Jump to content
wfarrellgreen

I-751 Denied Due to Missed Biometric Screening

By wfarrellgreen in Removing Conditions on Residency General Discussion

 Share

7 posts in this topic

Recommended Posts

wfarrellgreen Newbie

wfarrellgreen   0

Posted
Filed: IR-1/CR-1 Visa Country: New Zealand
 Timeline
Posted

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.

Link to comment
Share on other sites
Cyberfx1024 Grand Master

Cyberfx1024   7,978

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
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
Link to comment
Share on other sites
TheKingmaker Enthusiast

TheKingmaker   153

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

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.

Link to comment
Share on other sites
Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites
mindthegap Experienced

mindthegap   2,521

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
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 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

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

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Link to comment
Share on other sites
xillini Enthusiast

xillini   71

Posted
Filed: F-1 Visa Timeline
Posted

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

 

Link to comment
Share on other sites
MohU3 Explorer

MohU3   57

Posted
Filed: Citizen (pnd) Country: Egypt
 Timeline
Posted

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

01I-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

03/15/2019: Had to file I90 since no card was sent

01/28/2020: Card is being produced (I751)

02/03/2020: Card in hand (I751)

 

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

01/22/2020: Case changed to Interview was scheduled for 03/06/2020

03/16/2020: Denied for a dismissed criminal case 3 years ago

04/22/2020: Filled N336 to appeal the decision

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...