Immigration Law

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Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I got a green card interview scheduled in a month and there is a chance that i might not be able to have all the required paperwork with me, on time.

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Answered in 5 minutes by:
9/28/2017
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,031
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 8 months ago
Good evening, I haven't asked anything yet !
Customer reply replied 8 months ago
Hello ?

I've reviewed the initial information you sent, and I'm happy to help.

Are you interested in finding out whether you can re-schedule your appointment?

Ask Your Own Immigration Law Question

Yes, I'm here.

Are you trying to find out about whether you can re-schedule your appointment?

This is for a green card interview, and you are in the US, correct?

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Customer reply replied 8 months ago
Hi, yes. This is about a green card interview and I am in the US. There is a chance that I might be missing my divorce papers from Europe. Will I have to re-schedule or should I appear and explain the situation ?

Was your current green card petition sponsored through a spouse?

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Customer reply replied 8 months ago
My lawyer said that it is better to withdraw then get denied. My wife is worried that they might deny the application on the basis that I can not produce the divorce papers in time. That is why we are considering rescheduling but we don't know if it's possible or if it is needed. We hope that we can go there and explain the situation and they will just ask us to file the divorce papers later, like an RFE sort of thing.
Customer reply replied 8 months ago
sponsored through a spouse.

Thanks for the additional information, give me just a few minutes to type up my response, thanks!

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Yes, since this is a marriage based green card the divorce papers are important and you will need to produce them.

You should therefore consider re-scheduling your appointment.

In order to do so, you'll need to go in person to your local USCIS office and speak with an immigration officer there about your situation -- explain that you are waiting on copies of the divorce paperwork, how long it will take before you receive it, and that you therefore need to reschedule your interview.

It will be in the discretion of the immigration officer to grant the rescheduling date or not, but hopefully they would be understanding of your situation. It's definitely worth going in to the office and making the request.

The alternative would be withdrawing your petition now. If you request the reschedule date and it's denied, you can always withdraw your petition then.

In other words, there's no harm in seeking a reschedule date, and hopefully your request would be granted.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,031
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 8 months ago
it would not be a good idea to show up for the interview and explain to them that we need more time to come up with the divorce papers because they will deny the application.

Correct.

You should seek to get the interview rescheduled, and if your reschedule request is denied, then you should withdraw your application and start the process over once you do have the divorce paperwork.

Hopefully your reschedule request will be granted, and/or you're able to expedite the arrival of the divorce paperwork.

I hope that helps!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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Customer reply replied 8 months ago
Do you know usually how much time they grant when they re-schedule ? What happens if we withdraw? how long time do we have to re-apply ? will I be subject to any penalties / deportation ?
Customer reply replied 8 months ago
In case we will withdraw am I going to lose my EAD ?

That depends on several other factors, such as what your current immigration/ visa status is now.

The length of rescheduling time varies, how long would it take for the divorce papers to arrive? Is there any way to expedite it?

You should take some documentation with you showing that you've requested the divorce papers, or that they are being shipped and will arrive by a certain date. That would help in getting your request granted.

I'm not sure what your immigration status is currently, but that is something you should speak with your immigration attorney about, the consequences of withdrawing your petition, etc. and how that would impact you.

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Customer reply replied 8 months ago
I am here on a Visa waiver
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