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I received denial of status change since last yr. DO I have to leave the country like the letter said or can I apply again?

Orange Park, FL |

I enter in USA 2002 on B2 visa which expired. I met my husband in 2008 and we married in 2009 had 2 wonderful boys. I want to start working because my husband works hard to support us but we got denied because finances was small, didn't meet federal requirements. We would like to reapply for status change again this yr but will this 1st denial be a hindrance? the letter I got last year told me I had 30days to leave. I wasn't going to leave my boys & my husband

I don't think it's right to break up a family just because they can't met income requirements. currently doing fine without food stamps, welfare which we were never on....is just that my husband pays child support for 4kids from 1st marriage and on the I-865 Support form they ask no of dependents we put 7 people even though the 4kids don't stay with us, he still pay child support take care of me and our 2 boys, that's 7...right? shouldn't have not included his 4kids from 1st marriage on the form?

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Attorney answers 4

Best Answer
Posted

You can reapply for adjustment of status. Get a co-sponsor, if necessary, for the affidavit of support.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

thank you for your speedy response. I feel much better and more confident. yes we are hoping that his parents will help sponsor me this time around.

Posted

You can refile adjustment of status application. You should talk to an immigration attorney to see what you can do, if anything, to avoid getting the same result again.

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.

Asker

Posted

you're right...I really don't want the same thing to happen again. It was a waste of 1900 bux when we put the papers in 2011....and ever since then I just gave up and sat around the house taking care our 2 boys. I will definitely hire an attorney this time.

Posted

I agree with my colleague that you can re-file for adjustment of status. Assuming you husband is U.S. Citizen, the denial of your first application for Green Card with its accompanying warning language urging you to depart do not bar you from re-applying. A competent immigration attorney should be able to help you to identify additional financial resources you can tap to get you through the public charge issue.

Sincerely yours,
Oliver Huiyue Qiu, Esq.
Tel: 646-820-7658
Fax: 646-537-2608
Mailing Address: P.O. Box 1271, Union, NJ 07083
Office Visit: 5 Penn Plaza, 23rd FL, Manhattan, between 33rd St and 8th Ave (By Appointment)
Email: esqoliver@gmail.com
Website: www.visaiam.com

This communication is not intended as legal advice, and no attorney client relationship results. It is provided for general educational purpose. To visit my Manhattan office for consultation, please email me at ESQOLIVER@GMAIL.COM.

Asker

Posted

yes my husband is All American....he brags about it everyday lol.....thank you so much. I feel much better. I just work to work and make things easier for him. He's a good man

Huiyue Qiu

Huiyue Qiu

Posted

Glad to be helpful. If your husband owns asset such being a home owner etc, he could also use the value of that asset to offset his financial ability to sponsor you. Or if you have filed income tax in previous years and earned 40 credits show on your social security statement, you could have been exempted from the public charge requirement. Good luck with your family!

Asker

Posted

thank you for those tips.....yes I did pay taxes for some years aback. I just want to start working again. thank you Sir.

Posted

The first denial will have no effect on your second application. Do not leave, re-apply but make sure you and your husband meet the requirements in Form I-864P. You may need an additional sponsor and you do need a lawyer.