Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

What if my husband or wife does not show for my Green Card Interview?

Thumbnail image for bigstock-Man-And-Woman-Waiting-To-Enter-58431833.jpgWhat happens if my spouse fails to appear for my green card marriage interview?

For marriage-based adjustment of status cases, the petitioning spouse and the immigrant husband or wife are required to appear together for the interview. The purpose of the interview, among other things, is to determine whether the parties have a bona-fide marital relationship, and not just one entered into for immigration purposes. If the case is within the jurisdiction of New Jersey, the interview will be conducted at either the Newark District Office or Mount Laurel sub-district office. Life, unfortunately, is not predictable and there may be a situation where the couple or one spouse may not be able to attend the interview. What happens to the green card case in this instance?

Request to Reschedule

If there is a foreseeable conflict that would prevent one or both spouses from attending the interview, the parties should request that the interview be rescheduled well in advance. 8 CFR 103.2(b)(9) provides that "the applicant, petitioner, sponsor, beneficiary, or other individual may appear as requested by USCIS, or prior to the dates and times for...the interview: (i) the individual to be...interviewed may, for good cause, request that the...interview be rescheduled." It is important to note that the regulations state "for good cause," which should be taken to be mean that an interview will not be rescheduled for frivolous reasons or just because it is inconvenient for the parties. For example, generally speaking, a spouse's refusal to take off from work does not ordinarily constitute a reason that goes over well with USCIS, especially considering that interviews are normally conducted only Monday through Friday during business hours.

What happens if the couple fails to appear for the interview?

If the couple fails to appear for the marriage interview and has not made a legitimate request to reschedule the interview (and presumably received a response), the case is in jeopardy of being denied, thereby resulting in any related benefits (ie., associated work permits) being cancelled. Even if only one spouse can attend the interview, he or she should be present and if necessary, make the request to reschedule in person if he/she has not already done so.  Hopefully, USCIS will entertain the request then and there.  Once a case is closed out or denied for abandonment, the case is, for all practical purposes, done.

What happens if a case is denied for abandonment?

A decision by USCIS to deny a case due to abandonment may not be appealed. Two options are either to refile the case (filing fees would have to be paid over again) or possibly file a motion to reopen under section 103.5 of 8 CFR. The benefit of filing a motion to reopen is that any associated filing or priority date would potentially be preserved whereas a new application would be accorded an entirely fresh priority date. In some cases, priority dates may be especially important in terms of a person's eligibility to adjust status. Also keep in mind that while a decision to deny a case due to abandonment does not preclude the parties from filing a new application, the fact that the case was denied for this reason is still relevant when the officer adjudicates the second case. The regulation states that the "facts and circmstances surrounding the prior benefit request shall otherwise be material to the new benefit request."

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the left. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876