I-751 Denied. Can we apply for IR-1?

[goobies 79]

Hello everyone. 1st off, I'm very grateful for the support and sharing of knowledge in this community.

 

I won't get into details, but if you want them, you can look through my old posts.

 

My husband applied for AOS in 2019, and we took a trip back to his country to spend Xmass with his family. COVID broke out, blah blah blah, he ended up staying out for too long. We were going to apply for the DS117 visa, but before I got to it, I got an AOS Denial letter.

 

All that being said, can we apply for IR-1 Visa now? Are there any extra steps we need to take, like him turning in his expired GC? 

 

What do the chances of an approval for an IR1 after AOS denial look like?

 

Thanks in advance.

[Chancy 6,241]

6 minutes ago, goobies said:

I got an AOS Denial letter

 

[EDIT]  I just read your previous thread.  You mean your husband applied for ROC (not AOS) in 2019 and recently got the ROC denial letter, right?

 

Edited December 15, 2022 by Chancy

[goobies 79]

This is what I received:

"On December 15, 2022, we denied your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE."

[goobies 79]

Aren't they the same? Adjusting status to permanent resident from conditional, by way of removal of conditions?

[Chancy 6,241]

Just now, goobies said:

Aren't they the same? Adjusting status to permanent resident from conditional, by way of removal of conditions?

 

Adjusting status is for non-immigrant visa holders to get a green card.  2-year green card holders do not adjust status.

 

[OldUser 6,878]

Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied.

 

I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.

 

[beloved_dingo 1,979]

To clarify, are you both in the U.S. right now, or outside the U.S.?

[goobies 79]

He is in Uganda. I am in the US.

[goobies 79]

3 minutes ago, OldUser said:

Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied.

 

I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.

 

Do you mean even if his green card or status is revoked that we can not start the entire process again? From petition?

17 minutes ago, Chancy said:

 

Adjusting status is for non-immigrant visa holders to get a green card.  2-year green card holders do not adjust status.

 

Thank you for the clarification.

[OldUser 6,878]

1 minute ago, goobies said:

He is in Uganda. I am in the US.

How long have you been separated for? This may be a problem in itself, in addition to him being out of the US for so long.

[OldUser 6,878]

2 minutes ago, goobies said:

Do you mean even if his green card or status is revoked that we can not start the entire process again? From petition?

Thank you for the clarification.

Yes, you can start the process again. But right now it's not clear his status was revoked. Denial of I-751 does not terminate status as far as I know. It needs to be documented by I-407 or immigration court paperwork.

Edited December 15, 2022 by OldUser

[goobies 79]

1 minute ago, OldUser said:

How long have you been separated for? This may be a problem in itself, in addition to him being out of the US for so long.

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

[goobies 79]

Just now, OldUser said:

Yes, you can start the process again. But right now it's not clear his status was revoked. Denial of I-751 does not terminate status as far as I know. It needs to be documented by I-407 or immigration court paperwork.

Ah, ok. That is very helpful information. So we must wait for that document before we apply again.

 

Do you know the chances of success for IR1 if this situation we are in has happened?

[Mobius1 175]

Just now, goobies said:

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

These kids, are they from this marriage? If so I would be surprised why would they deny your i751....

[OldUser 6,878]

Just now, goobies said:

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

Yeah, I-751 case is probably "dead" now. I don't think conditions can be removed with him being out of the US for 3 years and being separated from wife for 3 years.