We need your advice, please!

A

ayumanic

New Member
Hi! My 29-yr old niece called me up to ask for advice but I don't know more than her. So I thought it would be better to ask for advice from other people...

She came to America in 1998 with a working visa for 1 yr, then she overstayed. Got married in 2002. Still married to the same guy. She received her working permit 2003. Later this month, she'll have an interview for adjustment of status (to conditional permanent). Unfortunately, her husband got into a fight and was charged for involuntary manslaughter. He's in jail and didn't appeal for bail since they don't have money. She's scheduled for an interview later this month but her husband can't come with her. So she doesn't know what she should do. Should she appear without her husband and with just a power of attorney (is that possible at all?) or is it possible for her to wait until her husband is released from prison?

We really need your advice on this one. Please!
 
first of all, since they have been married for more than two years, the card will be inconditional.

second of all, she should go to the interview by herself, have documents ready showing joint assets, etc, proof of bona fide marriage, and that her husband is in jail and unable to come. If she is lucky, she'll get approved. However, this is not likely, since her husband needs to show income to support her. Does she have a co-sponsor?

her case will be most likely be postponed till her husband gets out of jail, or rejected and she will be offered voluntary departure. I'd tell her to ask for advice/help from lawyers on www.britishexpats.com.
 
hi! thanks for the reply... i think their lawyer (public defendant) said that they expect him to be in prison for 6 months and then probation...

the thing is he's going to have an arraignment (is that what you call it?) wherein the judge will decide whether he should go to trial or dismiss the case on the 27th of june... but the interview is on the 28th...
 
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