http://www.cnweeklynews.com/immigration/74-immigration/1990-immigration-qaa
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. |