Declined 1-751

[Yosef 7]

Money for jam I see . What a wast . 

I need to leave the county in 3 weeks . if I apply for I 751 will this allow me to re-entry or Dovi have to wait until I get the green 797.

[Yosef 7]

I was travelling out the country and 3 weeks before called to reschedule.

[MillerTime 22]

Just now, Yosef said:

I was travelling out the country and 3 weeks before called to reschedule.

Unfortunately USCIS is not a fan of rescheduling interviews due to travel purposes. I've seen a lot of people asking VJ if they should reschedule their interview for travel and the consensus from others was always don't do it. This might be an uphill battle. I probably would just refile. Good luck whatever you decide to do!  

[OldUser 5,177]

9 minutes ago, Yosef said:

Money for jam I see . What a wast . 

I need to leave the county in 3 weeks . if I apply for I 751 will this allow me to re-entry or Dovi have to wait until I get the green 797.

You'll probably need a new letter, which will only extend your GC until May 2023.

 

After that, you'll need to be getting I-551 stamps until 10 year GC.

 

Unless it is a super urgent travel related to health / death of your family, I would not be travelling. Also make sure you were not put in removal proceedings.

 

 

[HarryWL 262]

5 hours ago, beloved_dingo said:

Wow I am so sorry this happened to you. I don't understand why there isn't a streamlined process to reschedule interviews. Stuff happens and there are dozens of legitimate reasons to need to reschedule, even at the last minute. 

 It's blatant incompetence. A process that use to take a couple of months now takes 2+ years minimum. The fact they expect you to be available every single day of the year despite not being able to provide an interview within a reasonable timeframe should warrant a civil lawsuit against them based on how they treat PRs.

[HarryWL 262]

28 minutes ago, MillerTime said:

Unfortunately USCIS is not a fan of rescheduling interviews due to travel purposes. I've seen a lot of people asking VJ if they should reschedule their interview for travel and the consensus from others was always don't do it. This might be an uphill battle. I probably would just refile. Good luck whatever you decide to do!  

 

I'm not a fan of having to wait 2-3 years for them to schedule an interview either, a process that use to take 2-3 MONTHS. The fact they expect everyone to put their life on hold is disgusting. The whole process is broken and the director of USCIS should be fired. 

Edited January 20, 2023 by HarryWL

[Yosef 7]

I have a strange idea can I apply for an esta visa whilst in Uk and enter on that or they will deport me 

[MillerTime 22]

1 minute ago, HarryWL said:

 

I'm not a fan of having to wait 2-3 years for them to schedule an interview either, a process that use to take 2-3 MONTHS. The fact they expect everyone to put their life on hold is disgusting. The whole process is broken and the director of USCIS should be fired. 

Oh trust me! I 100% agree that the whole system is broken. Until there's some serious reform within USCIS (which I unfortunately don't see happening anytime soon), that's the way it's going to be and it's terrible that we all have to just live with it.

[OldUser 5,177]

1 minute ago, Yosef said:

I have a strange idea can I apply for an esta visa whilst in Uk and enter on that or they will deport me 

You're Lawful Permanent Resident.

You cannot get ESTA or visa, it will be denied.

[mindthegap 2,550]

Just now, Yosef said:

I have a strange idea can I apply for an esta visa whilst in Uk and enter on that or they will deport me 

Do not do this.

You are not VWP or ESTA eligible as you are a permanent resident. 

 

If your original extension letter is still valid - you said you filed in May of 2021 and it should have been a 24 month extension letter at that time - then when accompanied by the expired card, yes you should* be ok to board a flight back to the US as long as it is before the expiry of that 24 month period. 

 

*disclaimer - I am not a lawyer. This is based solely on my own personal experience travelling with a denied I-751, and refiles, and personal knowledge of this, and you should seek your own qualified legal opinion.

 

[Yosef 7]

Is that the fact as I have a denied 751 supposedly wait for removal action  

[OldUser 5,177]

1 minute ago, Yosef said:

Is that the fact as I have a denied 751 supposedly wait for removal action  

Do you want to be in removal? 🤯

Just follow the detailed advice given earlier.

[mindthegap 2,550]

1 minute ago, Yosef said:

Is that the fact as I have a denied 751 supposedly wait for removal action  

You remain a permanent resident until an immigration judge says otherwise, and that could take years, and may not even get to court at all if you can get this corrected or you refile quickly enough 

 

[Yosef 7]

That's interesting . I have a 797 valid until May 2023 . In your experience one can travel even although there was a denial on the i-751

[OldUser 5,177]

Just now, Yosef said:

That's interesting . I have a 797 valid until May 2023 . In your experience one can travel even although there was a denial on the i-751

Not a legal advice as @mindthegap pointed out.