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Immigration Issues/Immigration Interview I-130 Withdrawn



    I had a question about a certain experience that I recently had.  My wife of 3 years filed for me for an Adjustment of Status in February of 2007.  We filled out the I-130, I-485 and I-765.  Our interview date was in December, and I thought the interview went well.  Now, her mom is sick, so she had to go back to her home state of California to take care of her.  I am in the process of relocating with my firm, but it just has not gone through.  Long story short, evidently she is seeing someone in California now, and come to find out, as I am still waiting on adjustment, that on the interview date, she filled out a Petition to Withdraw Application, stating that the "relationship is not valid; no cohabitation established."  I have since talked to my company, and seeing that I'm in a pretty good position, they would like to go through with the sponsorship.  My question is, is there anything I may do to pursue my wife's cruelty, and the other, how long does a labour certification take?  Time is of essence here.  Would I be able to continue working if I'm going through my company?



ANSWER: Shaun,
You are certainly authorized to stay in the US until your I-485 is decided. But you may need to check on whether you are in lawful status at this time. I advise you to talk to an immigration attorney at this point to check if you are eligible to go through with the company sponsorship.

Ramasamy Krishnan

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your prompt response, Mr. Krishnan.  I really don't know how my wife's response to this will affect my I-485.  Is there nothing I may do in the process to perhaps continue the process based on cruelty or so?

Thanks again.

I am afraid that you may not have too many options available to you. You waited for three years to file for your applications, too long in my opinion.  As I advised earlier you need to consult with an immigration attorney to review your situation.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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