- Question: My husband and I have already attended my green card interview. However, we just received another notice for a second interview. What is going on? Why does Immigration want to interview us again?
Answer: The second interview is what is normally known as the “fraud interview.” This mean that Immigration does not believe that there is sufficient evidence or testimony to prove that you and your husband have a genuine marriage. At this point, you will need to rebuild your case to now convince the Immigration Officer that you are in fact a real couple. This is a very high burden. You should consult or hire an attorney immediately. We handle “fraud interviews’ on a consistent basis and we have been successful. green card social security eligibility
- Question: My wife and I applied for my permanent residence and my case was denied. Should we file an appeal or should we just reapply?
Answer: The decision on whether or not to file an appeal or re-file your case is based on the reason for the denial of the first petition. If Immigration denied your case over a minor procedural issue and they made an error I would suggest an appeal. If Immigration denied your case because you did not prove that you were eligible for your benefits it may be beneficial to re-file your case or file an appeal. The best way to decide on this matter is to consult an attorney.
- Question: If my permanent residence case was denied will I be deported?
Answer: Excellent question! The answer is yes and no. Once your immigration case is denied Immigration can forward your file to the Immigration Court for removal proceedings. In that case you will be required to go to court and prove that you have legal status or that you are reapplying for legal status. In some cases your immigration file is not transferred to the Immigration court and that allows you time to decide if you wish to file an appeal or re-file your case with immigration. Ultimately if you are placed in removal proceedings and you have no legal status and you have no way to acquire any legal status the Immigration court will order removal. If you have a denied case your best option is to consult with or hire an attorney to help you to either file an appeal, re-file your case, or defend you in Immigration Court. My firm handle all of these matters.
Disclaimer: This article is a broad overview of common immigration questions. This article is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed.