I-751 processing and urgent travel outside US

[Alexmat1 9]

Hello,

I came into US through a marriage, got divorced before the 2 year anniversary. I applied to remove conditions in 2015. My divorce took a long time in court, so I couldnt submit that divorce decree in time which is required as part of I-751. My conditional green card expired in 2015. My I-751 was denied (because I didnt have the divorce decree in time which was required) in 2016. The letter said my conditional green card is terminated and to expect a NTA before a judge. 

After couple of years, I reapplied I-751 again (after waiting for NTA for those years which never came) in 2020. Its still in process. I have also applied for N-400  (Citizenship) as I completed 5 plus years of being in US as a LPR. I was told N-400 can speed up my I-751 application.

I have got I-797 (Receipt notice from I-751 application). Also receipt notice for my N-400.

I have an urgent need to travel to my home country and be there for about a month to 2 months. My queries are as below:

 

1) The I-797 extension letter is useless in my case as my conditional green card was expired from 2016, so there was nothing to extend. In this case what document proves my valid LPR status when I re enter ? 

 

2) I was advised to get a I-551 stamp on my passport before travelling out. Is this good enough to re enter US or would CBP (Border Patrol) still deny me entry

 

3) Any other safe options to travel and re enter safely - like applying for advanced parole (not sure if this applies for  I-751).

 

4) Is there a chance that while I am out of the country for 2 months, they take a decision on my case (worst case deny my I-751 application) in which case if I travel back, would I be send back or allowed to enter and produced before a judge ? Given due process ? 

 

5) In relation to  (4) above, would and is USCIS required to inform me of their tentative decision and give me chance to produce additional evidence/documents before they actually deny my case ? I read that there is a recent rule from last year or so where USCIS doesnt have to do that and can terminate/deny I-751 without RFE (Request for Evidence).

 

Thanks for your time.

 

 

[mindthegap 2,590]

6 hours ago, Alexmat1 said:

 

 

1) The I-797 extension letter is useless in my case as my conditional green card was expired from 2016, so there was nothing to extend. In this case what document proves my valid LPR status when I re enter ? 

Yeah it is useless, so you need an I-551 stamp. Make an infopass for this.

It will be annotated ‘TC-1’ showing any CBP/USCIS official that you are a spouse with a denied/re-opened case. 

 

6 hours ago, Alexmat1 said:

 

2) I was advised to get a I-551 stamp on my passport before travelling out. Is this good enough to re enter US or would CBP (Border Patrol) still deny me entry

 

This is the correct thing to do. 
Despite what the denial letter says, you remain a LPR until an immigration judge says otherwise with a final order of removal.
So yes the stamp is sufficient. However, you will have to have a visit to secondary, while they verify your status - this will take a few minutes. You will be stamped in as a LPR/ARC as normal, not paroled in.

 

6 hours ago, Alexmat1 said:

 

3) Any other safe options to travel and re enter safely - like applying for advanced parole (not sure if this applies for  I-751).

 

 

Nope.

I would also recommend periodically checking the automated line to see if any court proceedings have been scheduled or completed in abstentia (mail went missing for example).

You can do that here:

https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

 

and here :

1-800-898-7180

 

 

6 hours ago, Alexmat1 said:

 

4) Is there a chance that while I am out of the country for 2 months, they take a decision on my case (worst case deny my I-751 application) in which case if I travel back, would I be send back or allowed to enter and produced before a judge ? Given due process ? 

Possible. However, as above you remain a LPR until an immigration judge says so and a LPR - even one with a denial notice - is entitled to a hearing with an immigration judge. Period. 

If you revived a NOID (notice of intention to deny) this sets out the reasons they are thinking of denying you and gives you an opportunity to respond in a set time.

If you get no NOID, but a straight denial, it gets a 45 day ‘hold’ before being sent on to the NRC or NTA (which may not happen for years, as you have noticed) so nothing would happen in that time. 
It is also held for 33 days for you to file an I-290B motion to re-open/ motion to reconsider, so nothing would happen within that time. 
Again, despite the denial letter saying so, you have the right as a LPR to a hearing with an immigration judge and remain a LPR until such time, so you would be admitted. 
 

6 hours ago, Alexmat1 said:

 

5) In relation to  (4) above, would and is USCIS required to inform me of their tentative decision and give me chance to produce additional evidence/documents before they actually deny my case ? I read that there is a recent rule from last year or so where USCIS doesnt have to do that and can terminate/deny I-751 without RFE (Request for Evidence).

 

I just experienced this very thing myself with my second I-751. Multiple breaches of policy, and denied without RFE, NOID, or interview, amongst other f*** ups. 
But, the Trump thing (Search for PM-602-0163 if you want to read it) was only supposed to apply to filings after sept 11 2018, which according to your dates, yours wasn’t (and neither was mine).

I cited this very thing (amongst others) on my complaint & service motion request about my denial, as mine was filed well before this date  - a perfect example of someone not doing their damn job at USCIS again. 
Eithet way, you have legal options should it happen to you again so don’t stress about until it happens.
 

 

You seem to have done your homework, which is a good thing, and you are partially in a similar position to me, so please keep us updated. I’ve got loads of this stuff on this subject given the hell I’m going through with this so happy to help.