Legal Question in Immigration Law in New York

Application to Register Permanent Residence I-485 but missed my Adjustment of S

Hi,

Please help me. I am undocumented alien and I got married to a U.S. citizen. I submitted an application to register permanent residence (Form I-485). On the date I was supposed to go to the adjustment of status interview with my wife, I was sick and went to the hospital, but I forgot to reschedule the interview. Now I received a letter saying my application is denied and that I can not appeal but I could make a motion to reopen, which I'm doing now, my question is the following: Will the INS recognize my excuse as a valid one if I have hospital records documenting it, if they would not recognize it, is there any other excuse that they would recognize. Thank you so much for helping me.


Asked on 5/09/03, 2:33 am

2 Answers from Attorneys
Neena Bohra Law Offices of Neena Bohra

Re: Application to Register Permanent Residence I-485 but missed my Adjustment

If this is a legitimate reason for missing the interview, it can be backed up by documentary evidence from the hospital. As such, BCIS will re-open the case and reschedule another interview for you

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Answered on 5/14/03, 5:35 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Application to Register Permanent Residence I-485 but missed my Adjustment

actual hospital records indicating that you were ill enough that you were physically unable to attend your appointment should be sufficient to have the INS re-open your petition. you are welcome to a consultation for no charge at my office at 42 west 44th st, ny,ny please call for an appointment first. 646-591-5786

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Answered on 5/11/03, 8:05 pm


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