Assume a couple is called for an I-751 interview.
1) Who is normally interviewed first, the applicant or the USC spouse?
2) What would happen if the USC spouse refused to attend?
3) Suppose that the applicant is interviewed first and their answers are so fatal to the application that it will necessarily be denied - would they stop there and not interview the spouse?
4) Suppose the couple are separated but either divorce proceedings have not begun or could not be completed for a long time. I know that they will sometimes grant a continuance to permit the applicant to get the divorce finalized and then apply with a waiver, but how long would they allow this to go?
5) Is it correct that the decision can come anywhere from at the interview to 30 days later?
Assume the I-751 is denied:
6) Is it correct that there is no appeal of the actual finding of fact of the interview?
7) Is the applicant in removal proceedings as of the moment of denial?
8) As I understand it, actual removal cannot take place until a hearing before an immigration judge. How long would that typically take?
9) Can the applicant continue to work while in removal proceedings, until they go before the judge?
10) If the finding of fact is unappealable, on what grounds could an immigration judge not proceed with removal?
11) Suppose the applicant voluntarily leaves the country while in removal proceedings. Are they barred from reentering?
12) Either before or after the hearing before the judge, can the applicant enter the USA as a tourist, assuming they are from a country that would not otherwise require a visa (Canada, UK, Mexico, etc.)? In other words, would denial of an I-751 put the applicant in a worse position than if they had never applied?
1) Who is normally interviewed first, the applicant or the USC spouse?
2) What would happen if the USC spouse refused to attend?
3) Suppose that the applicant is interviewed first and their answers are so fatal to the application that it will necessarily be denied - would they stop there and not interview the spouse?
4) Suppose the couple are separated but either divorce proceedings have not begun or could not be completed for a long time. I know that they will sometimes grant a continuance to permit the applicant to get the divorce finalized and then apply with a waiver, but how long would they allow this to go?
5) Is it correct that the decision can come anywhere from at the interview to 30 days later?
Assume the I-751 is denied:
6) Is it correct that there is no appeal of the actual finding of fact of the interview?
7) Is the applicant in removal proceedings as of the moment of denial?
8) As I understand it, actual removal cannot take place until a hearing before an immigration judge. How long would that typically take?
9) Can the applicant continue to work while in removal proceedings, until they go before the judge?
10) If the finding of fact is unappealable, on what grounds could an immigration judge not proceed with removal?
11) Suppose the applicant voluntarily leaves the country while in removal proceedings. Are they barred from reentering?
12) Either before or after the hearing before the judge, can the applicant enter the USA as a tourist, assuming they are from a country that would not otherwise require a visa (Canada, UK, Mexico, etc.)? In other words, would denial of an I-751 put the applicant in a worse position than if they had never applied?
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