[urgent help] 3 years after i-751 denied due to abandonment, what should I do?

[Boiler 43,363]

An interesting combination of events, I think I can safely say not one I have seen before.

 

Taking it sequentially seems that you have been scheduled to appear in front of an IJ? If that is the case I would start there.

[aliceresidentevil 0]

1 hour ago, EM_Vandaveer said:

I'm pretty sure there's no such a thing as "USCIS treating the I-485 as I-751"...

Let me rephrase it. My lawyer applied i-485 for me on 2016 and then i-751 in the following year. He said because I was married to a USC over 4 years and I had my first CR card so that I could apply i-751 way before the 2-year expiry date. He included a cover letter explaining why we are applying way earlier than it should. 

Now I'm worried.  

[EM_Vandaveer 2,364]

17 minutes ago, aliceresidentevil said:

Let me rephrase it. My lawyer applied i-485 for me on 2016 and then i-751 in the following year. He said because I was married to a USC over 4 years and I had my first CR card so that I could apply i-751 way before the 2-year expiry date. He included a cover letter explaining why we are applying way earlier than it should. 

Now I'm worried.  

Yeah, sounds like that first I-751 was improperly filed. The only way those can be filed prior to the 90-day window immediately preceding the 2-year GC's expiration date is if one's divorce is final & one's filing a divorce waiver which obviously doesn't apply to your situation.

[Villanelle 4,121]

Let me start by saying immigration matters are very complex. You have to keep in mind that often there is more then one path to the same outcome. So attnys might take different paths- neither is right or wrong because you end at the same place. One can be more costly or time consuming - but they are both valid paths to the end. 

 

Heres my opinion on whats happened and where you stand now:

The MOST important thing is to know exactly how you entered. If you are paroled into the US you have not been admitted. Your status is kind of like standing in the doorway to the US waiting for a decision. If you were admitted in as an LPR but sent to court then you werent paroled in. So if you dont know exactly how you were let in (or somehow used the wrong terms with the lawyer OR also how there was no court stuff found when the attny looked ) then it could explain why certain paths were taken to cover all bases.

 

Anyway, it seems according to USCIS they believe you are still an LPR and accepted your 2nd late 751 filing and n400 filings. (as an LPR the 485 is trash and not needed nor can be used for anything). So you now have to wait for both USCIS to adjudicate your 2nd 751 and for the court to 'release' you from its clutches. Im not an attny and am certainly not an expert on court proceedings- so I think you should ask the attny which needs to be first- the court or the 751 approval. Or if they even depend on each other or are 2 separate matters.

 

I know for people placed in removal because the 751 was denied they have to see the judge AND get another 751 approved by USCIS because Judges cant adjudicate the 751. But Im not sure how CBP involvement will impact your situation unless you can say what reason it was CBP sent you to court. 

[Taito 0]

When did u received your hearing appointment? What’s the process? Thanks

[dwheels76 5,458]

15 hours ago, aliceresidentevil said:

Let me rephrase it. My lawyer applied i-485 for me on 2016 and then i-751 in the following year. He said because I was married to a USC over 4 years and I had my first CR card so that I could apply i-751 way before the 2-year expiry date. He included a cover letter explaining why we are applying way earlier than it should. 

Now I'm worried.  

Sweet Lord your lawyer has no business in immigration work. Filing for adjustment of status when you have a green card. OMG WOW that is some bad work there. 

 

Hope you get it all sorted out. What a mess.

[aliceresidentevil 0]

On 1/17/2019 at 5:15 PM, EM_Vandaveer said:

Yeah, sounds like that first I-751 was improperly filed. The only way those can be filed prior to the 90-day window immediately preceding the 2-year GC's expiration date is if one's divorce is final & one's filing a divorce waiver which obviously doesn't apply to your situation.

so I talked to my lawyer. He explained because I married him for 3 years when I tried to re-apply the green card, so I can skip the conditional green card phase and apply for i-751 (he did apply for i-485 with a cover letter first, but somehow they treated the case as i-751). Does it make sense to you? 

Thanks!

10 hours ago, dwheels76 said:

Sweet Lord your lawyer has no business in immigration work. Filing for adjustment of status when you have a green card. OMG WOW that is some bad work there. 

 

Hope you get it all sorted out. What a mess.

My lawyer explained because I married him for 3 years when I tried to re-apply the green card, so I can skip the conditional green card phase and apply for i-751 (he did apply for i-485 with a cover letter first, but somehow they treated the case as i-751). Do it make sense to you?  

Thanks!

[aliceresidentevil 0]

On 1/17/2019 at 5:56 PM, Damara said:

Let me start by saying immigration matters are very complex. You have to keep in mind that often there is more then one path to the same outcome. So attnys might take different paths- neither is right or wrong because you end at the same place. One can be more costly or time consuming - but they are both valid paths to the end. 

 

Heres my opinion on whats happened and where you stand now:

The MOST important thing is to know exactly how you entered. If you are paroled into the US you have not been admitted. Your status is kind of like standing in the doorway to the US waiting for a decision. If you were admitted in as an LPR but sent to court then you werent paroled in. So if you dont know exactly how you were let in (or somehow used the wrong terms with the lawyer OR also how there was no court stuff found when the attny looked ) then it could explain why certain paths were taken to cover all bases.

 

Anyway, it seems according to USCIS they believe you are still an LPR and accepted your 2nd late 751 filing and n400 filings. (as an LPR the 485 is trash and not needed nor can be used for anything). So you now have to wait for both USCIS to adjudicate your 2nd 751 and for the court to 'release' you from its clutches. Im not an attny and am certainly not an expert on court proceedings- so I think you should ask the attny which needs to be first- the court or the 751 approval. Or if they even depend on each other or are 2 separate matters.

 

I know for people placed in removal because the 751 was denied they have to see the judge AND get another 751 approved by USCIS because Judges cant adjudicate the 751. But Im not sure how CBP involvement will impact your situation unless you can say what reason it was CBP sent you to court. 

When I was paroled in,  Homeland Security considered me as 1) on the form they issued. 

1)You are an arriving alien; 2) You are an alien present in the US who has not been admitted or paroled; 3) You have been admitted to the US, but are removable for the reasons stated below. 

On the same form, it acknowledged that I arrived at LAX, and applied for admission as a returning LPR. 

Were  I paroled in or not in this case? 

For the second time green card applying, my lawyer explained because I married him for 3 years when I tried to re-apply the green card, so I can skip the conditional green card phase and apply for i-751 (he did apply for i-485 with a cover letter first, but somehow they treated the case as i-751). Does it make sense to you?  

Thank you!

 

[Villanelle 4,121]

7 hours ago, aliceresidentevil said:

When I was paroled in,  Homeland Security considered me as 1) on the form they issued. 

1)You are an arriving alien; 2) You are an alien present in the US who has not been admitted or paroled; 3) You have been admitted to the US, but are removable for the reasons stated below. 

On the same form, it acknowledged that I arrived at LAX, and applied for admission as a returning LPR. 

Were  I paroled in or not in this case? 

For the second time green card applying, my lawyer explained because I married him for 3 years when I tried to re-apply the green card, so I can skip the conditional green card phase and apply for i-751 (he did apply for i-485 with a cover letter first, but somehow they treated the case as i-751). Does it make sense to you?  

Thank you!

 

Can you post a picture of the form they gave you with personal information blacked out? 

 

Also where do you stand with the court? Have you called the 800 number? Any info or letters from Court yet?

 

But let's start with your last sentence. Where did you find this attny and what does he say are his specialties? 

 

Because NO, if someone is married over 2 yrs when the GC is issued they automatically get a10 yr card. They never file 751. Period. So if they said you need a 751+485 they don't know what they are doing...

 

Once some one becomes an 2yr LPR they can lose it several ways, the ones related to you are:

1. Abandoned formally or just by actions

2. Failing to file or not getting approved ROC 751

 

I used a very simple phrase of 'someone losing status'. It's a pretty complicated process. The most important thing to remember is that only a judge can revoke your status. So if you formally abandon your status (filled out form and turned in at CBP or embassy) it will eventually get formally closed status through the court system. For some one who abandons informally - like staying overseas for long periods of time- and then want to come back they often have to go to court to prove it wasn't abandoned. 

 

For the 751 form, it's a special form. If you do not file it USCIS takes the position that you are voluntarily giving up your status. You did file but it ended being closed for abandonment for not responding to the RFE. 

Immigration moves sloooow. Courts are already so backlogged that offices don't quickly send out NTAs. Once an NTA is issued you have to go to court and complete the court process. 

When someone doesn't respond to an RFE for 751 and is denied technically the office should issue you a NTA. You  also submit a new 751 the office has to adjuicate. It is possible to get the 2nd filing done before a NTA is issued totally avoiding court. 

Keep an eye out for NTA for your first failed 751, you may get one you may not.

 

Were you given an actual NTA by CBP? Or deffered inspection with CBP? I'd really like to see the papers if possible.

 

As I said before once you have a status it can only be taken by a judge. IF some how it goes bad and you lose your lpr status you would need to file the 485 (probably with the court) and NO you don't need to send 751 with the 485 if you have been married over 2 years. 

 

It seems USCIS accepted your 2nd 751 filing (even though you sent it for something else) because technically you are still an Lpr that needs to file it. The receipt of the second filing is your work and travel authorization, but I wouldn't travel again unless it's an emergency since you are in the court system by CBP. 

 

Hope this makes sense. I'm trying not to flood information unnecessarily. There are still some unknown variables and I'm hoping seeing the form/papers you have will help.