I-751 (joint) pending denial after failed interview, have valid I-551 in expired passport, can I travel?

[americanwombat 0]

I need to attend a funeral for a close relative end of this month and help with cleaning out their house. I just failed my joint I-751 interview as my ex-spouse did not show, but I do have a valid I-551 in my expired passport which I used to get a new passport arriving next week.

Normally you're allowed to re-enter showing your expired I-551 stamped passport and new valid passport, but if your I-751 is denied whilst away, will you still be able to re-enter? I don't have time to wait for filing a new I-751 waiver application. Please advice.

[Hypnos 6,576]

Given your situation I would not lose one of your last best bargaining chips (your presence in the US) for something that was not a life-or-death emergency.

You run the risk of the I-751 being denied whilst you are overseas, which would give you more of a problem than it would if it were denied with you in the US. I suspect that you'd still be able to re-enter, since you're an LPR until an immigration judge decides that you aren't, but, again, that's not something I would personally put to the test.

[americanwombat 0]

Thanks. I will talk to a few lawyers tomorrow and see what they say, also try to schedule an infopass appointment to get a final answer.

[Cathi 5,610]

I need to attend a funeral for a close relative end of this month and help with cleaning out their house. I just failed my joint I-751 interview as my ex-spouse did not show, but I do have a valid I-551 in my expired passport which I used to get a new passport arriving next week.

Normally you're allowed to re-enter showing your expired I-551 stamped passport and new valid passport, but if your I-751 is denied whilst away, will you still be able to re-enter? I don't have time to wait for filing a new I-751 waiver application. Please advice.

if you're divorced why would there be a joint interview to begin with? After divorcing you should have filed a divorce waiver

[Cheezees 1,514]

There are several issues here.

1. Why did you file a joint application if you are divorced?

2. Did the interviewer state that the interview was failed?

3. What was the official status of your case after the interview?

4. A denial of the ROC leads to a removal letter being sent to you. Why remove yourself before reapplying?

5. It is only July 7. Your friend's funeral is at the end of the month? This timeframe does not seem right.

Could you please clarify? Thanks.

[americanwombat 0]

1. We got divorced during the joint application, I was advised to wait with filing the waiver because you are likely to get your greencard if your spouse shows up to the joint interview and explains you were bona fide married but then things fell apart etc and you got divorced. I know for fact that this can happen. You can still file the waiver application afterwards.

2,3. Yes the interviewer said he would deny the application. Unsure of official status will call USCIS tomorrow morning.

4.5. Yes it is right. Trust me, I don't WANT to leave.

[Cheezees 1,514]

To the OP:

I am surprised that you were advised not to immediately refile with the divorce waiver. That is the opposite of what I have seen here so far on VJ. I have seen a few posters who submitted a waiver shortly after submitting a joint one. The risk of the former spouse not showing up is "high" to me. Since the interviewer is going off of a joint application, it would seem that a former spouse (even if they attended the interview) would be a direct conflict. What would be the point of having the ex-spouse at the interview if the application has to be refiled with the waiver?

You say you know this can be done. How so? I really have never heard this before.

It doesn't seem like the interviewer denied the case right away. Did they recommend refiling with the waiver?

To other forum members:

Does anyone know of a case where a denial was in progress and the PR traveled and was able to return? I know you are free to leave but can you come back?

[americanwombat 0]

One lawyer chimed in:

"USCIS will first issue a "Notice Of Intent To Deny" ("NOID") and give you 33 days during which to respond. If also after they issue a Denial, then USCIS will file a "Notice To Appear" in immigration court, where you will be placed in removal proceedings but will have a "second chance" to present your I-751 case to an Immigration Judge (who is no fool, but a highly educated, intelligent individual).

During all that period, even after an I-751 denial by USCIS you will still be a "Lawful US Permanent Resident", until and unless a judge strips you of your LPR status and orders your removal (rare). Thus, and especially with a still valid I-551 stamp, you will be allowed (admitted) back into the country." who also confirmed you can file the waiver before the end of the 33 day period to avoid going into removal proceedings and instead get a 1 year extension for your individual waiver application. But in any case I will verify with USCIS tomorrow.

[NikLR 13,220]

I wouldnt leave.

[Cathi 5,610]

If you were divorced or in the process of divorce when you applied for ROC but went ahead and filed for removal of conditions you were rightly denied. Just because someone told you to go ahead and apply anyway does not mean it was the right thing to do. Did you not think you would be denied if the petitioner didn't show up? Did you expect the petitioner to lie for you if they had showed up. Lying to USCIS in order to obtain immigration benefits is fraud.

[americanwombat 0]

mimolicous: We were not in the process of being divorced at the time of the application, getting divorced during one is fine and many people are approved for their joint application explaining that things went south.

I talked to a USCIS level 2 immigration officer today, they recommended that I don't leave, but couldn't give me a clear answer if I would get denied re-entry or not, I asked if there was someone else I could talk to, and they suggested the Customs and Borders office, I will try to give them a call on Monday to see what they say as the question is of a general nature and I'm sure they run into such cases.

[Unlockable 7,306]

You have numerous people telling you to stay put, including tier 2 immigration employees. Nothing wrong with continuing to inquire, but you should make preparations to not attend the funeral to be safe.

Just sit and think for a moment how bad of a predicament you will be in if you are denied reentry.

Edited July 9, 2016 by NuestraUnion