Zabed

Hello,

I was married to a US citizen and she petitioned for my status
adjustment but while the case was in process we got divorced and hence
I didn't answer INS call for interview or fingerprint!!! At that time
I was on F-1 visa and later I got H1 status.
Will that status adjustment petitioned by my ex-wife cause any trouble
later when I go to INS for interview?
My ex and I also spent a night in precinct where they took our picture
and fingerprint but neither of us pressed any charge. Will it have any
impact later when I applied for green card?

Please help me find the answers which is nagging me.
Thanks.

Sylvia Ottemoeller

"Zabed" wrote in message
news:[email protected]...

    > I was married to a US citizen and she petitioned for my status
    > adjustment but while the case was in process we got divorced and hence
    > I didn't answer INS call for interview or fingerprint!!! At that time
    > I was on F-1 visa and later I got H1 status.
    > Will that status adjustment petitioned by my ex-wife cause any trouble
    > later when I go to INS for interview?

Maybe. Ultimately, the I-485 will be denied and your case will go into
removal proceedings. You may be deported without even knowing it, if that
part of INS does not have your current address! You must take care of this,
by withdrawing the I-485.

    > My ex and I also spent a night in precinct where they took our picture
    > and fingerprint but neither of us pressed any charge. Will it have any
    > impact later when I applied for green card?

If you were arrested, you will have to answer the question truthfully (about
whether you have been arrested or convicted) on the I-485 or consular
documents, and provide an explanation, and the police record, and the court
record if there was any. This incident won't stand in your way, but must be
dealt with.

I suggest that you hire a good immigration attorney to handle these matters.

Zabed

Thank you Sylvia. I went to see the lawyer who filed the status
adjustment for us and he told me not to fear the deportation as INS
already knows that I'm on H1B and I had never been out of status!!! is
it true?
I would really appreciate your input.
Thanks again.

"Sylvia Ottemoeller" wrote in message news:...
    > "Zabed" wrote in message
    > news:[email protected]...
    >
    > > I was married to a US citizen and she petitioned for my status
    > > adjustment but while the case was in process we got divorced and hence
    > > I didn't answer INS call for interview or fingerprint!!! At that time
    > > I was on F-1 visa and later I got H1 status.
    > > Will that status adjustment petitioned by my ex-wife cause any trouble
    > > later when I go to INS for interview?
    >
    > Maybe. Ultimately, the I-485 will be denied and your case will go into
    > removal proceedings. You may be deported without even knowing it, if that
    > part of INS does not have your current address! You must take care of this,
    > by withdrawing the I-485.
    >
    > > My ex and I also spent a night in precinct where they took our picture
    > > and fingerprint but neither of us pressed any charge. Will it have any
    > > impact later when I applied for green card?
    >
    > If you were arrested, you will have to answer the question truthfully (about
    > whether you have been arrested or convicted) on the I-485 or consular
    > documents, and provide an explanation, and the police record, and the court
    > record if there was any. This incident won't stand in your way, but must be
    > dealt with.
    >
    > I suggest that you hire a good immigration attorney to handle these matters.

Sylvia Ottemoeller

Let me get this straight. You went to the lawyer who filed the
marriage-based I-485, and that lawyer said not to fear deportation because
INS knows you hold H-1B status which is still valid? Well, he is probably
correct that you will not be deported if you continue to hold valid H-1B
status. However, a no-show for an I-485 interview is eventually going to
lead to some action. INS will at least try to check what is going on. I
think it is best to avoid all that by withdrawing the I-485. Did the lawyer
suggest that you should *not* withdraw the I-485? What does he think is
going to happen to the I-485??

If so, I suggest that you consult with another lawyer, just to help you
write a letter of withdrawal and get it sent to the correct address. And to
protect your interests.

"Zabed" wrote in message
news:[email protected]...

    > Thank you Sylvia. I went to see the lawyer who filed the status
    > adjustment for us and he told me not to fear the deportation as INS
    > already knows that I'm on H1B and I had never been out of status!!! is
    > it true?
    > I would really appreciate your input.
    > Thanks again.
    > "Sylvia Ottemoeller" wrote in message
news:...

    > > "Zabed" wrote in message
    > > news:[email protected]...
    > >
    > > > I was married to a US citizen and she petitioned for my status
    > > > adjustment but while the case was in process we got divorced and hence
    > > > I didn't answer INS call for interview or fingerprint!!! At that time
    > > > I was on F-1 visa and later I got H1 status.
    > > > Will that status adjustment petitioned by my ex-wife cause any trouble
    > > > later when I go to INS for interview?
    > >
    > > Maybe. Ultimately, the I-485 will be denied and your case will go into
    > > removal proceedings. You may be deported without even knowing it, if
that
    > > part of INS does not have your current address! You must take care of
this,
    > > by withdrawing the I-485.
    > >
    > > > My ex and I also spent a night in precinct where they took our picture
    > > > and fingerprint but neither of us pressed any charge. Will it have any
    > > > impact later when I applied for green card?
    > >
    > > If you were arrested, you will have to answer the question truthfully
(about
    > > whether you have been arrested or convicted) on the I-485 or consular
    > > documents, and provide an explanation, and the police record, and the
court
    > > record if there was any. This incident won't stand in your way, but
must be
    > > dealt with.
    > >
    > > I suggest that you hire a good immigration attorney to handle these
matters.

Zabed

Sylvia, the lawyer told me not to do anything and leave that I-485
with INS!!! I still have the interview letter and I can send that one
back to INS stating reason of not being able to go for interview. Will
that work for withdrawal of the case?

"Sylvia Ottemoeller" wrote in message news:...
    > Let me get this straight. You went to the lawyer who filed the
    > marriage-based I-485, and that lawyer said not to fear deportation because
    > INS knows you hold H-1B status which is still valid? Well, he is probably
    > correct that you will not be deported if you continue to hold valid H-1B
    > status. However, a no-show for an I-485 interview is eventually going to
    > lead to some action. INS will at least try to check what is going on. I
    > think it is best to avoid all that by withdrawing the I-485. Did the lawyer
    > suggest that you should *not* withdraw the I-485? What does he think is
    > going to happen to the I-485??
    >
    > If so, I suggest that you consult with another lawyer, just to help you
    > write a letter of withdrawal and get it sent to the correct address. And to
    > protect your interests.
    >
    > "Zabed" wrote in message
    > news:[email protected]...
    >
    > > Thank you Sylvia. I went to see the lawyer who filed the status
    > > adjustment for us and he told me not to fear the deportation as INS
    > > already knows that I'm on H1B and I had never been out of status!!! is
    > > it true?
    > > I would really appreciate your input.
    > > Thanks again.
    > >
    > > "Sylvia Ottemoeller" wrote in message
    > news:...
    >
    > > > "Zabed" wrote in message
    > > > news:[email protected]...
    > > >
    > > > > I was married to a US citizen and she petitioned for my status
    > > > > adjustment but while the case was in process we got divorced and hence
    > > > > I didn't answer INS call for interview or fingerprint!!! At that time
    > > > > I was on F-1 visa and later I got H1 status.
    > > > > Will that status adjustment petitioned by my ex-wife cause any trouble
    > > > > later when I go to INS for interview?
    > > >
    > > > Maybe. Ultimately, the I-485 will be denied and your case will go into
    > > > removal proceedings. You may be deported without even knowing it, if
    > that
    > > > part of INS does not have your current address! You must take care of
    > this,
    > > > by withdrawing the I-485.
    > > >
    > > > > My ex and I also spent a night in precinct where they took our picture
    > > > > and fingerprint but neither of us pressed any charge. Will it have any
    > > > > impact later when I applied for green card?
    > > >
    > > > If you were arrested, you will have to answer the question truthfully
    > (about
    > > > whether you have been arrested or convicted) on the I-485 or consular
    > > > documents, and provide an explanation, and the police record, and the
    > court
    > > > record if there was any. This incident won't stand in your way, but
    > must be
    > > > dealt with.
    > > >
    > > > I suggest that you hire a good immigration attorney to handle these
    > matters.

Sylvia Ottemoeller

Zabed, maybe there is some factor that you don't know about here. If I were
you, I would pay the $200 or so for an hour of time of another immigration
attorney, and get an opinion, before doing anything. *I would not do
anything without consulting a lawyer.*

Generally, I don't believe in explaining withdrawals; one should simply
withdraw without giving a reason. But that may not be best for your case.
Another reason for you to consult with a good attorney is to get an opinion
on the best way to withdraw.

"Zabed" wrote in message
news:[email protected]...

    > Sylvia, the lawyer told me not to do anything and leave that I-485
    > with INS!!! I still have the interview letter and I can send that one
    > back to INS stating reason of not being able to go for interview. Will
    > that work for withdrawal of the case?
    > "Sylvia Ottemoeller" wrote in message
news:...

    > > Let me get this straight. You went to the lawyer who filed the
    > > marriage-based I-485, and that lawyer said not to fear deportation
because
    > > INS knows you hold H-1B status which is still valid? Well, he is
probably
    > > correct that you will not be deported if you continue to hold valid H-1B
    > > status. However, a no-show for an I-485 interview is eventually going
to
    > > lead to some action. INS will at least try to check what is going on.
I
    > > think it is best to avoid all that by withdrawing the I-485. Did the
lawyer
    > > suggest that you should *not* withdraw the I-485? What does he think is
    > > going to happen to the I-485??
    > >
    > > If so, I suggest that you consult with another lawyer, just to help you
    > > write a letter of withdrawal and get it sent to the correct address.
And to
    > > protect your interests.
    > >
    > > "Zabed" wrote in message
    > > news:[email protected]...
    > >
    > > > Thank you Sylvia. I went to see the lawyer who filed the status
    > > > adjustment for us and he told me not to fear the deportation as INS
    > > > already knows that I'm on H1B and I had never been out of status!!! is
    > > > it true?
    > > > I would really appreciate your input.
    > > > Thanks again.
    > > >
    > > > "Sylvia Ottemoeller" wrote in message
    > > news:...
    > >
    > > > > "Zabed" wrote in message
    > > > > news:[email protected]...
    > > > >
    > > > > > I was married to a US citizen and she petitioned for my status
    > > > > > adjustment but while the case was in process we got divorced and
hence
    > > > > > I didn't answer INS call for interview or fingerprint!!! At that
time
    > > > > > I was on F-1 visa and later I got H1 status.
    > > > > > Will that status adjustment petitioned by my ex-wife cause any
trouble
    > > > > > later when I go to INS for interview?
    > > > >
    > > > > Maybe. Ultimately, the I-485 will be denied and your case will go
into
    > > > > removal proceedings. You may be deported without even knowing it,
if that
    > > > > part of INS does not have your current address! You must take care
of this,
    > > > > by withdrawing the I-485.
    > > > >
    > > > > > My ex and I also spent a night in precinct where they took our
picture
    > > > > > and fingerprint but neither of us pressed any charge. Will it have
any
    > > > > > impact later when I applied for green card?
    > > > >
    > > > > If you were arrested, you will have to answer the question
truthfully (about
    > > > > whether you have been arrested or convicted) on the I-485 or
consular
    > > > > documents, and provide an explanation, and the police record, and
the court
    > > > > record if there was any. This incident won't stand in your way, but
must be
    > > > > dealt with.
    > > > >
    > > > > I suggest that you hire a good immigration attorney to handle these
matters.