Oneida, NY Immigration Law Firms & Lawyers

The Atlanta Field Office of the USCIS generally takes about 4-6 months to schedule an adjustment of status interview in a marriage-based application. If the application has been prepared properly, sufficient supporting documents have been supplied and the interview is handled well, the application should be approved at the time of the interview (and the "Green Card" will be issued within a few weeks after that). If a final adjudication is not achieved at the time of the interview, the USCIS considers the application to be a "continued case," and the Atlanta Field Office does not consider itself to be unduly delayed unless it takes more than NINE MONTHS from the interview date to finally adjudicate the case. With a risk of such an enormously long delay, it is particularly important that one prepare and document a case adequately from the very beginning. 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.

Initially I must say that your situation would not appear to be too sympathetic to a consular officer or immigration officer. That is because you have already been outside the U. S. for over 2 years and still are trying to obtain a renewed the green card through the filing of the I-90. Such being said, you might be better off trying to file for another I-90 and trying to figure out a way to enter the U. S. to attend the biometrics appointment. If your green card is facially unexpired, you could consider boarding the plane and attempting to explain your situation to a Customs and Border Protection inspector at the port of entry. There is of course the risk that you may be asked to surrender the green card or face the immigration judge in that scenario. 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.

Filing a reentry permit is something that is always optional. However, it is definitely recommended if you were going to be outside United States for the period of time you have specified in your query. However, please note that having close ties to the United States to show that you have not relinquished your lawful permanent residence there is just as important. For example, it is recommended that you file US tax returns with US address on an annual basis. They should not be the nonimmigrant tax returns. Also, be sure to be receiving mail had a US address. It is also helpful if you have a deed or lease to property in the US. Also, bank account information and utility information is generally helpful. This information is provided to you as a courtesy and should not be construed as legal advice by our law firm.