Legal Question in Immigration Law in Illinois

Adjustment status

In sept. Of 2007 my fiancee entered the usa legally and we got married. In dec. 2007 we filed for i485/i765 forms but were denied because i left out one document uscis asked for when they sent a letter asking for more documents, (which was my tax refund statement. All forms were mailed properly before this point). They wanted a current 2007 w-2 statement. I sent a 2006 w-2 statement because my employer did not have my lateest w-2 tax statement available. It had not come out yet being that it was just december. I was able to send the current 2007 w-2 statement (earnings) in feb. 2008 but not with the tax refund statement when i filed my taxes. I simply thought they wanted just the w-2 and was told in a letter that pettition was denied because i had just one chance to send all requested info at one time.

She was instructed to leave by the 3rd of oct. 2008 with a 3-10year bar if she doesn't leave before that date. She is still here in the usa. Can i successfully reapply for her anyway and save our marriage.


Asked on 11/13/08, 10:00 pm

1 Answer from Attorneys

Michael Cho Law Offices of Michael Cho

Re: Adjustment status

Was she given any notice to appear in immigration court?

Assuming it was not a notice to appear in front of an immigrant judge for a removal hearing, she may still be able to re-apply for her adjustment.

I would suggest hiring a lawyer to ensure it is filed properly. My legal fee is $950 and information on my services can be found at:

http://www.msclaw.com/Why_Choose_MSCandAssociates.html

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Answered on 11/14/08, 4:01 am


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