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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28482
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My husband had s interview residency yesterday. He had a I

Customer Question

My husband had his interview for permanent residency yesterday. He had a I 140 approved, and switched jobs after 180 days of the I 485 filing. The officer was not clear in his questions, and my husband got nervous. He said his residence was revoked. Then, I asked to speak and I said that my husband's initial petitioner is still in business (because the officer thought the business had closed), but they changed names, and that my husband works in the same industry for another employer, he said that he had misunderstood my husband, that he would evaluate the evidence and that he was going to call us (by the way, I have my interview for the 25th) but, I asked the officer if I should wait for his response. He took my case # ***** said, yes, wait for my call. He said: have a nice day! :(
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Was your husband's petition approved before he filed the I-485? I understand he changed jobs 180 days after the 485 was filed but was the I-140 approved at that time?

Also, did the original petitioner sell the business which caused name change, did it merge with another company, what was the circumstances of name change. That could determine if the new company was a successor in interest to the petition filed by the company when the name changed.

Judith

Expert:  Judith Ludwic replied 1 year ago.

In addition if you did not get anything in writing postponing the interview it would be wise to show up.

Judith

Customer: replied 1 year ago.
the I-140 was approved. The original petitioner sold the business, but I understand that it remained within the same family. It. He is now working for a different employer, nothing to do with the original, but it is the same job, same duties, etc. I do not know what to do with my interview
Customer: replied 1 year ago.
the problem is that no one in the new management know my husband, so he changed jobs and the new employer gave him an affidavit and all documents he needed (but, I also understand that my husband did not need that with a I 140 approved) because he has his earnings records since 1999, sufficient money to support us.
Customer: replied 1 year ago.
the officer shook his head and said that he had misunderstood my husband, because he thought that the business was non-existant. I told him, no, they are still operating, and he said, well, that changes everything.
Customer: replied 1 year ago.
hellooo
Expert:  Judith Ludwic replied 1 year ago.

To be a successor in interest the sales documents have to have the purchaser agree to accept all responsibility and responsibility of any immigration petitions. It is not based on ownership. Corporations are separate legal entities regardless of who holds the stock.

So that is what the USCIS is going to investigate. Whether the petition remained valid with the change in corporate organization.

You don't know what is in the sales documents any more than I would know. That is what USCIS is going to look into. It won't matter of any of new management knows your husband's employment history. What matters is if the new company was successor in interest.

Hellooo - ???

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Well, my husband works for an Auto body repair shop. It is not the same one, it is not a subsidiary, I think, but they are the same industry.
Customer: replied 1 year ago.
The officer said he would call us...does that mean that immigration makes actual phone calls to applicants? like I said, I am very confused.
Customer: replied 1 year ago.
My husband changed jobs after one year of the I 140 approval and the I 485 filing.
Customer: replied 1 year ago.
The interview is for my two children (25, 22) and myself, set at three different hours 7:30, 8:30 and 9:30 a.m, they are also confused because they do not know anything about this process. Don't know what to expect with the interview
Expert:  Judith Ludwic replied 1 year ago.

Again, USCIS has to investigate whether there is a successor in interest relationship. They will call the repair shop and ask them for copies of the business documents.

Generally, USCIS does not make phone calls, they send out letters, they do everything in writing. I suspect the officer was just trying to get you out of the office with no confrontation.

If you have nothing in writing deferring your interview from USCIS and you don't show up your case will be denied for abandonment.

I am unsure why you do not have an attorney because you have a complex case and need one. You had no standing to try to explain the case and rather than the officer being rude and confrontational he let you speak and they ushered you out with promises of a call.

Get a lawyer and make sure you show up for the appointment. They will call all three of you in at the same time even though you have different times.

Judith

Customer: replied 1 year ago.
to tell you that truth, my husband and i have been married for 27 years, but he mistreated and abandoned me with cancer at the hospital. I never wanted to divorce him until I had our petition resolved. I do not have money, and he does not help me financially speaking, he pays child support for my youngest son, and that is it. I work and support myself, but we still present ourselves like nothing has happened in order to have this immigration thing resolved.
Customer: replied 1 year ago.
we have been separated for almost 4 1/2 years.
Customer: replied 1 year ago.
I can't afford to have an attorney, I am a legal student, and I do everything by myself. I have a TPS status
Expert:  Judith Ludwic replied 1 year ago.

I need to opt out. This case has far too many complexities for a JA expert. We give general information. We are prohibited from giving specific advice. I would suggest that you contact an immigration legal clinic either at your law school or Catholic Charities and see if they can help you.

No decisions on your and your children's case will be made at the interview. They will defer it until they decide your husband's case. So you have time to show up and still find a clinic attorney to help you because your case will also be postponed until his is decided.

Judith

Expert:  Judith Ludwic replied 1 year ago.

Truly I understand your circumstances but it is beyond my ability to help resolve.

Judith

Customer: replied 1 year ago.
thank you for everything.
Expert:  Judith Ludwic replied 1 year ago.

I wish you all the best. I truly feel badly for you.

Judith

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