Legal Question in Immigration Law in Florida

denial of adjustment of status - please help!!!

Hello, I just found out online that a notice of denial of I-485 was sent to me. I suspect the only reason for the denial was the luck of the requested evidence (they asked for my husband last year's tax return and my husband is deliquent with his taxes). Instead of his (who is my main sponsor) tax return I have sent a complete application of a joint sponsor - my father in law, whose income was way more then required and it had all the supporting documents. They still wanted me to send them my husband's tax return - I have received a second notice. I have responded that I did not have my husband's tax return due to his accounting issues (he runs his own business) but the truth is my husband hasn't paid taxes since 2005...I am wondering what is going to happen now? Why didn't they consider my joint-sponsor and deny my application (after almost one year of processing). What is going to happen with me now? Do I get deported?

Please, help me. I am also looking for a good attorney if You have some recommendations. I live in Florida. I am Polish.


Asked on 7/26/08, 1:43 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: denial of adjustment of status - please help!!!

It appears as if you already had your interview. It also seems that all went well except for the tax issue. Being delinquent with taxes is not going to bar you from adjustment, okay. So calm down. First of all, your husband should make a payment plan with the IRS; then he is no longer delinquent. Second, you should be able to use a joint sponsor and I don't know why those nutheads denied it, or ignored it. Third, I can tell that you do not have a good immigration lawyer. Get one! Also, just because they denied your I-485 does not mean you cannot get your green card. First, you can appeal the denial, or better yet, you can apply again! I would opt for the second -- if you have an approved I-130, you can apply again BEFORE you get a court date. The trick is to apply before they send your case before the immigration judge, okay? Now, don't be afraid, you are not going to get deported PROVIDED that your husband and you still have a good marriage, he is willing to follow instructions, and he still wants to petition for you. A joint sponsor is fine. I don't know why it was ignored. If you ad your husband are having problems with your marriage, straighten them out because there are few options left for you. I cannot overemphasize the need for a good immigration lawyer -- it appears as if you have been going at this alone to save money maybe and it will backfire. It doesn't matter if you are in Florida, most immigration lawyers like myself practice all over the country. I suggest you get on www.aila.org and connect to "find a lawyer." Hope that helps!

Good luck and take care.

Marc Seguinot

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Answered on 7/27/08, 10:49 am


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