq.
Attorney at Law
4500 Biscayne Blvd, Suite 306
Miami, FL 33137
Office: (305) 792-8677
Mobile: (305) 423-9325
Fax: (305) 675-6195
Sent from AVVO iPhone App.
Sincerely, Michael A. Harris, Esq. Attorney at Law HarrisLaw, P.A. Please view my contact information for more information about my professional background. DISCLAIMER: This online posting does not create an Attorney-Client relationship between you and HarrisLaw, P.A. unless you have received a signed written fee agreement for legal representation.
I agree with all of my colleagues in that you should find an immigration attorney that you and your husband like and trust. It's definitely the case that if your husband is the US Citizen/Permanent Resident and you're from abroad that only your husband could stop the I-130 process with USCIS. Marriage-based immigration cases are all about telling USCIS the story of your relationship. While there are definitely certain things that USCIS views as evidence of the fact that a couple married for papers only, the agency, its regulations, and case law all recognize the obvious fact that marriage is complicated and emotional and that people sometimes fight with one another.
Working with a skilled immigration attorney, you and your husband will be able to explain what happened to USCIS and the attorney will be able to present the story of your relationship to USCIS in a way that the agency is most likely to understand and accept.
I agree that you should hire an attorney from this point forward. Based on what you're indicating, you likely sent the letter to a service center, and the service center may or may not have placed it in your file (both are possibilities). However, you should be aware of what exactly you stated in the letter and whether there is any harmful information or allegation to the case. You may begin by contacting the Immigration Service (800-375-5283) and ask whether the petition is still active, or find out whether your request is received in the file. Your best approach, still, is for a lawyer to appear on your behalf at an InfoPass appointment to ensure the case moves forward. If necessary, you may submit a letter through an attorney requesting that you revoke the letter submitted (whatever date) and wish to proceed with the applications. However, if this is received and acknowledged, it will be considered a "red flag" issue and I highly recommend you obtain representation to protect your rights and interests moving forward.