Under the Immigration and Nationality Act (INA) an immigrant visa may be cancelled for failure to apply for an immigrant visa within One (1) year of being advised to do so. Our client was advised to apply for an immigrant visa based on marriage to a U.S. citizen but was unable to do so due to circumstances beyond his control. During the one (1) year window in which he was given to apply for his immigrant visa he was undergoing medical treatment that prevented him from applying for the immigrant visa.
After being retained, we were able to present evidence to the Embassy demonstrating that his failure to apply for an immigrant visa within the one (1) year window was based on his ongoing medical treatment and was beyond his control. Within one (1) month we received notice from the Embassy that his case was being re-opened for processing. The successful re-opening of his case saved him thousands of dollars and many months of processing. He is now a U.S. permanent resident (green card holder) happily living with his wife and family in the United States.
If you have an immigration matter it is best to seek advice from an experienced immigration lawyer before proceeding. For advice and counsel from an experienced immigration law firm, Contact Richards and Jurusik Today for a Free Assessment of your case.