Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

INS Mistakes

Q. When my wife and I showed up for our INS interview, the examiner couldn't find our file. Then, three months later, the INS denied the case, saying we had failed to appear. The INS granted my wife conditional permanent residence. At the proper time (prior to my wife having been a resident for two years), we filed INS form 1-751, Petition to Remove the Conditions on Residence. INS called us for an interview, and we went on the day and time on the notice. What should we do?

A. You can start by trying to speak to an INS supervisor at the office where you were interviewed. Take the INS denial, and an affidavit (a swom statement) explaining what happened. Ask for a new interview. If that doesn't work, file a new form 1-751. Though the INS may say that you filed the new 1-751 "late," the law allows for late filings if filing late wasn't the applicant's fault. Include a copy of your original 1-751 filing receipt, a copy of your appointment letter and the affidavit. Hopefully, someone at INS will figure out that you deserve a new interview.

(By Alan Wernick)

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