Possibly out of country while adjudicating

[Sam_Son_83 17]

Hi,

 

August 8th 2016 waiver filer here.

Pretty stressed out about the whole process lately and I have a question to which I know there's no definitive answer.

 

I wanted to fly back to Europe over Christmas, especially since my grandmother passed a couple of days ago and I would definitely like spending a week or two with my family.

Now, we all know that the moment of truth for us August filers is potentially right around the corner.

To my understanding it is pretty safe to say that, should a case get denied while the applicant is out of the country, it would lead to a whole lot of trouble. I would assume there would be no way to e.g. get once case reviewed in front of a judge in court.

 

My question is, how likely would a straight up denial be? I assume that would be possible in theory, but from what I have read over the last almost two years is that people tend to receive RFEs or interviews, but to my recollection I haven't read or heard about denials without these.

 

How long of a warning do people have for RFE and interview respectively?

 

Thank you!

[nightingalejules 678]

2 hours ago, Sam_Son_83 said:

Hi,

 

August 8th 2016 waiver filer here.

Pretty stressed out about the whole process lately and I have a question to which I know there's no definitive answer.

 

I wanted to fly back to Europe over Christmas, especially since my grandmother passed a couple of days ago and I would definitely like spending a week or two with my family.

Now, we all know that the moment of truth for us August filers is potentially right around the corner.

To my understanding it is pretty safe to say that, should a case get denied while the applicant is out of the country, it would lead to a whole lot of trouble. I would assume there would be no way to e.g. get once case reviewed in front of a judge in court.

 

My question is, how likely would a straight up denial be? I assume that would be possible in theory, but from what I have read over the last almost two years is that people tend to receive RFEs or interviews, but to my recollection I haven't read or heard about denials without these.

 

How long of a warning do people have for RFE and interview respectively?

 

Thank you!

Pretty sure you wouldn't get a denial without RFE and/or interview. Here's what I would do:

1. Contact USCIS (make an infopass if possible, but at least call the call center) to make sure that you haven't missed an RFE or some other notification. (You probably haven't, but failing to respond is grounds for denial, even if you never received the RFE or notification)
2. Make sure there's someone checking your mail while you're gone. If something comes from USCIS, get them to open it and read it to you. You should have a reasonable length of time to respond to an RFE, (so if you're efficient when you return you should be able to respond) and you can reschedule an interview if you're away. 
3. Go on your trip and enjoy it.

Edited December 15, 2017 by nightingalejules

[mindthegap 2,701]

3 hours ago, Sam_Son_83 said:

To my understanding it is pretty safe to say that, should a case get denied while the applicant is out of the country, it would lead to a whole lot of trouble. I would assume there would be no way to e.g. get once case reviewed in front of a judge in court.

 An alien presenting themselves at a POE claiming to be a lawful permanent resident has the right to a hearing with an immigration judge.

 

Note that an immigration judge is the only person who can strip someone of their status - despite the wording of denial letters to the contrary - and someone with a denial remains a LPR until a final order of removal, and is entitled to a temporary I-551 until that time.

 

Also, don't forget that following the denial of an I-751, the applicant can refile a new I-751 (or multiple I-751 petitions, since there is no limit on how many can be filed) at any time prior to a final order of removal. 

It (or they) must be adjudicated before a final order of removal can be made by an immigration judge, and any hearing will be stayed pending adjudication. 

 

3 hours ago, Sam_Son_83 said:

My question is, how likely would a straight up denial be?

 

It happens.

 

3 hours ago, Sam_Son_83 said:

How long of a warning do people have for RFE and interview respectively?

 

87 days to respond to an RFE.

 

Notice for an interview varies. My first was ~60 days, my second I have no idea as I never received it,  and my third was ~30 days.

 

Edited December 15, 2017 by mindthegap

[shell20 746]

9 hours ago, Sam_Son_83 said:

Hi,

 

August 8th 2016 waiver filer here.

Pretty stressed out about the whole process lately and I have a question to which I know there's no definitive answer.

 

I wanted to fly back to Europe over Christmas, especially since my grandmother passed a couple of days ago and I would definitely like spending a week or two with my family.

Now, we all know that the moment of truth for us August filers is potentially right around the corner.

To my understanding it is pretty safe to say that, should a case get denied while the applicant is out of the country, it would lead to a whole lot of trouble. I would assume there would be no way to e.g. get once case reviewed in front of a judge in court.

 

My question is, how likely would a straight up denial be? I assume that would be possible in theory, but from what I have read over the last almost two years is that people tend to receive RFEs or interviews, but to my recollection I haven't read or heard about denials without these.

 

How long of a warning do people have for RFE and interview respectively?

 

Thank you!

I think you are over worrying,  but I can understand why you might be as I was in that frame of mind initially.  Im in Europe for Christmas, although my husband is in the States as can't get time of work. I was also worrying about an RFE, or such. 

 

I am glad @mindthegap  has shared their knowledge withus all regarding an immigration judge and the length of time you have to respond to an rfe.  It's totally madness that we worry about this all the time and can't really enjoy our time with our loved ones at Christmas, but in the end I have stopped my worrying and decided to enjoy the time I have with my relatives and friends.  Please try to enjoy your time away too because the RFE or approval  letter will still be there when you get back.  If you are worried about them, then see if you have a friend or neighbour who may be able to check your post/mail to let you know. 

 

I wish you a safe journey and a very  Merry Christmas.

[Sam_Son_83 17]

Thank you all for the highly informative answers. Really cleared up a lot of the questions and resulting worries I had.

I have someone that will check the mail daily and notify me of any notifications I get via mail. If I am not mistaken my lawyer is also i the loop with any communication from USCIS.

Also I will double check for the RFEs, for the odd chance there was a problem with it.

 

I wish you all a very Merry Christmas (or however you might celebrate during the holidays)!

Edited December 16, 2017 by Sam_Son_83

[mindthegap 2,701]

12 hours ago, Sam_Son_83 said:

 

I have someone that will check the mail daily and notify me of any notifications I get via mail. If I am not mistaken my lawyer is also i the loop with any communication from USCIS.

 

If you are using a lawyer and they are on the paperwork you submitted, then surely all communication from USCIS will go them and not direct to you?

That is, after all, one of the things you are paying them for. 

 

Oh - and sign up for USPS informed delivery. It works, and is invaluable for stuff like this.

Edited December 16, 2017 by mindthegap

[Sam_Son_83 17]

It's at the same time funny and sad that the last NOA I received is so long ago that I barely remember the details.

 

If I remember correctly I got the news from the attorney first, via email when Inwas still at work, but I'm pretty sure that I had the letter in the letterbox on the same day...

 

I have signed up for the indormed delivery some time ago. Thanks!

 

Edited December 16, 2017 by Sam_Son_83