Legal Question in Immigration Law in Florida

my husband came from Jamaica to visit we got married he had a 10 year visa i filled for his residents he was denied a month ago because we did not receive appointment and missed 2nd interview we had hired attorney who did not show up for 1st interview cant afford to re file or hire new attorney right now how long do we have to refile before they start deportation proceedings and if they have can we still refile also what can we do about the attorney he charged us over 3 thousand dollars and refuses to even see us because he says we owe him 400 dollar balance but our case was not handled correctly he was not at interview claims he was late but interviw was well over when he arrived


Asked on 9/17/09, 8:03 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

I am sorry to hear about this. What was the problem at the 1st interview? Why the second interview was scheduled?

Unfortunately, you don't have time to wait and save the money. You have to refile ASAP if you decide to reapply for his adjustment of status. As soon as his I-485 and your I-130 were denied, the USCIS can refer his case for removal/deportation.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. We do not offer free advice except for the information provided on this forum. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/17/09, 8:55 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

If you can't afford an attorney, try visiting one of these free places in Miami: http://www.usdoj.gov/eoir/probono/freelglchtFL.htm. Charities such as Catholic Charities may be able to help; these websites are listed by the U.S. Department of Justice.

Contact one of them ASAP.

All the best,

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Answered on 9/18/09, 11:27 am
Marc Seguinot Seguinot & Associates, P.C.

If you cannot hire an attorney to file your documents again, and cannot obtain free assistance, then for Pete's sake, file the package yourself. Of course, you will have to pay the fees again unless you really cannot afford; if you can't afford the fees, then file a fee waiver with your documents with reason why you cannot afford to pay for refiling. The reason you were denied was not because you didn't have a lawyer. If the lawyer prepared you for the interview, then whether or not he appeared is not the issue. It is only an issue if YOU PAID HIM TO BE THERE. Check your legal agreement. Second, if you file the documents yourself, your spouse can retain his work authorization, and renew it when it expires. You will also get new fingerprints taken and a new interview date. If you're married over two years now, you should be able to prove your marriage is a true relationship; and, if your spouse has no real legal problems, that would help in his pursuit of his green card. If you wait too long, USCIS will refer you to the immigration judge; you will still need to get an approved I-130 Petition, and this would be provided for the Court who can adjudicate the green card application. Sorry about your bad experience. Good luck!

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Answered on 9/19/09, 8:33 pm


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