Legal Question in Immigration Law in New Jersey
Adjustment of status
I received in the mail a letter from the INS about appearing
For an adjustment of Status interview for Dec 22.
It says both my spouse and I must appear.
My spouse is due to give Birth on DEC 18.
Should we reschedule right away, or should we wait until the date gets closer
To see if the baby is born on the Due Date, (as it could come later or earlier)
If we do reschedule how long does it, take to get another interview?
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3 Answers from Attorneys
Re: Adjustment of status
You should apply for a changed date IMMEDIATELY in writing and by certified mail. Phone incesantly to follow up on it. If you DON'T get the change in time, go to the original hearing and tell them what the situation is. If she's not in labor, though, she can go unless the doctor feels differently. If the doctor does say she shouldn't go, make sure you take a note from the doctor with you when you go, and have the doctor available by phone.
Re: Adjustment of status
This is your call.You probably should wait because you dont know if she can or cannot keep the appointment.If she is unable to keep the appointment, for the reasons you stated, when the time comes,you should go anyway with good medical proof justifying her absence.
As for resheduling time, that is a function of the district and what status you are changing to.
Re: Adjustment of status
You did not state if this interview is based on family sponsorship or employment based sponsorship. You are able to request that they reschedule the appointment. In my experience, it has taken them 2 months to 6 months to reschdule. If you request that the appointment be rescheduled, make sure you use certified mail to have proof you requested it be rescheduled. Good luck!
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