Please help - i751 is denied and i got screwed by lawyers and USCIS

[ColoradoGirl1985 1]

Hi my name is nina, i'm writing here to get some help in my story. i'm facing difficulty. please take time to read my story and tell me what i should do next. i talk to lawyers and they say different things im lost.

 

I am separated from my husband of 7 years and our divorce is pending in Colorado. i went to n400 and i751 joint interview alone because my husband was abroad (i know it was wrong to go alone) 3 months ago(january 2020) and officer scheduled second interview for my husband to come. during first interview they told me to come to second interview and i said ok. my husband moved out in april 2020 while we were waiting for interview and i agreed to divorce. we filed divorce. my divorce is taking too long. my husband wants to help and go to second interview with me, no problems. my lawyer said n400 can't be approved because we are divorcing but i want to remove conditions on my green card so i can continue work here as a nurse at my hospital. our marriage is full of proof and real. 

 

today i received a letter that says my n400 is denied and they terminated my conditional residency because I DIDN'T ATTEND SECOND INTERVIEW WHICH I NEVER GOT LETTER. i never received second interview letter in mail. my attorney never got it either. I called immigration every week to check while waiting for second interview date and they never said interview was scheduled. I even called them again after seeing denial letter they still don't see any second interview on the phone. online status tool doesn't show any update for i751 or n400. all the sudden just denial letter after first interview. i even visited their office to check on second interview and they said it is still processing. 

 

immigration even says my divorce is final according to them which is wrong! i didn't even have final hearing. i don't understand who told them divorce is final when we didn't even have our hearing date.

 

denial letter's title is for n400 application but it also says my residency is terminated because they think divorce is final and i didn't attend second interview. i don't know what to do. i don't want to respond to n400 because i know that i can't do it because i'm separated but i want to move forward with my permanent green card. i emailed my lawyer but he is not returning. i don't know what to do. i don't have money to hire lawyers.

 

what should i do to get my permanent residency? do i have any chance? 

can immigration correct their mistakes or is it over for me?

am i illegal now because letter says my residency is terminated?

i am a nurse and will immigration let hospital know about this? if this happens, what should i do to work legally here?

 

any help or suggestion is appreciated thank you

[Liam2021 561]

I see USCIS do nothing wrong since you submit I-751 jointly but on the process for divorce.  In addition, since the process of divorce is on going, you no longer qualify under 3 year rules. You have submit a second I-751 with divorce waiver ASAP.

[ColoradoGirl1985 1]

thank you for answer. uscis says my divorce is final which is wrong. and they say they scheduled second interview but we never saw update online or in mail. 

i know i don't qualify for 3 years for n400 but i want to get my permanent green card because my marriage is real and even my husband wants to go to interview.

 

can you please help me understand my questions? thank you again for help

[Liam2021 561]

3 minutes ago, ColoradoGirl1985 said:

thank you for answer. uscis says my divorce is final which is wrong. and they say they scheduled second interview but we never saw update online or in mail. 

i know i don't qualify for 3 years for n400 but i want to get my permanent green card because my marriage is real and even my husband wants to go to interview.

 

can you please help me understand my questions? thank you again for help

Technically, the divorce is on the process and it will be soon final, so I-751 with divorce waiver( pending) is a proper way. Also, look like you make a mistake when you should withdraw your N400 at the first interview since you no longer qualify for it, then asked for I-751 switch to divorce waiver at that time, but it too late now. Right now, you must submit another I-751 with divorce waiver( pending) ASAP.

[millefleur 5,039]

**Moved from ROC General discussion to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[NikLR 13,220]

1 hour ago, H&T said:

Technically, the divorce is on the process and it will be soon final, so I-751 with divorce waiver( pending) is a proper way. Also, look like you make a mistake when you should withdraw your N400 at the first interview since you no longer qualify for it, then asked for I-751 switch to divorce waiver at that time, but it too late now. Right now, you must submit another I-751 with divorce waiver( pending) ASAP.

No the OP didnt need to pull the n-400 at the 1st interview, she was still married and living in marital union. 3 months later she should have pulled it. 

OP you really need to contact the USCIS about this.  Your n-400 was denied but your I-751 sounds like it still active? You should also convert to a divorce waiver.  I would be calling Monday and everyday. 

[Liam2021 561]

Also, you need to contact USCIS to see if your I-751 still pending and asked them to switch it to divorce waiver since the denied letter is for N400, not I-751. Contact USCIS on Monday to find out the status of your I-751, then submit the second I-751 if needed.

[ColoradoGirl1985 1]

thank you for answers. my divorce is not final yet, can i still submit a new i751? 

[geowrian 22,336]

1 hour ago, ColoradoGirl1985 said:

what should i do to get my permanent residency? do i have any chance? 

If the I-751 is denied, you should refile. ASAP.

 

1 hour ago, ColoradoGirl1985 said:

can immigration correct their mistakes or is it over for me?

If the I-751 is still alive, you need to switch it to a divorce waiver. They should send an RFE at some point (pre or post second interview) for the final divorce decree.

If it was denied due to failure to appear to a second interview, you can attempt to contact them to reopen it, or file an appeal. Although honestly, refiling is usually better IMO...showing that you did not get something is difficult.

 

1 hour ago, ColoradoGirl1985 said:

am i illegal now because letter says my residency is terminated?

From a technical standpoint, both yes and no. According to USCIS, your LPR status is terminated. At the same time, you are entitled to evidence of LPR status and otherwise are effectively the same as any other LPR until an immigration judge makes a final ruling to revoke status.

Short version: You're fine, you just need to appeal or refile ASAP to avoid going to court. Even that's not the end of the line, but it's best to avoid that by filing sooner rather than later.

 

1 hour ago, ColoradoGirl1985 said:

i am a nurse and will immigration let hospital know about this? if this happens, what should i do to work legally here?

No, and your work authorization is still fine anyway.

 

25 minutes ago, NikLR said:

sounds like it still active?

I'm not sure either...this line makes me think the I-751 was denied as well: "and they terminated my conditional residency"

A denied N-400 doesn't do that.

[NikLR 13,220]

23 minutes ago, ColoradoGirl1985 said:

thank you for answers. my divorce is not final yet, can i still submit a new i751? 

You can submit one even if a divorce is pending. They will rfe for the divorce decree. 

 

I think I defer to geowrian for the rest. You definitely need to get in touch with the USCIS. 

[ColoradoGirl1985 1]

thanks geowrian so much. can you please explain these?

  

10 hours ago, geowrian said:

If the I-751 is denied, you should refile. ASAP.

I don't know if i751 is officaly denied. denial letter i recieved is titled for n400 but there is a decision section on it and in there it says my residency is terminated. i don't know if i751 is officially denied but how could it not be if my residency is denied. what should i do? i didn't even receive any mail yet. i just got pdf letter on website which my husband used to apply for citizenship. 

 

10 hours ago, geowrian said:

If the I-751 is still alive, you need to switch it to a divorce waiver. They should send an RFE at some point (pre or post second interview) for the final divorce decree.

If it was denied due to failure to appear to a second interview, you can attempt to contact them to reopen it, or file an appeal. Although honestly, refiling is usually better IMO...showing that you did not get something is difficult.

can i get them reopen? can i call or email or mail something?

 

and i751 is waiver is just same old i751 but vaiwer option is chedked? it is not a new or different form correct?

 

thank you again

[geowrian 22,336]

1 hour ago, ColoradoGirl1985 said:

I don't know if i751 is officaly denied. denial letter i recieved is titled for n400 but there is a decision section on it and in there it says my residency is terminated. i don't know if i751 is officially denied but how could it not be if my residency is denied. what should i do? i didn't even receive any mail yet. i just got pdf letter on website which my husband used to apply for citizenship. 

I would check the I-751 case status online (both websites):

https://egov.uscis.gov/casestatus/landing.do (No login required)

https://myaccount.uscis.gov/ (Login required, then add your case by receipt number)

 

Also, you can call USCIS to ask about the I-751.

A notice should be mailed if it was denied, but this can take a week or 2 for delivery.

 

1 hour ago, ColoradoGirl1985 said:

can i get them reopen? can i call or email or mail something?

A Motion to Reopen or Motion to Reconsider (MTR) via an I-290B is possible, generally with showing that USCIS made a material error. I'd first pursue calling them and trying to get a Tier 2 officer on the line. Refiling is usually a better option than appealing IMHO.

 

1 hour ago, ColoradoGirl1985 said:

and i751 is waiver is just same old i751 but vaiwer option is chedked? it is not a new or different form correct?

Right, same I-751 form but with the box checked for being divorced (even if not final yet...the final decree can be provided later).

 

Tagging @mindthegap as the de-facto guru on denied I-751s.

[Franciscoruizt 14]

13 hours ago, H&T said:

I see USCIS do nothing wrong since you submit I-751 jointly but on the process for divorce.  In addition, since the process of divorce is on going, you no longer qualify under 3 year rules. You have submit a second I-751 with divorce waiver ASAP.

 

13 hours ago, ColoradoGirl1985 said:

Hi my name is nina, i'm writing here to get some help in my story. i'm facing difficulty. please take time to read my story and tell me what i should do next. i talk to lawyers and they say different things im lost.

 

I am separated from my husband of 7 years and our divorce is pending in Colorado. i went to n400 and i751 joint interview alone because my husband was abroad (i know it was wrong to go alone) 3 months ago(january 2020) and officer scheduled second interview for my husband to come. during first interview they told me to come to second interview and i said ok. my husband moved out in april 2020 while we were waiting for interview and i agreed to divorce. we filed divorce. my divorce is taking too long. my husband wants to help and go to second interview with me, no problems. my lawyer said n400 can't be approved because we are divorcing but i want to remove conditions on my green card so i can continue work here as a nurse at my hospital. our marriage is full of proof and real. 

 

today i received a letter that says my n400 is denied and they terminated my conditional residency because I DIDN'T ATTEND SECOND INTERVIEW WHICH I NEVER GOT LETTER. i never received second interview letter in mail. my attorney never got it either. I called immigration every week to check while waiting for second interview date and they never said interview was scheduled. I even called them again after seeing denial letter they still don't see any second interview on the phone. online status tool doesn't show any update for i751 or n400. all the sudden just denial letter after first interview. i even visited their office to check on second interview and they said it is still processing. 

 

immigration even says my divorce is final according to them which is wrong! i didn't even have final hearing. i don't understand who told them divorce is final when we didn't even have our hearing date.

 

denial letter's title is for n400 application but it also says my residency is terminated because they think divorce is final and i didn't attend second interview. i don't know what to do. i don't want to respond to n400 because i know that i can't do it because i'm separated but i want to move forward with my permanent green card. i emailed my lawyer but he is not returning. i don't know what to do. i don't have money to hire lawyers.

 

what should i do to get my permanent residency? do i have any chance? 

can immigration correct their mistakes or is it over for me?

am i illegal now because letter says my residency is terminated?

i am a nurse and will immigration let hospital know about this? if this happens, what should i do to work legally here?

 

any help or suggestion is appreciated thank you

We filled to remove the conditions for my wife and up to recently they have been doing this!! Scheduling interviews and never sending the notices..our status changed from fingerprints taken to interview cancelled and we were like cancelled?? How could it be if we never received a letter so we called and all the lady said was to wait because the office must of forgot to print the appoinment letter..how can you forget to do your job?

[ColoradoGirl1985 1]

@geowrian 

 

i think you are correct in many things.. i called uscis and talked to tier 2 officer. he said that my i751 is denied but i didn't get notice yet. online tool is still saying fingerprints were taken.

he said uscis unlikely open the case again and my only options are either refile i751 or go to immigration court. he didn't say which is better.

 

officer said until i show up at court, i am legal and i can get a stamp on my passport. 

i am just worried i will miss more mails(i have no problem with post office but scared of uscis making same mistake again)

 

how can i make sure i dont miss mail from immigration court?

 

lawyer is asking for $3000 for refiling i751. i can't afford it. i don't want to make mistake but i don't know if i can do this on my own. i have no problem with proving my marriage with my husband. i just want to know what is the best process.

 

 

[ColoradoGirl1985 1]

3 hours ago, Franciscoruizt said:

We filled to remove the conditions for my wife and up to recently they have been doing this!! Scheduling interviews and never sending the notices..our status changed from fingerprints taken to interview cancelled and we were like cancelled?? How could it be if we never received a letter so we called and all the lady said was to wait because the office must of forgot to print the appoinment letter..how can you forget to do your job?

i swear same thing happened to us. its their fault but they don't fix it. now i have to figure out how to fix it myself. my status is still saying fingerprints taken