Removal of Conditions of Residence - Denial due to Abandonment! please help

[bencolbeck222 0]

Greetings, Thank you in advance to anyone taking the time to read this. Ill keep it brief:

April 2013: filed Form I-751, Petition to remove conditions on residence

May 2013: New Biometrics

August 2013: Request for Evidence

At this point we (my wife and I) sent in Affidavits from colleagues, phone bills, marriage cert etc.

This apparently never got there as on Dec 6th: Denial due to Abandonment

Stupidly I thought we were in the clear at this point and didnt keep the mailing receipt.

From my Research it looks like we have 3 options:

1) Motion to reopen - tricky without concrete evidence of mailing

2) Review decision with an Immigration Judge

3) Start over, file again - if so - from where? How can I file again for removal of conditions when my CPResidence has been terminated?

Any advice on which avenue to take would be fantastic, you guys are a beam of light in this confusing and scary process.

Ben and Jess

[Pitaya 2,577]

~Moved from Family-based AOS to Removing Conditions on Residency General Discussion (ROC) Forum~

~Inquiry about ROC process~

[adtoe1105 0]

Tricky!! very tricky...

Do you remember what carrier did you use? UPS, FedEx, DHL, USPS?

did you do it online or physically?

if physically, have you tried going to the store and see if they can pull the records of the approx dates when you sent it?

if online, have you called their 1-800 number and asked about it...all those companies typically keep their records for at least 2 years I believe, it's the law!...for audit purposes.

it may help, and most importantly, if you do find evidence that you mailed it...you could go with option 1.

Now if you just used a regular letter, that's like playing with fire!...I personally used UPS requiring signature, knowing this could happen....

best of luck, and hopefully you can gather at least enough evidence to make option 1 work...

[Hypnos 6,576]

You will need proof that you mailed the document to have any chance of success with a MTR. As stated above, you should contact the carrier (USPS, FedEx, UPS) and see if there is a copy of the receipt / other proof they can give you. If you cannot obtain proof of mailing then don't bother with a MTR, your chances of success would be essentially zero. The package would also have needed to be delivered for you to have a chance with a MTR, do you know if this was the case?

Worst case scenario, you may be able to file for adjustment of status all over again. I'd suggest you consult with an experienced immigration attorney, since right now you are out of status, deportable and (theoretically) could be detained by ICE at any time.

Edited December 13, 2013 by Hypnos