Urgent travel while waiting on decision

[Scazy 78]

Hi guys, I'm a December 2016 filler and based on my rough estimate, December fillers would start seeing a movement in May. However I have an urgent travel to do leaving in 2 days and coming back in exactly 2 weeks from now. But here is where paranoia and anxiety of a long wait kicks in, it makes me sick to my stomach thinking about all "what ifs" if I won't be allowed back if my petition gets denied while I'm gone. I haven't seen much reports of straight up denials, only if something is wrong with a petition, and since I filled it out myself without legal advice im worry if I forget a signature at the right spot/or checking the right box, or whatever that could cause a denial. I'm so exhausted from racing my thoughts like this and prolong purchasing plane tickets so I decided to share it with you guys as I'm not 100% sure my concerns are even legit anymore. I would love to hear your optinion if it's indeed a risky adventure to leave when I expect to start seeing a movement for my month fillers or I'm simply loosing it because of anxiety. 

 

P.s. If there is no issues with my petition itself, I tend to believe it would be approved with all amount of evidences I sent. 

 

I'm sorry if I'm spreading worrys I usually try to encourage everyone but now it's me who's in feelings. 

Edited April 30, 2018 by Scazy

[mindthegap 2,537]

What if you get hit by a truck on your way to the airport?

It has been filed, it will be dealt with when it is dealt with - stressing over it won’t change that in any way. 

You will drive yourself mad - been there done that got the t shirts and many useless service request responses.

 

 

Yes, you can be issued a straight denial without an RFE - I can personally attest to that as I have never received an RFE. 

It would also be unusual to be issued a denial without an interview first but it is possible.

If you receive an interview notice you generally get around a months notice - sign up for USPS informed delivery and have someone able to check your mail if neccessary. You can’t really do anything more at this point.

 

 

Regardless, as a LPR you are protected by the law and you only cease to be a LPR after a final order of removal by an immigration judge , despite the wording of the denial letters.

Remember that an immigration judge is the only one who can terminate ones LPR status, and a LPR is entitled to a hearing with one - and also to appeal that decision if unhappy with it .

If denied and a hearing pending you are also entitled to proof of your status until such a hearing has taken place.

 

If you have a valid stamp and are presenting as a LPR you would be permitted re-entry to the US, even if denied when overseas.

You could also file another I-751 immediately if you receive a denial, which puts you back into full I-751 pending status 

 

 

Edited April 30, 2018 by mindthegap

[Scazy 78]

40 minutes ago, mindthegap said:

What if you get hit by a truck on your way to the airport?

It has been filed, it will be dealt with when it is dealt with - stressing over it won’t change that in any way. 

You will drive yourself mad - been there done that got the t shirts and many useless service request responses.

 

 

Yes, you can be issued a straight denial without an RFE - I can personally attest to that as I have never received an RFE. 

It would also be unusual to be issued a denial without an interview first but it is possible.

If you receive an interview notice you generally get around a months notice - sign up for USPS informed delivery and have someone able to check your mail if neccessary. You can’t really do anything more at this point.

 

 

Regardless, as a LPR you are protected by the law and you only cease to be a LPR after a final order of removal by an immigration judge , despite the wording of the denial letters.

Remember that an immigration judge is the only one who can terminate ones LPR status, and a LPR is entitled to a hearing with one - and also to appeal that decision if unhappy with it .

If denied and a hearing pending you are also entitled to proof of your status until such a hearing has taken place.

 

If you have a valid stamp and are presenting as a LPR you would be permitted re-entry to the US, even if denied when overseas.

You could also file another I-751 immediately if you receive a denial, which puts you back into full I-751 pending status 

 

 

Mindthegap, thank you so much for your input! Yes, the wording about status termination is scary especially when paired with the CBP statement that entry is not granted to anyone who's not a citizen, LPR includingly. 

I do have informed delivery and all I see there so far is a mail spam. 

Was just trying to weight out the risk of leaving now compare to rescheduling a trip for 2 months but then again, who knows when it's gets approved or any action taken. 

[sweetswinks 400]

35 minutes ago, Scazy said:

Mindthegap, thank you so much for your input! Yes, the wording about status termination is scary especially when paired with the CBP statement that entry is not granted to anyone who's not a citizen, LPR includingly. 

I do have informed delivery and all I see there so far is a mail spam. 

Was just trying to weight out the risk of leaving now compare to rescheduling a trip for 2 months but then again, who knows when it's gets approved or any action taken. 

Do you have the I-551 stamp in your passport?

[Scazy 78]

25 minutes ago, sweetswinks said:

Do you have the I-551 stamp in your passport?

I do, it's valid for many months to come. I was just anxious leaving the country during estimated month of processing application (May-June) even though it's just for 2 weeks...like what if it's get denied while I'm gone because I haven't filled it out correctly or something else. It's a gray area if i551 would be sufficient for re enter in that case (well at least to me it as)