Out of country and unexpected interview scheduled for removal of restrictions... oops, help!

[romiicyy]

Last year when we were in the USA we applied for removal of restrictions on my husband's greencard. (Restrictions were due to having been married for less than 5 years.) So we filled out all the paperwork and submitted everything. I just sort of assumed that they would approve it and mail the new card to my parents house. Well today they got a letter from immigration saying that we have an appointment to appear in California on April 6th for an interview regarding his case. If he does not appear his green card will be revoked. So you can probably imagine what a mad scramble this is throwing us into. From what I understnad, we have to be there or he may not be allowed to ever enter the USA again. As of last year when we went to the USA we were thinking that we probably would not be back at all in 2011, and we are planning to go back to the states in August for the birth of our baby.

We are missionaries and don't have much wiggle room with finances, and someone actually offered to get our tickets if we come back for the birth. I can't imagine us making two trips to the USA in one year!!

Question - can we delay the interview without causing more problems? If so how do we go about that? Or better yet, can we reschedule the interview to be held at the consulate here (Kenya)? How would we do that?

Thanks for any advice!

 

[Jackolantern]

Last year when we were in the USA we applied for removal of restrictions on my husband's greencard. (Restrictions were due to having been married for less than 5 years.)

The restriction is for people married less than 2 years, not 5 years.

So we filled out all the paperwork and submitted everything. I just sort of assumed that they would approve it and mail the new card to my parents house.

What was the basis of your assumption? There is always the possibility of an interview when filing for removal of conditions, although most people don't get interviewed.

Question - can we delay the interview without causing more problems? If so how do we go about that? Or better yet, can we reschedule the interview to be held at the consulate here (Kenya)? How would we do that?

The interview can be rescheduled, but it cannot be conducted outside the US. Note that they won't pick a rescheduled date that is convenient for you; they'll just pick another date when it's convenient for them, which could be anywhere from 3 weeks later to more than 6 months later.

 

[romiicyy]

Thanks, that helps. No basis for the assumption, it was just a matter of not thinking!

 

[BigJoe5]

8 CFR § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition

(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.

IF you two are unable to make it to the interview and he gets his status terminated, then, upon return after that, he would be referred to an Immigration Judge at which time the petition to lift conditions can be renewed. This situation does not, by itself, result in detention, just a referral to the IJ. Similar to a "deferred inspection".

8 CFR § 235.11 Admission of conditional permanent residents.

(c) Expired conditional permanent resident status. The lawful permanent resident alien status of a conditional resident automatically terminates if the conditional basis of such status is not removed by the Service through approval of a Form I–751, Petition to Remove the Conditions on Residence or, in the case of an alien entrepreneur (as defined in section 216A(f)(1) of the Act), Form I–829, Petition by Entrepreneur to Remove Conditions. Therefore, an alien who is seeking admission as a returning resident subsequent to the second anniversary of the date on which conditional residence was obtained (except as provided in §211.1(b)(1) of this chapter) and whose conditional basis of such residence has not been removed pursuant to section 216(c) or 216A(c) of the Act, whichever is applicable, shall be placed under removal proceedings. However, in a case where conditional residence was based on a marriage, removal proceedings may be terminated and the alien may be admitted as a returning resident if the required Form I–751 is filed jointly, or by the alien alone (if appropriate), and approved by the Service. In the case of an alien entrepreneur, removal proceedings may be terminated and the alien admitted as a returning resident if the required Form I–829 is filed by the alien entrepreneur and approved by the Service.

 

[bhaveshshah]

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