Late Filing! I need help and info!

[abbie021209 0]

Hello everyone, I am a newbie here. I heard this website from a friend of mine. I hope to know more information which I hope I will get from this website. Ok here's my story. My conditional greencard's expiration date was September 2008. My husband and I applied to remove conditions on my residency on July 2008. We received the notice of action (NOA) and a few weeks after that we also received the ASC appointment for my biometrics. But here's the thing, they sent us those notices before they even got to cashed the check and the worst thing was due to financial problem, we used the money in the bank which was intended for the application fee. The date for my ASC appointment, my husband was sent to the emergency hospital because he had a grandmal seizure. So we weren't able to go to my biometrics appointment at all. But then later on, the USCIS sent us a letter saying that:

" We previously notified you that the payment for the filing fee in the above case was returned, Your application or petition has been rejected as improperly filed. A new application or petition must be filed, and a new fee is required, if you wish to pursue the benefit. Your application has been rejected as improperly filed"

That's what the letter says that we got from the USCIS. We werent able to pay the fee because we didnt have the money. But now we still have to pay that fee though. Anyway, what I did, I applied again and request for a "fee waiver" which I read on the website of the USCIS. They sent back my second application because they said that:

" Your application has already been filed on July 10, 2008".

Long story short: my conditional greencard has been expired since September of 2008. I am planning to file again this coming July. What's gonna happen? Im afraid they will deny my petition. And I dont want to be deported, I have a 2 month old baby. And if ever I will be deported, can I bring my baby with me? please help....

[-B&T- 1]

Hi,

Sorry about your situation, its kinda tough and your at risk of getting deported if this mess won't get fixed.Don't wait 'till july to refile do it as soon as you can and just send the $545.00 fees.Your child was born in US?Baby might stay if you get deported but am not sure with this but hopefully, hopefully, that won't be the case 'coz it's heartbreaking just to even imagine that you will be separated from your child.Good luck and you may consult a lawyer too about your situation.

[abbie021209 0]

Thank you for a quick reply. We have to wait until July to refile because we dont have the money yet.

It will really break my heart to be separated from my baby. She's everything to me. I do not know what to

do if she's not with me.

I need more info please! any opinions are highly appreciated!

[Bobby+Umit 161]

You are in danger of losing your LPR status.

Source Removing Conditions

It seems by the info you gave, they are still holding your application open - You should find out exactly what the status of your application is, and go from there. (infopass)

[Immigrant2009 0]

Thank you for a quick reply. We have to wait until July to refile because we dont have the money yet.

It will really break my heart to be separated from my baby. She's everything to me. I do not know what to

do if she's not with me.

I need more info please! any opinions are highly appreciated!

Hi,

Reading from your comments there it seen there you have a very tough situation going on. We are immigrants go through

tough times. I don't mean to be rude, but i will be very honest with you. It seems that you took this I-751 very lightly

and didn't do research regarding filing, not/late filing and not following up. I-751 though seems not complicated to

file is either a passage to 10 yr GC or deportation.

When you give someone check you need to honor it, especially if you are giving it to government.

You should have used other means/loans to take care of your need or should have made sure that you have funds

before filed. Because it's a rule we all have to follow.

Now the fee waiver part

http://www.uscis.gov/feewaiver

According to USCIS it is applicable to those who in the last 180 are receiving food stamps, government aid etc

and are having financial hardship . If you are taking aid

from government then your sponsor needs to back it back to the government because thats why there's sponsor form I-864 'Affidavit

of support' for Marriage based GC.

So I would suggest make an info pass appointment and ask about your case and I think the only solution would be to arrange

the fee money somehow and make a check to

Department of Homeland Security and send it with a coverletter explaining your situation with your A# and Biometric letter #.

You didn't go the biometric appointment as well which further makes your case difficult. According to biometric letter if you don't

show up for the appointment your applicant is considered abandoned

That was just my advice, but i would advice please make an infopass and consult a lawyer to save yourself from deportation and other troubles.

This is not a joke, this your life and your family's life at stake.

Good Luck.

[abbie021209 0]

You are in danger of losing your LPR status.

Source Removing Conditions

It seems by the info you gave, they are still holding your application open - You should find out exactly what the status of your application is, and go from there. (infopass)

Our only income is from my husband's SSI and Social Security checks for a total of $657.00 every month. We are paying $300 every month for the house rent and some of that money goes to other utility bills. My husband gets foodstamps too, thats why I tried and sent in an application the second time and asked for a fee waiver request because we just cant afford it. We wanted to get an attorney for this but we have no money to pay him.

Are they any law attorneys out there that are free of service?

[Eli 0]

Abbie,

The first thing you need to do is make an Infopass appointment. This is a meeting with an immigration officer who will review your case with you, listen to your situation, and explain the course of action you need to pursue. Here are the instructions for booking an infopass appointment, I recommend you do this right now. When you go to your appointment you need to take ALL of your documentation with you, including all notices the USCIS has sent you. If you do not demonstrate to the USCIS that you are still pursuing the case they will start removal proceedings against you to have you deported. I'm not trying to scare you, but this is your situation at the moment and you need to take it seriously. Because of the complicated nature of your case and the conflicting information from USCIS about the status of your case, we really can't help you until you get some more information from an immigration officer. Infopass appointments are free, and it will give you an opportunity to have your questions answered directly by someone much more knowledgeable and will give you a direction to pursue. Schedule it now and you can get back on track and get this taken care of.

Good luck!

Elizabeth