QUESTION
Should I appeal about my approval or wait until USCIS will contact me for my I485 adjust status?
Asked on Nov 14th, 2013 on Immigration - New York
More details to this question:
I am one of the applicants for Special immigration Visa (SIV) for Afghans who worked on behalf of US government in Afghanistan. I worked for over 11 years and after I got my approval for SIV mean time I got visa for US to visit my family. After I go in state, I applied for Adjust of status and also resigned from my position, after that my office didn't accept my resignation and they thought I applied for Adjust status under my visit visa. I explain everything for them but instead they terminated my position and said I give wrong or false statement and they cancelled my approval for SIV. My case is still under review here. When they send the case to NVC for visa number maybe they will refuse the visa number if they have conciliation. I really need in this matter only they cancel the letter not the case. Thanks if you give me advice or maybe if I get a lawyer for this matter.
3 ANSWERS
Adebola O. Asekun
On the basis of information presented, your case presents issues which, in my view requires that it be handled with some delicacy, given that US foreign policy interests may be involved. While you should ordinarily obtain status given the service you have rendered to this country, where it is determined that your admission will negatively impact US interests, your case may be denied for that reason alone and it is not even clear that a federal court may have jurisdiction to hear a possible challenge to an adverse agency action on this case. You are not a usual applicant and your application is not a usual one. I therefore suggest that you approach this matter carefully and with the assistance of an experienced immigration attorney.
Answered on Nov 19th, 2013 at 9:34 PM
Your story is a bit confusing. You need to consult with an attorney. Generally, you may not enter the US on a visitor's visa with an immigrant intent.
Answered on Nov 19th, 2013 at 5:35 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You definitely need an immigration lawyer to review the individual facts of your case to properly advise you.
Answered on Nov 19th, 2013 at 5:35 PM