daisy_08

I just talk to an immigration attorney, and I'm really confused right now. The other attorney told me to go to the interview Tuesday and ask for an extension, and file the divorce then after divorce is final, apply for another I-751 waiver. I feel a little better after talking to him. When I talked to a different attorney, I got really scared because she told me that immigration supervisor might not give me an extension and deny my I-751 and I can get deported on that day after the denial. She told me that she will go to the immigration with me but she will go inside and talk to the officer and she want me to wait outside the office, because she don't want me to get arrested right away after I-751 is deny, the problem is I can't afford her to come with me. What should I do? Do what the first attorney told me or was the second attorney was right? That I can get deported the same day that I-751 will be deny? Please help!!!!!


While living in Arkansas, me and my husband is in a verge of separation, but we try and work it out. We moved to California and have all my applications transfered to California. I had my interview for my I-751 and N-400 (they did the interview at the same time), after the interview IO asked me to send her more documents, which I even have all the documents with me on that time but she told me to just send them to her, which I did and my husband was with me on that time too but she didn't ask him to come with me inside. Today I got another appointment from the immigration for another interview with the immigration supervisor and my husband must come with me this time. My problem is my husband moved back to Arkansas 2 weeks ago and left me here and don't wanna to nothing about this anymore. What should I do? My interview is next week, on Tuesday and I don't really know what to do? Should I cancel the appointment or should I still show up to the interview? Can I still withdraw my application or is it too late for me to do it now? Do I get deported if I don't show up? Please help me, I only have 5 days left before the appointment and I don't know what to do right now.

If I will file for a waiver, how can I do it if I'm not yet divorce?

Thanks!

Noorah101

It seems to me they are both telling you to go to the interview. But one is offering to come with you and talk to the officer.

You should seriously find a way to attend the interview AND bring an attorney with you. Use a credit card, borrow money from friends...

Rene

USA & Pakistan

Can they really deny the I-751 application and arrest her just like that?? Wouldnt they send her a denial letter (or intent to deny) and start some deportation process?

Marnee <thinking of DH's pending I-751>

Noorah101

If she gets denied, they would start removal procedings, and eventually she would go in front of an immigration judge to plead her case. Whether they would detain her on the same day as her appointment and keep her in detention until her hearing, or if they let her go and send her a letter, I don't really know.

Rene

adjudicator89

That is so odd? Why would they arrest her on the same day? She didnt commint any crime, divorce happens and I think if she goes and explain that she is in divorce proceedings the worst that can happen is that they will deny the joint I-751 petition and she will be able to refile as soon as her divorce is final. That's what I think. I might be wrong. Anyway, good luck and hope everything will work out for you.

Elvira

Agree it is unlikely that she will be arrested, but it may not be as simple as you suggest.

I don't think this is a DIY project, particularly since she is clearly very confused and frightened.

In her shoes I would definitely take an attorney along to the interview.

fatbrit

They can and they do arrest folks during interviews. Let's face it, it's a nice and easy arrest for them. See it happening regularly at our local office.

adjudicator89

Hello Fatbrit.
They Do? Wow I didn'tknow that.

fatbrit

Why should they waste their time looking for and finding you when they already know where you'll be. Anything for an easy life, eh?

Cherr1980

You should attend the interview (better with a lawyer). It is better to attend that to not, since that will make it a denial right away.

Are your husband and you in bad terms? if not, probably you could talk to him and make him understand that this is a "we" situation even your marriage is practically over.

Your situation is exactly the problem that the 2003's memo left people in limbo for I-751. It's practically better to be divorce asap that to be not divorce but separated and without the cooperation of your US citizen spouse. Then the law practically does not give you any better way out. To file for the waiver you MUST be divorce, not separated...and they consider that even if you are separated you must file jointly if not you are in trouble.

Unfortunately you won't be divorce on time but explain your situation and carry a copy of all your documentation...do you have an email or something that your husband states that he won't come?

Would be good to know if those cases that you see in the local office (arrests) all the time are related...could be a person who has been already out of status and doing AOS or so many other situations that not necessarily belongs to her case, is not that I don't believe you, but there are so many cases that we could see and could be other things?? In the worse scenario she will be in front of an IJ (and actually not all the time is a bad thing as other cases I have read).

Get your lawyer with you, good luck!