Interesting Information on ROC

[tuckin14 58]

I was given the following information at an InfoPass appontment:

1) A CPR, if denied ROC, becomes a "temporary resident." They still have work authorization. This remains until they go before an immigration judge. Based on information I've read in the media, the wait for a hearing before an immigration judge can be quite lengthy.

2) For divorce waiver purposes, a filing is as good as a decree. You don't have to actually be divorced, you just have to show that you've filed for divorce.

3) If a CPR is working, USCIS has no mechanism to inform their employer. If the employer monitors their immigration status (for example, saying "We show that your green card expires next week, do you have a new one?) someone losing work authorization might get caught, but not automatically.

4) Someone who is denied ROC can file a new petition so long as a Notice To Appear has not been issued. In other words, if denied ROC, you can just file (and pay the fee) again and go to the back of the line and wait for the case to come up. This could theoretically be done indefinitely.

[Hypnos 6,576]

1) Not sure this is correct.

2) I know this isn't correct. RoC based on a divorce waiver requires a certified copy of the divorce decree from the relevant court; RoC will not be approved without it (there's countless examples of this here).

4) I believe I read somewhere about a mechanism in place to prevent this from happening. Something like if a RoC petition is arrived under the exact same circumstances as one previously-filed then it's an automatic denial, something like that. I would need to track down the policy memo I read.

In general, legal advice obtained from USCIS is worth precisely what you paid for it.

[tuckin14 58]

It would be sorry indeed if the Immigration decision officers at USCIS are less knowledgable about these matters than anyone else. This was not a random person on the phone at the call center.

I have no vested interest in arguing that anything I was told is or is not true. But it's what I was told.

Regarding #4, it doesn't matter if the subsequent petition is denied. The point is that it buys you time; potentially as much time as you can pay $590 for each time.

[Hypnos 6,576]

Given that one of your points is demonstrably false (#2) then that calls into the question the veracity of the others.