Legal Question in Immigration Law in New York

Re: Interview for Alien in Illegal Status

To give you a solid opinion, we need more information. Are you a U.S. citizen? Is this application based on your marriage? Did an attorney help you file this petition? In many cases, an immigrant can interview in the U.S. on condition that he pays a fine, usually $1,000. I would urge you to make an appointment with us as soon as possible to discuss your situation. Call us at (212) 387-7787.

Re: Interview for Alien in Illegal Status

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

The issue you raise is a common one among out of status alien nationals living in this country who marry U.S. citizens.

There should be an explanation of your rights in the decision you received. There are at least two options. One is to request a reconsideration of the decision for the reasons you state; this would not necessarily result in a hearing for your husband. The second is to appeal the decision to an administrative law judge of the USCIS and request a hearing to explain your evidence; this procedure should also be explained in the decision you received.

If you are successful in obtaining a review, it is important to collect whatever evidence you can to demonstrate that your fear is real, and not perceived.

Lastly, if in fact there is no other option but to return to El Salvador, check with the US Embassy there to make sure that you have an appointment, how long it will take, whether you can even enter the country and whether you will have any difficulty leaving and then entering the US when you return.

I hope that this has been of some help. Thank you again.