Why the I-751 was denied?
ans: I was denied a I-751 Removal of Conditions for abandonment because I missed the interview as I was in the hospital. I contacted USCIS the day after the missed appointment. That was when I was able to. USCIS sent me a letter the next day but post marked it four days after they drafted it. The letter said I had 7 days to either drop off or mail back a letter requesting to reschedule and include documents to substantiate I was in the hospital. I did not get the letter until the day before I had to reply. I sent the reply the very next day with the documents back to the USCIS Service Center. Then two days later I received another letter from USCIS stating My petition was denied due to abandonment, and they were going to proceed with removal proceedings. I made an INFO pass. I brought the documents I had from the hospital. (I was transferred from one facility to the other so I only had the second facility discharge summary at the time with me). At the INFO pass they refused to overturn the removal proceedings stating that although they received my request to reschedule with hospital discharge it was still not enough as the second hospital admitted in the afternoon and it didn't prove why I missed my appointment that was scheduled for earlier that morning. My spouse did attend the INFO pass with me.
Why was the I-290B Motion to Reopen Denied?
Ans: I filed the motion to reopen and submitted supporting evidence from both hospitals and ambulance transport to support that I was hospitalized the day the interview was scheduled. However, I applied for a fee waiver. I included a copy of a state means tested benefit and the underlying I-751 was eligible to have the fee waived. I received a I-797 with my I-290B and supporting evidence returned stating the fee needs to be paid and can resubmit with the fee. I am not working and my spouse cannot afford to pay the fee right now.
What is my question?
(1)Should I resubmit the fee waiver for a HARDSHIP or try to come up with the money and pay? It would take longer to come up with the money?
(2) MOST IMPORTANT QUESTION: Would the resubmitted I-290B be denied. The I-797 did not specify a time frame for resubmitting? The instructions for the I-290B say a motion to reopen should be 33 calendar days from the denial. I am 53 days now past the date the I-751 was denied, eventhough the I-290B was first filed within the 33 calendar days. (it was filed on 29 days - it took time to get the hospital documents together). I don't want to come up with the money and have them take it and deny the I290b as being filed late.
(3) Should I just refile the I-751 without the Motion to Reopen? or Should I do both? The instructions for the I-751 fee waiver just states "Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request) and submit it and any required evidence of your inability to pay the filing fee with this petition. You can review the fee waiver guidance at www.uscis.gov/feewaiver. "
This is what the I-290B instructions state for Fee Waiver (Its tricky because the instructions refer you to the I-912 instructions) It doesn't really specify whether the fee should be waived as a means-tested benefit, income at or below poverty, or hardship.
The fee for Form I-290B may be waived under 8 CFR 103.7(c) if the applicant or petitioner can show
an inability to pay
1. The appeal or motion is from a denial of an immigration benefit request where the applicant or
petitioner was not required to pay a fee; or
2. The fee for the underlying application or petition could have been waived."
If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request) and submit it and any required evidence of your inability to pay the filing fee with this form. You can review the fee waiver guidance at www.uscis.gov/feewaiver.
No fee is required when Form I-290B is filed to appeal a denial of a petition for a special immigrant visa by a Special Immigrant Iraqi or Afghan national who worked for or on behalf of the U.S. Government in Iraq or Afghanistan.
Any advise is appreciated. I have been trying to find a pro-bono immigration attorney and none of them are pro-bono. The Attorney's immigration send with the denial proceedings are non-working numbers. I contacted USCIS and they said I have to find my own attorney. I am in Boston, MA