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donadoni

I-751 denied cause of a lawyer mistake!!

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Filed: Timeline

hi everyone!!!

i received a letter from the immigration saying that my I-751 to remove conditions on a waiver is denied cause it was filed while the divorce wasn t final yet and they termineted all my rights as a resident even though i have a child in this country !!

My divorce has been in court for almost a year and a half now but it s getting to an end,it took long cause my ex-wife made it as hard as she could by acusing me of abusing my 9 months old son sexualy(once she filed the divorce),i had to go through a sychiatric in order to proof my innocence,thing wich happend and the court gave me all my rights toward my son!!

i went to a different immigration lawyer and she told me that the lawyer who filed my I-751 made a big mistake cause the law changed about a year ago and the new one requires that divorce be final before filing a waiver!!!she asked me for $3000 just to start the case and that s if get my divorce decree withing this month before they start my deportation process ,knowing that my financial situation is terrible cause the divorce and fighting in order to be able to be a father to my son took all my money and i m holding an hourly position job.

Please advice !!!!

thank you in advance!

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Filed: K-1 Visa Country: Haiti
Timeline

Contact a very experienced lawyer asap, do not let them start removal procedure on you, the lawyer will talk your way out in front of the judge so they can put your case on hold untill your divorce is final.


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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Filed: Other Timeline

Not a year ago, but a few months ago USCIS changed their policy in how to handle I-751 petitions of applicants who are separated and filed for divorce, but are not divorced yet.

Until recently, such a petition would have been denied. Now, however, they accept it but send you a request for further evidence (RFE), asking for the divorce decree. All of this takes time, and after all the time you got is up, removal proceedings will be initiated automatically and at some time you'll be in front of an immigration judge. The fact that you have a child in the US has no bearing on this.

It looks like you are now at the stage where you will need a lawyer. More precisely, you will need a lawyer who specializes in deportation cases. Yes, that will cost you several thousand dollars, but unless you are well versed in immigration law and great in presenting yourself in a public setting, you can't pull this off alone. If you fail, you'll be leaving the USA. There are lawyers, however, who have payment plans. You will be paying this off for a long time.

Your lawyer will ask the judge to put the removal proceedings off, until a new I-751 has been filed and decided upon. Most likely the judge will agree to this. Once you have the divorce decree, you lawyer will submit a new petition and USCIS will decide on it.

Redundant to say, the fact that you were accused of child abuse, even if completely untrue, makes this a bit more difficult.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Timeline

thank you for your advice

you are right in all what you are saying,they sent me a request for the divorce decree and gave me a deadline of last march in order to forward it but i couldn t get it,i may get it next month .When it comes to the child abuse story ,i was never arrestted,it was a false accusation on the divorce petition and the judge ordred a psychologe wich we visited both of us and me especially with the child and he found out that it s only a lie and it s a lie cause i love my son to death and all what she did was in order to take him away from me .

My question to you if you don t mind,is my immigration lawyer guilty for filing without a divorce decree (he filed on august 2009)???or did the change of law happend after he filed and if it s the case it should ve been treated based on the old law.

thank you so much for your help and Sorry if Ballack won t play the soccer world cup,i m a manshaft supporter!!!

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Filed: Timeline

hi everyone!!!

i received a letter from the immigration saying that my I-751 to remove conditions on a waiver is denied cause it was filed while the divorce wasn t final yet and they termineted all my rights as a resident even though i have a child in this country !!

You may have good proof for the waiver ( like your child ), but a divorce decree is mandatory. You got a standard denial.

My divorce has been in court for almost a year and a half now but it s getting to an end,it took long cause my ex-wife made it as hard as she could by acusing me of abusing my 9 months old son sexualy(once she filed the divorce),i had to go through a sychiatric in order to proof my innocence,thing wich happend and the court gave me all my rights toward my son!!

Keep proof of your treatment, proof that the accusations of your wife have been thrown out by the judge...your wife doesn't look good at all. Her false accusations make your case stronger.

i went to a different immigration lawyer and she told me that the lawyer who filed my I-751 made a big mistake cause the law changed about a year ago and the new one requires that divorce be final before filing a waiver!!!she asked me for $3000 just to start the case and that s if get my divorce decree withing this month before they start my deportation process ,knowing that my financial situation is terrible cause the divorce and fighting in order to be able to be a father to my son took all my money and i m holding an hourly position job.

If your waiver is denied you have 30 days to file a new one, get a recognized lawyer from your area who has exp. in 751 waivers, this refiling may stop the removal. Its important you refile as soon as possible and then attach the divorce paper to the application. The lawyer has to work on buying you time and stopping a removal since you dont have a decree. With a decree you case has no problems at all.

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RESULTS NOT GUARANTEED

CLIENT has been told, recognizes and understands that ATTORNEY has made No GUARANTEE promising the success or outcome of this case.

That's why the fine print in lawyer's contracts says "can not guarantee results."

The burden of malpractice would require the client to get another lawyer

and sign the same kind of contract...


02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I-751 was denied due to your inability to provide divorce decree. It was not due to a lawyer mistake...


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

I-751 was denied due to your inability to provide divorce decree. It was not due to a lawyer mistake...

At the time of the filing (and this was before the april 2009 memo from USCIS), the lawyer should've known that the I-751 waiver based on divorce MUST be submitted along with the divorce decree.


Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

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Filed: Timeline

The lawyer is the one who s supposed to know about the law changes!!when it comes to me i did what i m supposed to do ,i went to a lawyer office 3 months before the 2 years GC expires and i was told that we are going to file and whenver the divorce is ready just bring it in and we ll submit it to the immigration!!once i was asked by immigration to forward a divorce decree i couldn t cause it was still pending in court in Miami and it had to go through mediation and after that a trial (wich i m still waiting for)before the judge to decide on the reserved points and make it final!!Florida s state law is terrible in family branch and takes forever especially cause my ex did her best to make it as hard as she could by filing a motion after the other in order to waist time cause she knows that i m going to remove conditions and i need the divorce decree!!!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Regardless of when the initial I-751 application was made, the USCIS responded according to the rules of the memo from April 2009. Unless the lawyer also represented in divorce proceedings, he can hardly be blamed for inability of the applicant to get a divorce decree on time.

you are right in all what you are saying,they sent me a request for the divorce decree and gave me a deadline of last march


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

PS OP did not provide the time line, hence no idea when he sent I-751 in.

...and yes, it sucks that federal immigration does not take into account realities of divorce in the states... but, that is not lawyers fault. If anything is his fault, it is that he apparently did not explain to his client what was going to happen once that RFE for divorce decree goes unanswered...

Edited by rika60607

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: Country:
Timeline

Most lawyers are very good, but there are a few that give the rest a bad name. Before choosing a lawyer, it is important to research where they went to school, what they specialize in, etc. Many lawyers may know the very basics of immigration law, but very few actually took more than one class in law school and did the things after law school, like clerking for an immigration judge, that provides the vast knowledge required to be a good immigration lawyer. Basically, don't just go with the cheapest lawyer available or with a lawyer who happens to be the cousin of your best friend. If a lawyer if really needed, it is better to spend a bit more money to get one that actually knows a lot about immigration law.

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