What is most likely to happen to our case if my husband was incarcerated?

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What is most likely to happen to our case if my husband was incarcerated?
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Submitted by LawQA.com on November 30, 2011 - 8:24am

My husband and I got married, and a few months later he was arrested and sentenced to 7 years in prison. He would not fall under the Adam Walsh Act, but we continued with our petition to change my status. Our interview is coming up and he wont be there. What is more than likely the outcome?

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Submitted by Alexander J Segal on November 30, 2011 - 12:24pm

Alexander J Segal's picture

You should retain an attorney as soon as possible. It is likely your petition will be denied without your husband appearing if you do not have an attorney present who knows the law. You must be able to show your marriage is bona fide to have the petition approved this is more difficult once a person is not available to appear at the interview.

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