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Eric The Wait

How to Establish Case Not Abandoned

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Removal of Conditions I-751 Packet sent in Jan. 11, 2019.

Didn't receive e-mail acknowledgment of packet desipte filling out the form.

Did change of address form years ago. Totally ignored.

Didn't receive NOA Extension letter.

Called USCIS and informed them Extension Letter not received. 

They sent Extension Letter after I bitched about not receiving it.

At same time received Biomechanics Appointment letter, with just a few days notice to show up for that on Feb 22, 2019.

We showed up for Biomechanics appointment. I requested they stamp and sign the original letter so I could prove my wife was there.  

I signed up for MyUSCIS which just says case received. No acknowledgement on there that Biomechanics is already done.

RFE's are increasing, according to data I have reviewed. I have no faith that REF letters would be sent to us and I am concerned MyUSCIS website would ever indicate an RFE is sent.

RFE's have deadlines and my understanding is that the DOJ at highest level has stripped immigration judges from any discetion to avoid deportation for those who abdandon their case. Failure to respond to an RFE is deemed an abandonment...period, end of story, get on a plane out.... to the best of my understanding. 

So, if an RFE is sent to the wrong address, which I'll never know, we can't respond in time and that's automatic deportation because DOJ controls the Immigration Courts and has stripped the judges of any discretion in such matters. (Correct me if I am wrong.)

Two questions: How can we possibly confirm whether RFE has gone out? (I have no faith that they will communicate with us to our correct address.)

If anyone believes my understanding about automatic deportation for those who fail to respond to RFE on time is inaccurate, I would welcome substantive advice on that subject. A lot of people on here know more than me so I welcome being educated.

While I may sound paranoid, I think my wife getting deported because USCIS says we abandoned a case is reason for concern. I don't want to just sit back and have my family destroyed by an unforgiving process. Thank you for any suggestions.

 


i-751 Sent 1/7/19
i-751 Received 1/9/19
Check Cashed 1/14/19
(G-1145 Email Receipt of case #: Never Received)
1/15/19: Called USCIS and given EAC Case Number

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9 minutes ago, NikLR said:

Call the USCIS and confirm your address. 

Ahh, sometimes the obvious is most elusive.

Thanks so much for this comment!!!

I will do so on Monday. 


i-751 Sent 1/7/19
i-751 Received 1/9/19
Check Cashed 1/14/19
(G-1145 Email Receipt of case #: Never Received)
1/15/19: Called USCIS and given EAC Case Number

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41 minutes ago, Eric The Wait said:

Failure to respond to an RFE is deemed an abandonment...period, end of story, get on a plane out.... to the best of my understanding. 

Wrong.

 

41 minutes ago, Eric The Wait said:

So, if an RFE is sent to the wrong address, which I'll never know, we can't respond in time and that's automatic deportation because DOJ controls the Immigration Courts and has stripped the judges of any discretion in such matters. (Correct me if I am wrong.)

Also wrong

 

41 minutes ago, Eric The Wait said:

If anyone believes my understanding about automatic deportation for those who fail to respond to RFE on time is inaccurate, I would welcome substantive advice on that subject. 

You are correct that a case can be denied because of failure to respond to an RFE. However, if this is due to their error, or mail not received, this can be re-opened by USCIS. It happens more than you think, due to their flaky systems.

A denial in no way equals automatic deportation or loss of status. You are a LPR, and entitled to a hearing with an immigration judge, who is the only person who can terminate your LPR status, despite what you may read.

It goes; letter informing of denial citing the sections of INA relevant to your case  -> NTA (notice to appear) -> hearing ->  final order of removal.

At any time, including during or between any of those steps, you can file a new I-751, or multiple I-751s, which must be adjudicated by USCIS before any hearing can commence or continue.

 

 

 

 

You have the extension letter, you have done the biometrics, so at the moment your case is fine.

So, electronically file an I-90 for a change of address, THEN update the address within my USCIS,  and THEN call the mis-information line to confirm the change.

You should then receive confirmation via email and mail of this change (which is your proof should it be sent to an old address or something).

Then there is nothing you can do, but to wait for an RFE (if any ever appears), or an interview (if one ever gets scheduled), or approval.

 

If I had one piece of advice I have learnt during my continuing USCIS sponsored extended nightmare, it is not to stress over stuff you have no control over, and deal with it if and when it happens. Otherwise, it will drive you insane.  You can't control if USCIS will send an RFE. You can't control when they will send you an RFE. So don't stress over it. Make sure your details are up to date, and then just wait.

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.

Mid 2019: Filed request for Senator & Ombudsman assistance. Both unable to help. Treat.

 

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1 hour ago, mindthegap said:

If I had one piece of advice I have learnt during my continuing USCIS sponsored extended nightmare, it is not to stress over stuff you have no control over, and deal with it if and when it happens. Otherwise, it will drive you insane.  You can't control if USCIS will send an RFE. You can't control when they will send you an RFE. So don't stress over it. Make sure your details are up to date, and then just wait.

^^^this. :star:

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And make sure that you made a proper change of address with USPS.

 

https://www.uscis.gov/addresschange


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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