Red Bank, NJ Immigration Law Firms & Lawyers

A denied I-130 petition does not allow for retention of priority date with a later filing. If you can prove that U.S.C.I.S. sent the notice to an incorrect address or made some other error, you may be able to reopen the I-130 determination. You would have to further communicate with U.S.C.I.S. the way the you are doing it now to gain more information, or arrange for an infopass at a local field office (if that is allowed) or request a copy of the file through the Freedom of Information Act. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

There is no law or regulation that requires an applicant to be represented by an attorney in an immigration-related application process, and in fact some people successfully navigate the application process without legal representation, especially in the very most simple cases. The situation you described certainly is not a simple case, and even determining whether your mother may be eligible to apply for adjustment of status would require additional information, such as details about her initial entry into the U.S. Failure to properly prepare and fully document an application, or filing an application for someone who does not qualify, can result in delays, denials and even more harsh consequences. It would be wise to engage an immigration attorney to provide legal representation to you and your mother regarding an application in the Immediate Relative visa category. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

If your spouse entered with a visa and is otherwise eligible, he can expect an immigration interview with you about 4 months after you file the I-130 petition and he files the I-485 application, if all the proper documents are included. If approved, a "green card" can be issued within days of a successful interview.