Received physical card. But now they are calling for an interview!!

kkrathi

Registered Users (C)
I received my green card. My status was changed to approved. My wife got a call for an interview though. And then they changed my status too on the website! Now my status says I will be called for an interview! Can they do that? After receiving a physical card, can they reverse the decision? Or am I being called because my wife's case is pending? My lawyer doesn't know what is going on. Can someone please give insight or experienced it?
 
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I received my green card. My status was changed to approved. My wife got a call for an interview though. And then they changed my status too on the website! Now my status says I will be called for an interview! Can they do that? After receiving a physical card, can they reverse the decision?
Yes, within the first 5 years after approval they can administratively revoke the card (i.e. without taking you to court)
Or am I being called because my wife's case is pending?
Maybe. Is there anything unusual about your case that might raise red flags, such as:
- used labor substitution
- never worked for the original sponsoring employer
- you or your wife have a criminal record
- you or your wife were illegal aliens at some time in the past
- filed I-485 while in B1/B2 status
- anything else you can think of

Or maybe it is just a mistake (at least the part with you being interviewed). When you get the interview notice, go for Infopass and show let them know you have the card; find out if your interview appointment is a mistake.
 
I received my green card. My status was changed to approved. My wife got a call for an interview though. And then they changed my status too on the website! Now my status says I will be called for an interview! Can they do that? After receiving a physical card, can they reverse the decision? Or am I being called because my wife's case is pending? My lawyer doesn't know what is going on. Can someone please give insight or experienced it?

What is your and your wife immigration history? post the full details. who is primary applicant you or your wife ?


Chapter 26 Rescission of Adjustment to Lawful Permanent Resident Status.
26.1 Adjudication Issues.
26.2 Adjudication Procedures.
"Rescission is a cumbersome process once required as a prelude to
initiating proceedings against certain lawful permanent residents."
"(a) General. A person who has adjusted status to that of an alien
lawfully admitted for permanent residence under sections 210, 240A,
(the former) 244, 245, 245A or 249 of the Act, or under any other
provision of law may be placed into rescission proceedings at any time
during the first five years after the granting of permanent residence,
if:
• USCIS determines that the alien was not eligible for adjustment of
status at the time that permanent residence was granted; and
• The alien would have not been eligible for adjustment under any
other provision of law.
In order to rescind an alien’s adjustment, he or she must be served
with a Notice of Intent to Rescind within five years of the date of
his or her adjustment."
 
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More details

Thank you for responding. Here are more details. There are two oddities with my case:
(1) My wife had an arrest few years ago for a false charge. It was a one time only misdimeanour. She fought in the court and won the case. The case was dismissed. This was before we applied for green card. Unfortunately for some reason, my wife thought that this wasn't important enough to indicate on the application (she was new to the states then) and I wasn't aware of it. So we sent the application without indicating so.
(2) I was arrested for a first time misdemeanour for DUI. The court case is still pending and I haven't been vindicated or acquitted yet. This happened after we filed for 485 so there was no way to indicate that on the application. My lawyer said in my case it is not an issue as long as you answer their questions. Also based on research, USCIS almost always grants the card for first time DUI misdemeanour.

So going back to my case. I received the card. My wife didn't. Then my wife received an online status notice "called for an interview". Then my online status also changed to "called for an interview". My lawyer thinks my green card is solid but isn't 100% sure. What do you think?
 
For #1 she should bring a lawyer to the interview. Omitting information can be interpreted as lying, and lying on the application is often grounds for deportation.

For #2 you should also bring a lawyer. They don't like approving green cards or citizenship cases when you have charges pending against you, even if the charges are minor. They might want to revoke the card and then reapprove it when the case is over; you'll need the lawyer's help with fighting that.

Or they might be interviewing you in connection with your wife's application. Who is the primary applicant, you or your wife?

Have either of you received an interview date yet?
 
Thank you for responding. Here are more details. There are two oddities with my case:
(1) My wife had an arrest few years ago for a false charge. It was a one time only misdimeanour. She fought in the court and won the case. The case was dismissed. This was before we applied for green card. Unfortunately for some reason, my wife thought that this wasn't important enough to indicate on the application (she was new to the states then) and I wasn't aware of it. So we sent the application without indicating so.
--------------------She was supposed to disclose that on her I-485 form and could have explained on cover letter and was supposed to attach documents from court.
Did lawyer file her I-485 and she informed lawyer about her arrest ?


(2) I was arrested for a first time misdemeanour for DUI. The court case is still pending and I haven't been vindicated or acquitted yet. This happened after we filed for 485 so there was no way to indicate that on the application.
-------------that is ok
My lawyer said in my case it is not an issue as long as you answer their questions. Also based on research, USCIS almost always grants the card for first time DUI misdemeanour.

So going back to my case. I received the card. My wife didn't. Then my wife received an online status notice "called for an interview". Then my online status also changed to "called for an interview". My lawyer thinks my green card is solid but isn't 100% sure. What do you think?

Is your case employment based?
Who is the primary applicant? you got GC based on your wife status or she is getting on your being primary applicant?
 
I am the primary applicant. This is employment based case.

I think you are OK but your wife may face problem.
when you go for Interview take the take the papers of the pending Case, see a good lawyer
She need to contact a very good lawyer with all her details and should go for interview with the lawyer and seek advice from Lawyer what to say and what not to say during Interview.Remember she has lied on the I-485 form to get Green Card or immigration benefits.

If don’t think your present lawyer is good then take the copy of her I-485 filing papers(lawyer office has the copy of all the forms that were sent to USCIS) and immediately see a good lawyer
** update us
 
I have a similar situation

Do you have any update at your end Mr. Rathi?

I have similar situation... Wife got interview. Did you have to go? Did you have the interview already?
 
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