Help desperately needed

[JNSD 1]

Hi everyone. The why doesn't really matter now, but I was never able to apply to remove my conditions on my 2 year greencard. Today in the mail I recieved a "termination of conditional residence status" informing me that as of 05/08/2018 all rights and privledges to reside and work in the US have been revoked. I'll attach the letter.

 

I now need to know....what the do I do now?! I was actually just getting my package together over the next week. The letter doesn't say what to do.

 

Thanks all

[Cyberfx1024 7,978]

33 minutes ago, Helpneeded2019 said:

Hi everyone. The why doesn't really matter now, but I was never able to apply to remove my conditions on my 2 year greencard. Today in the mail I recieved a "termination of conditional residence status" informing me that as of 05/08/2018 all rights and privledges to reside and work in the US have been revoked. I'll attach the letter.

 

I now need to know....what the do I do now?! I was actually just getting my package together over the next week. The letter doesn't say what to do.

 

Thanks all

I would look to file that package ASAP because you are out of status and thus deportable. Why did you you not file for ROC?

[Imani 105]

31 minutes ago, Helpneeded2019 said:

Hi everyone. The why doesn't really matter now, but I was never able to apply to remove my conditions on my 2 year greencard. Today in the mail I recieved a "termination of conditional residence status" informing me that as of 05/08/2018 all rights and privledges to reside and work in the US have been revoked. I'll attach the letter.

 

I now need to know....what the do I do now?! I was actually just getting my package together over the next week. The letter doesn't say what to do.

 

Thanks all

The only thing to do is to get a lawyer at this point and take accountability for not doing what you needed to get done. Pray you get a good lawyer who isnt just going to take your money but be honest with you and deliver.  The letter is pretty straight forward.  By the time you had your conditional greencard in hand you were aware that you had to file to have those conditions lifted as early as 90 days prior to expiration and your card expired last year.  Thats very irresponsible of you.  Good Luck and let this be a real learning experience for you.

[Just Paul 4,591]

1) you will need to provide a written explanation as to why you did not file on time and ask them to accept the late filing.

or

2) you leave the country as you have no legal status to live or work here.

[Cryssiekins 976]

36 minutes ago, Helpneeded2019 said:

Hi everyone. The why doesn't really matter now........

 

Actually, the “why” is incredibly relevant now.  I respect if you don’t want to disclose on VisaJourney, but you’ll definitely need to provide the reason to your attorney (please don’t attempt this on your own).

 

I’m not sure what other advice anyone can give you here, with the limited info you did provide, aside from to seek legal counsel immediately.

[Pinkrlion 2,607]

Your GC has been revoked and you no longer have a legal status and are now in deportation proceedings. You need a lawyer. This only happens after more than a year of not removing conditions.   Filing your ROC is a waste of time and money. It will be denied. 

[JNSD 1]

19 minutes ago, Cyberfx1024 said:

I would look to file that package ASAP because you are out of status and thus deportable. Why did you you not file for ROC?

My Mother died when I was 9 months pregnant right before I fell out of status. We then moved 5 times due to my husbands work and also had another baby. It's tragic but it got missed and that's where I am at now.

16 minutes ago, Paul & Mary said:

1) you will need to provide a written explanation as to why you did not file on time and ask them to accept the late filing.

or

2) you leave the country as you have no legal status to live or work here.

OK thank you. 

14 minutes ago, Cryssiekins said:

Actually, the “why” is incredibly relevant now.  I respect if you don’t want to disclose on VisaJourney, but you’ll definitely need to provide the reason to your attorney (please don’t attempt this on your own).

 

I’m not sure what other advice anyone can give you here, with the limited info you did provide, aside from to seek legal counsel immediately.

Thanks. I didn't think the why would matter here on VJ. I responded above to someone.

[Going through 5,668]

What happens next is (normally) a NTA will be mailed for you to appear in immigration court to plead your case about why you should not be removed from the country.  The "why" will likely be very relevant to the judge, so best be prepared to answer that.

 

I'm not entirely certain if a filed i-751 two weeks from now will automatically overturn/halt any current proceedings USCIS may wish to take against you.  

@geowrian can probably comment better on that than I can.

 

Absolutely consult a lawyer when in any type of removal proceedings.

 

 

[mindthegap 2,521]

Oh goody...my area of expertise. Having been (and somewhat still being) in the same situation, I will type a lengthy reply with some facts. Not alternative facts as one poster felt the need to type in response.

 

BRB

 

 

 

Edited May 28, 2019 by mindthegap

[Going through 5,668]

1 minute ago, mindthegap said:

Oh goody...my area of expertise. Having been (and somewhat still being) in the same situation, I will type a lengthy reply with some facts. Not alternative facts as one poster felt the need to type in response.

 

BRB

 

 

 

I was thinking about you, too, when I started reading this thread----OP, listen to however mindthegap will guide you, he's become somewhat of an unfortunate expert in this.

[belinda63 2,981]

He may be able to give you advice but the long and short of it is you are now in removal proceedings. Follow whatever you are told to do, appear in court as ordered, and hopefully you can convince the judge to allow you to apply late. If you fail to show up for court they will find you and detain you. 

Hire an attorney who has experience in this as the journey will not be a fun one.

[mindthegap 2,521]

Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 

I suggest you also get a cup of tea, as this is a long one......

 

 

As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.

 

 

 

 

Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.

 

All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.

You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.

 

 

The general standard process of denial, and process for revocation of status and an order of removal is:

Denial letter (or notice of intent to deny) --> NTA (notice to appear in court)  ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.

 

Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.

 

 

So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.

The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish  - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice. 

As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case. 

I would say the death of a parent while pregnant is a pretty real and valid reason IMHO. 

 

 

As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS  https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf

"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."

 

And Genco Opinon 96-12 itself:

""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996 
 
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR

Office of the
General Counsel

I. QUESTIONS

The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?

2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION

The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.

Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.

III. ANALYSIS

Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1

The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.

The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.

Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.

However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."

 

 

 

 

 

Still with me? Good. Get yourself another cup of tea.

 

Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this. 

 

To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.

My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you. 

 

Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.

 

 

But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.

 

 

[SalishSea 16,770]

3 hours ago, belinda63 said:

He may be able to give you advice but the long and short of it is you are now in removal proceedings. Follow whatever you are told to do, appear in court as ordered, and hopefully you can convince the judge to allow you to apply late. If you fail to show up for court they will find you and detain you. 

Hire an attorney who has experience in this as the journey will not be a fun one.

In removal proceedings even without an NTA?

[afrocraft 313]

5 hours ago, mindthegap said:

Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you. 

When VJ truly shines... Thanks for taking the time to write this.

[TheKingmaker 153]

I need to have a cup of tea and a dairy milk bar today.