Question: I filed to sponsor my husband for his Green Card and we finally got the notice for the immigration interview. But two days before the interview, my husband passed out and I had to take him to the hospital where he spent four days. During that time we were so focused on his health issue that we completely forgot about the immigration appointment last week. Now I’m so worried. My husband was released yesterday, but we don’t know what to do about it.

Answer: That is a great question. Generally, when an applicant fails to appear for a scheduled residency interview without first filing a request to reschedule, a denial of the case is issued. In marriage residency cases, the USCIS issues a denial if either the U.S. Citizen or foreign spouse fails to attend. This happens even when one spouse shows up with an explanation as to why the other spouse was not able to  attend and attempts to reschedule. When a case is denied for this reason, a motion can be filed with an explanation regarding  the failure to appear and if approved, a new interview will be scheduled. Favorable decisions to reschedule interviews are usually issued by the USCIS in cases where it is shown that the failure to appear was beyond the applicants control, such as medical, never received the residency interview notice, etc.

Question: I have a question about the removal of conditions for  my residency that I got through  marriage to my husband who is an American. Last year before my conditional residency expired I filed the removal request with my husband. We completed the form and signed it and sent in some marriage papers like the  tax return and a utility bill. I got the receipt and I thought I should be getting my new permanent green card, but instead we just got back a letter asking us to submit evidence of our marriage. I thought we already did that. What do we do now?

Answer: This is a very common issue couples face when filing to remove the conditions on  temporary residency. For background, whenever a foreign spouse and a U.S. Citizen are married for less than two years by the time of the residency interview at the USCIS, the foreign spouse only receives a two-year Conditional Green Card. A second case must be filed later to make the Green Card permanent 90 days before the Green Card expires. These petitions are very serious and approval is not guaranteed. In fact, unless substantial evidence of a continuing marriage is submitted, the USCIS may transfer to the case to the local USCIS for a second interview to determine if the marriage was real or fraudulent, which often seems more like an interrogation. This can be avoided by providing all the required evidence with the initial I-751 petition, including copies of tax returns filed as “Married” filing jointly or separately, nearly two years (each and every month) of joint – bank accounts, auto insurance, mortgage or rent payments, copy of warranty deed or leases, etc. Well prepared petitions are often approved by the USCIS between six months and one year and are generally not scheduled for a second interview.

You should  respond to the USCIS request with copies of marital documents for each month from the time you obtained your initial residency to date. You can contact my office for a complete document  list.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is  not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understand that  this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call your state’s attorney Bar Association.