Legal Question in Immigration Law in Rhode Island

Filed I-751 and recently received notice for interview. US citizen husband is currently incarcerated. What are my chances of getting approved vs denied because of his incarceration?


Asked on 2/09/11, 7:04 pm

2 Answers from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

If you filed the I-751 jointly with your spouse and now have to go to the interview without your husband because he is incarcerated USCIS will not approve your I-751 as they will want your husband to be physically there with you.

I would still advise you to go to the interview. Let me know what they tell you at the interview and then I will advise you - it looks like you may have to re-file an I-751 as a waiver where you are self petitioning (harder to get approved than filing the I-751 jointly, but with a good legal argument and support docs you will have a good case.

Caro Kinsella

Immigration Attorney

[email protected]

Phone: 954-304-2243

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Answered on 2/09/11, 8:00 pm
Seeta Nangia Law Offices of Seeta Nangia

To file an I-751 waiver of the joint-filing requirement, you must be either divorced, a victim of abuse by your spouse, or demonstrate you would suffer extreme hardship if you are denied a green card. If you are still married to your husband, and wish to remain married, you should try to submit as much evidence as possible demonstrating this. At your interview, you should take copies of court records indicating what happened to your husband. If possible, try to get a written statement from your husband stating he is still married to you and he is unable to attend the interview because of his incarceration. Please feel free to contact me with further questions.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/10/11, 9:25 am


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