Is there anything I could do about my immigration status while my husband is incarcerated? 4 Answers as of July 20, 2011

I married my kids father and we filed for my green-card. He was arrested in June and my interview was for July. Immigration wrote me a letter stating that they closed my case because of his arrest. I have a Work Authorization card which is expired I have 2 kids and cannot work. I would like to know if there is anything I could do while he is in prison to obtain my green card, or do I have to wait until he comes out, and will there be any problems for now on?

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The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: A person can petition for his relative even if he is in jail. A case remains pending even if USCIS wants to hold it in abeyance to wait for a U.S. citizen spouse to be able to attend an interview. It is common for USCIS to want a U.S. citizen spouse to appear at an interview so USCIS can determine that a marriage is a bona fide one. Thus, an applicant should be considered having an application pending and can renew his or her employment authorization document. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I need to see the letter from USCIS to find out what is the reason they close the case. Did they close the case with prejudice? I also need to know what is the reason your husband was arrested, was he charged? etc. Before all those are clear, it is hard for any lawyer to evaluate your case.
Answer Applies to: Florida
Replied: 7/20/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If your case has already been denied, you should wait till he is released. I am sure if you had a good immigration attorney, he/she could keep your case pending.
Answer Applies to: Nevada
Replied: 7/20/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
Since the petitioner's presence is required at the interview, you will have to wait until he is released from jail.
Answer Applies to: Texas
Replied: 7/19/2011
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