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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28206
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have received my advance parole on marriage basis and my

Customer Question

Hello,
I have received my advance parole on marriage basis and my interview is scheduled on 6th July. I got some urgent work abroad and I am not sure wether I will be able to reach on 6th July. So can any lawyer extend the date of interview in my absence?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith replied 5 months ago.

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

You really want to make every humanly possible effort to be present for the interview scheduled on the 6th.

75% of the time when a case is requested be be rescheduled the paper request does not get matched to the file before the interview date and when you do not appear the examiner automatically on that date denies the I-130 and I-485 and withdraws the EAD and AP effective immediately.

You may have difficulty getting back into the US because that is entered that date into the electronic file and when the AP card is scanned the denial and revocation of AP appear to the Customs officer.

You would have to wait until an I-290B is filed and a Motion to Re-open based on government error is granted which can take 6-8 weeks.

If you are fortunate to have the request for re-schedule reach the paper file, your file goes to the bottom of the stack for cases to be scheduled for interview and it could be months before a new date is set.

USCIS is not a well managed agency and what may appear to be a very simple and straight forward task is not. They get thousands of pieces of paper in any one day and going through the mail room to be routed to the correct field office unit and then to the examiner who may have as many as 100 paper files in their office awaiting interviews or responses for additional information creates chaos for your case. On their list of priorities is not pulling files to match pieces of paper. Resources are limited and tasks prioritized.

I have been doing this for 37 years and even when I personally appear on their behalf and hand the reschedule request to the clerk in the hall where you report for the appointment I anticipate that it will not get to the examiner and to your file in a timely manner.

You are looking at less than 5 working days until your interview now, Monday being a holiday.

You can certainly try to retain an attorney to appear on your behalf and hand deliver the letter on the interview date to the check-in clerk, that is the safest procedure. Sending by Fedex or other means where the request goes through the mail room is surely not going to reach your file in time, even giving it to an Infopass clerk will not have it matched to your file in time.

So despite urgent business abroad, you really need to try to make the appointment or be prepared for a can of worms.

Yes, an attorney can make the request on your behalf, they have to have an original signed G-28 from you or your spouse in order to make such request.

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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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