Legal Question in Immigration Law in New York

Re: Adjustment of Status denial

It is very possible that USCIS may deny her adjustment on the basis of fraud or misrepresentation, and that they may further place her into removal (deportation) proceedings. Therefore, it is very important that you have an attorney who is experienced with handling complicated immigration cases and dealing with issues of fraud. In your case your wife may be eligible for a fraud waiver but such applications must be thoroughly prepared. If you need assistance please contact me directly.

Re: Adjustment of Status denial

Hi Kevin, my name is Kerry Bretz and I am a partner at Bretz & Coven, LP, a full service immigration law firm with offices in NYC.

Adjustment of Status (AOS) applications are discretionary applications and may be approved or denied as a matter of discretion. In addition, a ground of denial is a material misrepresentation. This does not sound a like material misrepresentation since whether or not you were arrested is irrelevant to whether she is eligible to adjust her status. Whether she knew about it might be a factor that would go to the bona-fides of the marriage, but she already has an approved K-1 visa. So, the bona-fides of the marriage should not be an issue. Moreover, she is the one who actually paid your bail. What better proof is there about the relationship. However, examiners do not like to be deceived or misled. That may be how this is interpreted. If denied, I think it would be as a matter of discretion. Currently, in the NY District, if an application for AOS is denied, it is followed by a Notice to Appear (NTA) which is the beginning of removal proceedings. She will have the right to renew the AOS application as a defense to deportation before the Immigration Judge. This is a very formal and slow process and legal counsel is highly recommended. I hope this helps.

Please feel free to visit our web-site to learn more about Bretz and Coven, LP at www.bretzlaw.com

Re: Adjustment of Status denial

I would need more information regarding your particular case before I can comment on it properly.

However, what I can say is if the woman is your wife, as you have stated, why is she filing for a K1 visa which is for people classified as �FIANCE� and NOT spouses?

Patricia Martin-Gibbons