Can I reopen and win my denied immigration case from 1998 if my wife died 1 year after marriage? 2 Answers as of June 21, 2011She filed the paperwork for me and diad one year later in 1998. I heard Obama issued an administrative order to reopen all denied cases where the spouse didn't live for the formally required 2 years. I am basically under the radar for 13 years. Am I eligible for citizenship?
Pacifica Legal Services | Floyd Fernandez
You are correct in that your petition was wrongfully denied. However, when a petition has been denied, and you continue to stay, you in effect are subject to being removed with a 10-year ban from even applying for a new visa from outside the country. However, you do have the opportunity of raising the claim that, because you had a valid petition that should have been granted, you are a valid candidate to apply for adjustment of status, and that you should be reinstated, which would be granted under section 212 of the Immigration Act (INA). You can petition to reopen the case until October 28, 2011. You WILL need a lawyer to help you navigate through this process, and I would be honored to help. Please call or e-mail to set up an appointment for a telephonic or in-person consultation. And I hope to be of help to you.
Answer Applies to: California