Was my i-751 accepted or not??

[Gary and Alla 3,694]

Your petition is accepted and your green card extended for one year.

An I-797C is NOT an automatic thing and it is NOT sent to everyone. IF you filed late without an explanation your case would have been returned REJECTED as it was for another member just a couple days ago and he was ONE DAY late. It was rejected and he was told to resubmit with an explanation why it was late. That thread is running here right now.

That particular requirement is in the instructions. Your case will most likely be approved without any undue nuisance as have MANY other members in similar cases. Provided you gave adequate evidence there should be no problem. IF your residency were terminated and your travel and work privileges suspended you would receive a notice to that effect.

The attorney was full of sh*t, but would have gladly offered their services for you to re-file. You are good to go.

I am not guessing.

Edited May 10, 2012 by Gary and Alla

[Gary and Alla 3,694]

My friend, there is no guarantee of anything in this world. Everything is up to the discretion of the IO who's handling your folder & every case is different.

But what I'm saying is " Under her circumstances she will be rejected " , that is the LAW !..... I would be so surprised If she doesn't get rejected.

he will be fine. They do NOT send receipts to everyone and I have no idea where that whopper came from.

[Gary and Alla 3,694]

The OP has an NOA1, just like the OP in this thread: http://www.visajourney.com/forums/topic/366658-late-for-filing-removal-of-conditions/ that you commented on today. I will note that in the referenced thread you indicate your friend did NOT receive an NOA1 and instead received a rejection straight off. This differs from both the referenced thread's situation, and the above situation.

Again, late filing is NOT the end of the world, it should DEFINITELY be avoided but if you find you are late you should file ASAP with a GOOD explanation of why and hopefully you will not have your ROC rejected.

so far Vanessa you are the only one that has been correct. I disagree with only one thing. IF the NOA he has extends the work and travel privileges, I am fairly certain it does, then she is free to work and travel.

Look, if anyone here thinks that USCIS just sends out official documents to allow work and travel when you are REALLY in removal proceedings...I can only say ####### are you smoking?????????!!!!!!

The NOA1 for the removal of conditions is NOT "jsut a receipt" it is a document which extends immigration benefits for one yearIt is NOT sent to just anyone in return for a check. Be serious.

If anyone had been paying attention you will see another thread running here concurrently where a member got a rejection for filing ONE DAY late but without an explanation. He did NOT get an NOA1 extending his immigration benefit. The member in this case had read the instructions and did what was required. He is fine, he will be fine, it is not even an issue at all. Period.

While it is "up to the directors discretion", guess what? It will be approved, they almost always are.

[Cino 5]

he will be fine. They do NOT send receipts to everyone and I have no idea where that whopper came from.

OK. You are right, I do not know anything. Look at OP's the part of first original post what his IMMIGRATION ATTORNEY said to him. It was not me, do not blame on me. He/she does not know it either ?????

I rest my case, thank you all !.....

Is the I-797, Notice of Action actually an automatic reply to everyone that files an I-751? The attorney states that a clerk just accepts the money and issues a receipt (the I-797). And that once an examiner reviews her application, it will get denied.

JP

[Gary and Alla 3,694]

OK. You are right, I do not know anything. Look at OP's the part of first original post what his IMMIGRATION ATTORNEY said to him. It was not me, do not blame on me. He/she does not know it either ?????

I rest my case, thank you all !.....

The attorney is wrong. Happens often enough, many times every day.

Edited May 10, 2012 by Gary and Alla

[jpaul18535 0]

All,

First, thanks for all the input. We are trying to take the positive input but we understand there is the potential for the negative to happen.

Second, I'd like to clear up the advice from the attorney, I would not classify posting a question to an online attorney as being "my attorney". If it comes to the point of requiring an attorney, it would not be an online attorney. For us, it was a weekend night, confused and hit the web trying to find answers. In an attempt to try and relieve some of the anxiety, we reached out to an online attorney for $38.

Now for our current update. Since we mailed our late I-751, and receiving our NOA1 on 4/25 and asking around, we are still getting 50/50 on my wife's late filing being accepted or being rejected. I also called the immigration toll free number. Knowing the toll free support for immigration services is basically a help desk, and that they respond off of scripts, we called them anyway just to hear what they had to say.

I talked to a very nice rep (after my wife gave him permission to talk w/me). I explained exactly what I have shared here. He said first off, anyone, even those who file within their 90 window can be denied due to a number of reasons. He said our filing still falls into that category. He also said we have one more reason for being denied seeing as we filed late. Saying that, he said that receiving the receipt with the 1 year extension was a positive action and that not everyone automatically received the receipt (per this rep, the online attorney was wrong). He also advised that we didn't travel and strongly suggested that we make an info pass appointment and talk with an IO. I had already done that prior to calling the toll free number. Our appointment is 5/15.

The rep also asked if we had received our bio appointment. I told him we had not. He said that receiving that was another positive step but did not guarantee that we would not be denied but it was a positive step. And he added that they don't just send out these appointments to everyone and that some level of review had occurred.

Prior to hanging up, I asked the rep, after qualifying my question as being off the record and totally not binding, what does he think our chances are of being accepted late. He said that quite a few late filings are accepted late, as long as they have a letter of explanation and aren't really late.

Today, 5/10, we received the bio appointment letter, form I-797C. My wife's appointment is on 6/1.

Having received the NOA2, we now have a number we can check our status. Our current status is in "Initial review". I believe this is the part where the rubber meets the road....

We are aware that all of this can go south in a hurry but we are optimistic that at least things are moving in a positive direction.

Cino, I understand the "It's the Law" thing and respect the law as well as your opinion. But I also know that going 65mph in a 55mph zone is speeding and the police do give out warnings sometimes even though you are breaking the law. I'm hoping the IO that reviews my wife's case is the warning type of IO and not the "it's the law" kind of IO.

During our meeting with the IO, we plan on asking:

1) His thoughts on our filing being accepted

2) His thoughts on travelling to Venezuela after my wife's bio appointment on 6/1, seeing as the processing time at the VSC is at 8 months as of today. (she only plans on being gone for 3 weeks).

3) If my wife does decide to travel (which at this point she isn't), what recourse do we have in the event that she gets denied while in Venezuela.

I'm all ears if anyone has any other questions we should ask the IO during our appointment.

Thanks again for all the input and I will provide an update after we meet with the IO on 5/15.

JP

[Gary and Alla 3,694]

All,

First, thanks for all the input. We are trying to take the positive input but we understand there is the potential for the negative to happen.

Second, I'd like to clear up the advice from the attorney, I would not classify posting a question to an online attorney as being "my attorney". If it comes to the point of requiring an attorney, it would not be an online attorney. For us, it was a weekend night, confused and hit the web trying to find answers. In an attempt to try and relieve some of the anxiety, we reached out to an online attorney for $38.

Now for our current update. Since we mailed our late I-751, and receiving our NOA1 on 4/25 and asking around, we are still getting 50/50 on my wife's late filing being accepted or being rejected. I also called the immigration toll free number. Knowing the toll free support for immigration services is basically a help desk, and that they respond off of scripts, we called them anyway just to hear what they had to say.

I talked to a very nice rep (after my wife gave him permission to talk w/me). I explained exactly what I have shared here. He said first off, anyone, even those who file within their 90 window can be denied due to a number of reasons. He said our filing still falls into that category. He also said we have one more reason for being denied seeing as we filed late. Saying that, he said that receiving the receipt with the 1 year extension was a positive action and that not everyone automatically received the receipt (per this rep, the online attorney was wrong). He also advised that we didn't travel and strongly suggested that we make an info pass appointment and talk with an IO. I had already done that prior to calling the toll free number. Our appointment is 5/15.

The rep also asked if we had received our bio appointment. I told him we had not. He said that receiving that was another positive step but did not guarantee that we would not be denied but it was a positive step. And he added that they don't just send out these appointments to everyone and that some level of review had occurred.

Prior to hanging up, I asked the rep, after qualifying my question as being off the record and totally not binding, what does he think our chances are of being accepted late. He said that quite a few late filings are accepted late, as long as they have a letter of explanation and aren't really late.

Today, 5/10, we received the bio appointment letter, form I-797C. My wife's appointment is on 6/1.

Having received the NOA2, we now have a number we can check our status. Our current status is in "Initial review". I believe this is the part where the rubber meets the road....

We are aware that all of this can go south in a hurry but we are optimistic that at least things are moving in a positive direction.

Cino, I understand the "It's the Law" thing and respect the law as well as your opinion. But I also know that going 65mph in a 55mph zone is speeding and the police do give out warnings sometimes even though you are breaking the law. I'm hoping the IO that reviews my wife's case is the warning type of IO and not the "it's the law" kind of IO.

During our meeting with the IO, we plan on asking:

1) His thoughts on our filing being accepted

2) His thoughts on travelling to Venezuela after my wife's bio appointment on 6/1, seeing as the processing time at the VSC is at 8 months as of today. (she only plans on being gone for 3 weeks).

3) If my wife does decide to travel (which at this point she isn't), what recourse do we have in the event that she gets denied while in Venezuela.

I'm all ears if anyone has any other questions we should ask the IO during our appointment.

Thanks again for all the input and I will provide an update after we meet with the IO on 5/15.

JP

It is certainly true that applying does not guarantee approval. I do no think anyone suggested here that you have been approved or that you WILL BE approved...and that was not your question to begin with.

As I said, I am not guessing. And I do not call the 1-800 number to find out. It appears the person you talked to gave you a good answer, responsible answer. Your petition WAS accepted for processing and the letter DOES extend your privileges for one year. Your explanation WAS accepted. That does not mean you could not be denied for some other reason. The bio letter further confirms this.

Many RoCs are approved without an interview. If the documentation you submitted is adequate there is no reason this would not be the same, the issue of wheter filing late will cause a denial has already been answered.

As far as whether or not you are violating the LAW...NO! Anyone that says so is wrong. The LAW has a provision for filing late Going 60 in a 55 zone is ILLEGAL, what you did is NOT illegal, it is completely in compliance which is WHY you were accepted.

You are SUPPOSED to file before you green card expires but there is a provision for that in case you do not, you used it. I do not recommend people do this, but if it happens it is not the end of the world.

We also see numerous instances every day of attorneys being in error in what they say. Whether this is to encourage you to pay them more money, due to them not having all the details or just being lazy...is a matter that thinking people can debate. But the attorney answering your question for $38 was wrong. Be happy it only cost $38

Sleep well and good luck.