Legal Question in Immigration Law in New York

I�m a US citizen; I filed an I-130 to bring my wife to the United States from Yemen. The case files moved from California office to NY USCIS office. Later after aggressive follow ups I was informed by NY USCIS office that my case was denied based on abandonment. NY USCIS claim that I missed an appointment. This is NOT true. I was also informed that I need to prove that I�ve not received the USCIS notification letters. I don't know if this is possible. I learned the officer that was assigned to my case. I�ve written letter to the federal officer in NY USCIS office with no response. I have a stable income and NO criminal history. I am expecting a baby with my wife soon and I don�t know how to expedite the processing of my case. Please advise.


Asked on 6/20/10, 2:53 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

It appears from your post that your I-130 petition was denied. If so, it can't be expedited.

Depending on the date of denial, there could be a few options as to how to proceed. One of the options is to file a new petition and have a legal representation this time.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/20/10, 8:53 am
Rachel Baskin Rachel Baskin, Attorney at Law

It seems from your post like your spouse is in the US (which is why you would have received an interview notice from the NY Office). If you have not moved since filing the application, depending on the date of denial, you may be able to re-open the case. Alternatively, you would have to refile the applications for you spouse. In New York, the current processing times are about 4-6 months for these types of cases. Your spouse may be eligible to remain in the US while the application is pending.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 6/21/10, 5:43 am


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