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wfarrellgreen

I-751 Denied Due to Missed Biometric Screening

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Hi there, 

 

Interested in folks thoughts here. 

 

After settling and living in the US since 2015, I applied for my I-751 (application to remove conditional status) in 2017 right before my 2 year green card anniversary. This was a lengthy process and I received several extensions before finally getting a biometric screening appointment in March. The problem here was I had subsequently moved house during the wait and the appointment notice was sent to my old address.

 

Thankfully our mail has been redirected but I received the notice late and appeared at the appointment 1.5 weeks after my original appointment. They still accepted me at the USCIS and did the screening however, I have since had my I-751 denied and my green card temporarily revoked. This seems extremely aggressive as I've heard in the past they will send you a request for another appointment or at least a notice of intention to cancel your visa.  My lawyer has since filed a motion to reopen the case and I'm hoping for the best with that or else we will need to reapply all over again.  

 

Does anyone else have any experiences like this? Feels like these processes are getting tougher with a lot less room for error.

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Posted (edited)
37 minutes ago, wfarrellgreen said:

Hi there, 

 

Interested in folks thoughts here. 

 

After settling and living in the US since 2015, I applied for my I-751 (application to remove conditional status) in 2017 right before my 2 year green card anniversary. This was a lengthy process and I received several extensions before finally getting a biometric screening appointment in March. The problem here was I had subsequently moved house during the wait and the appointment notice was sent to my old address.

 

Thankfully our mail has been redirected but I received the notice late and appeared at the appointment 1.5 weeks after my original appointment. They still accepted me at the USCIS and did the screening however, I have since had my I-751 denied and my green card temporarily revoked. This seems extremely aggressive as I've heard in the past they will send you a request for another appointment or at least a notice of intention to cancel your visa.  My lawyer has since filed a motion to reopen the case and I'm hoping for the best with that or else we will need to reapply all over again.  

 

Does anyone else have any experiences like this? Feels like these processes are getting tougher with a lot less room for error.

This is pretty commonly done actually when you have missed the biometrics appt and having to reschedule it. So do try to reopen it and you should be able to. 

Edited by Cyberfx1024

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This does not sound right since you actually did DO the fingerprints. I don't have anything to offer but good wishes. You'll face a tough battle, but there has to be a way out of this.


1. Spouse 1 went through Diversity Lottery Green Card and Citizenship application processes 

 

2. Spouse 2 went through K1 (I-129F) and AOS (I-485) processes

 

3. Spouse 2 ROC (I-751) application:

 

  • Mail delivered Feb 20, NOA1 dated Feb 22, Check Cashed Feb 25, NOA1 from VSC (18 month extension) received Feb 28
  • Biometrics Letter Dated 3/08; Biometrics Completed 3/26

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Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Posted (edited)

Just file a brand new I-751.

This immediately removes you from the semi-limbo of 'denial letter received but still legally a lpr until a judge says otherwise' status and a possible NTA winging its way to you at some point, and having to deal with that also.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

N-400 Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

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So I'm not sure if i get it correctly but lemme understand.

If you hire lawyer before i 751 a copy of biometric letter goes to your lawyer office

Or else if you hire lawyer after the denial it would make sense that during the move it could have slipped out of your sight. 

 

When did you hire the lawyer?

 

If the lawyer is hired before i 751 filing it would be very weird to me that a copy of biometric never goes to the lawyer unless the lawyer never notified you

 

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If you're not able to re-open the case. Just file a new 751 with the new address ASAP before they issue NTA against you. That's what I would do


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

 

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