Legal Question in Immigration Law in New York

AOS In US

had prior i30 & i485 filed 2002. Spouse refused to attend appointment in 2004. Subsequently case was denied. Met USC in 2005, had child together in 2007, got marry in 2008. will prior filing affect my current petition.


Asked on 4/09/09, 10:31 am

3 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: AOS In US

How long were you married before?

What was the actual grounds for which you were turned down before?

Why exactly did your wife refuse to go to the interview?

Did the immigration service ask you to leave after they turned you down?

Yes, this is not a simple case.

Patricia Martin-Gibbons

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Answered on 4/13/09, 1:01 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: AOS In US

It may have an effect on your current application depending on what happened to the application filed on your behalf in 2002. Did you ever receive a decision on that application? Do you have any documents relating to that application. Prior to filing anything with USCIS, you should seek the assistance of an attorney who can advise you regarding the risks/benefits of filing the application with your current spouse, as well as what you will need to do to obtain any information regarding the previous application.

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Answered on 4/09/09, 11:10 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: AOS In US

It really depends on what exactly happened in 2004, for example, whether it was just denied, whether you were ordered deported, etc. you should seek help of professional attorney to carefully review this matter and to assess all the risks and to advise on a best course of action for you to obtain a green card.

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Answered on 4/09/09, 1:25 pm


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