I-751 denied, then I-290B denied, help with next steps

[BaiBlueberry 6]

2 minutes ago, Timona said:

You didn't answer me. When did she get her GC? Year, that is

Sorry I must've missed it, 2016

[Mike E 11,727]

25 minutes ago, BaiBlueberry said:

I don't know how to quote specific lines so I numbered them instead to respond to some of your points. I hope it makes sense, sorry!!

 

1) I only googled success rates for court appeals on immigration cases, and saw 10% on google. I tried to find the link again but I've been on so many websites that I couldn't. It wasnt specific for divorce though.

You should consider the possibility that most removal hearings are for people who have committed crimes, entered illegally, or  over stayed their visa (though that was in the past - this is no longer Biden policy)

 

 Removing LPR status of people who were denied I-751 isn’t even a rounding error.  

 

If I knew or believed I-751 based removal cases usually end in deportation I would have told you.  
 

But understand this: the USA doesn’t have infinite patience. You need to attend to this problem.  
 

Quote

 

2) There is nothing I haven't shared. I think it's natural to be scared that the case could get denied again if it was denied once. So, I just want to know all possible options for all possible outcomes.

It was denied because you didn’t show up for an interview. Most likely because you moved because your step father blew up his marriage and he tossed the notices in the trash.  
 

Your lawyer didn’t get notices and there is a 10 percent or higher chance it was because G-28 was not submitted or if  it was not filled out correctly. We’ve seen G-28 botches by lawyers  before. The fact your lawyer didn’t inform you that your I-751 wasn’t filed because the legal fees weren’t paid is evidence your lawyer is not competent.  So I am upgrading my 10 percent estimate to 50 percent. 

 

Or your lawyer is lying. Or isn’t actually a lawyer.  
 

While your previous case was in progress how often did you  check your case status? 

Quote

 

Edited January 29, 2023 by Mike E

[Timona 3,970]

27 minutes ago, BaiBlueberry said:

Sorry I must've missed it, 2016

 

Which years did she:

1. Apply for I-751

2. Get official divorce cert.

3. File N400

[BaiBlueberry 6]

2 minutes ago, Mike E said:

You should consider the possibility that most removal hearings are for people who have committed crimes, entered illegally, or  over stayed their visa (though that was in the past - this is no longer Biden policy)

 

 Removing LPR status of people who were denied I-751 isn’t even a rounding error.  

 

If I knew or believed I-751 based removal cases usually end in deportation I would have told you.  
 

But understand this: the USA doesn’t have infinite patience. You need to attend to this problem.  
 

It was denied because you didn’t show up for an interview. Most likely because you moved because your step father blew up his marriage and he tossed the notices in the trash.  
 

Your lawyer didn’t get notices and there is a 10 percent or higher chance it was because G-28 was not submitted or if  it was not filled out correctly. We’ve seen G-28 botches by lawyers  before. The fact your lawyer didn’t inform you that your I-751 wasn’t filed because the legal fees weren’t paid is evidence your lawyer is not competent.  So I am upgrading my 10 percent estimate to 50 percent. 

 

Or your lawyer is lying. Or isn’t actually a lawyer.  
 

While your previous case was in progress how often did you  check your case status? 

Oh I see. We have no criminal record, all taxes paid on time, so hopefully our chances are higher then. And we know this is a time sensitive issue, we will be filing at least something this monday definitely.

 

We moved way before, and had been receiving all USCIS correspondences at our current address. All responses to inquires, extension letters, and including the denial notice was sent to our current address. Our address is also updated on the online profile. But, we can make sure the address is not a problem of course.

 

Also, I may have written it confusingly, so I wanted to clarify the lawyer situation. We had separate 2 lawyers who filed our GC cases and the I-751. The lawyer who's fees weren't paid on time filed for our GC, and he was my step-dad's lawyer. So, we hired a new lawyer to when we were filing for I-751 and I-290B. It is possible our current lawyer did something incorrectly, or both. I guess filing the I-751 anew will hopefully solve this problem.

 

If by the previous case you mean the I-751, we checked our case status online at least once a month (took screenshots) and filed an inquiry once a year. This is why we have screenshots of the website which doesn't show an interview invite, and the inquiry which was filed a couple days after the supposed interview date. We were sent extension letters for 1 year then 6 months by the USCIS automatically for the first 1.5 years after filing. Then we had to get InfoPass appointments to get an I-551 stamp once a year. My mom got an I-551 stamp at our field office a couple weeks before we received the denial notices (after the interview date mentioned in the denial notice), and she asked the officer if she sees any updates regarding our I-751 case and the officer said there were no updates. If there was a notice sent, and we really missed an interview at that field office, wouldn't they be able to see that when my mom went in to get her stamp?

[Mike E 11,727]

27 minutes ago, BaiBlueberry said:

we checked our case status online at least once a month (took screenshots) and filed an inquiry once a year. This is why we have screenshots of the website which doesn't show an interview invite, and the inquiry which was filed a couple days after the supposed interview date

At the removal trial the judge should rip USCIS’s lawyer a new orifice. The appeal should not have been denied.  
 

Check your  new case’s status daily. Download an app like lawfully  to ease this. 

[Pinkrlion 2,612]

You should have asked congressman to get the copies of the missed interview letters.

 

if she can prove they went to the old address and you submitted ar11 to change your address prior to filing 751, you can file a motion to reopen. 

[Family 3,556]

42 minutes ago, Mike E said:

The appeal should not have been denied.  

Agreed. The I-751 attorney did a thorough job and included his own affidavit for non receipt of interview notice. …BUT after a quick look ( no recall nor hands on ) there may be an issue w OP ‘s I-751 basis.

Sounds like as a child whose parents divorced, her only option would have been to claim hardship to herself.

• If your parent’s spouse will not join you in the filing of a Joint I-751 Petition OR your parent has divorced his or her spouse, then you still may be eligible to file an I-751 Waiver Petition IF you can prove that the termination of your conditional residence and your removal from the United States will result in extreme hards

I 

Edited January 29, 2023 by Family

[Family 3,556]

link to rev post 
https://www.hummelaw.com/2020/08/06/i-751-petitions-for-conditional-permanent-resident-children/

[Mike E 11,727]

34 minutes ago, Family said:

link to rev post 
https://www.hummelaw.com/2020/08/06/i-751-petitions-for-conditional-permanent-resident-children/

Good lord.  An alien parent with derivatives should think twice about conditional permanent residence and then just say no. 

[Mike E 11,727]

49 minutes ago, Family said:

link to rev post 
https://www.hummelaw.com/2020/08/06/i-751-petitions-for-conditional-permanent-resident-children/

Nolo, which is generally good with immigration stuff, doesn’t mention any of that:

 

https://www.nolo.com/legal-encyclopedia/filing-form-i-751-as-conditional-resident-child-of-divorcing-parents.html

[Family 3,556]

13 minutes ago, Mike E said:

Nolo, which is generally good with immigration stuff, doesn’t mention any of that:

 

https://www.nolo.com/legal-encyclopedia/filing-form-i-751-as-conditional-resident-child-of-divorcing-parents.html

It’s one of those cases where a thorough review of initial filing is warranted by a second pair of eyes ( get 2nd or 3rd opinion) to insure OP qualified to remain included in mom’s case or was separation by USCIS justified .

In either case filing new good reason late I-751 for mom based on divorce and   OP marks both 1d and 1g ( divorce and hardship …is best course.

 

https://www.ilrc.org/sites/default/files/resources/i-751_advisory_final.pdf

The same standards for filing the waiver that apply to the principal conditional resident also apply to the conditional resident’s children

 

https://www.uscis.gov/sites/default/files/document/forms/i-751.pdf

[Family 3,556]

What is the  EXACT date of LPR for mom ? 
What is the EXACT date of LPR for you ? And how old were you on that date?
What is the date of Divorce ? 
What is the date of separation according to divorce documents? 
What is the exact date of I-751 filing ? 
How old were you on that date? 
 

[mindthegap 2,543]

You are overthinking this, over complicating this, and over stressing. Before you jump down my throat for not understanding, take a look at my signature time/line below and see what I've been/am going through with USCIS, including similar to you.

 

Yes, USCIS are slow and useless. No, they largely don't care.

There may have been an interview notice sent out, there may not. If there was, it may have been tossed in the mail by the former spouse, or it may have disappeared into the USPS hole. You will probably never know. 

Either way, it doesn't matter at this point. 

 

On 1/29/2023 at 10:19 AM, BaiBlueberry said:

We have not received the physical notices yet, and therefore do not know the reason for the I-290B denials. 

Probably because it was not incorrect application of the law or policy by the service (which would have been grounds for re-opening) and it wasn't new information that was not considered at the time (which would have been grounds for re-consideration), so it did not meet the very narrow criteria for an I-290B. An I-290B should not have been filed in the first place - the 'lawyer' has treated it like an appeal, when it is absolutely not an appeal.

 

 

So,

1) Fire the 'lawyer'. An I-290B should never have been filed in those circumstances and should not be again.

2) Forget about the original I-751. It's done, won't be overturned, and it's history. 

3) File a new I-751 as soon as possible - you will have to pay for this again, and the biometrics again. Include everything evidence wise from the first one - the evidence in the first one will not be referenced during adjudication of the new one, so include it all again. And yes, before you ask, you are legally permitted to file multiple I-751s, so get it done. 

4) Await receipt for filing

5) Make infopass for I-551 stamp. Tell them it is urgent, book a refundable flight if you have to, as proof of imminent travel necessitating a stamp. You are legally entitled to a stamp, so get one. 

6) Await biometrics appointment or waiver letter.

7) Wait.

Thats it. Until an NTA or something else arrives, or another interview arrives, or approval arrives,  you are back in the waiting game. So get on with your life until then. You remain a permanent resident until an immigration judge says otherwise.

 

[Noname93 178]

13 hours ago, mindthegap said:

Until an NTA or something else arrives, or another interview arrives, or approval arrives,  you are back in the waiting game

 

As someone who is currently in the waiting game for my second I-751, what happens to the first petition once the second one gets approved? Could they still issue an NTA afterwards?

[Mike E 11,727]

4 hours ago, Noname93 said:

As someone who is currently in the waiting game for my second I-751, what happens to the first petition once the second one gets approved? Could they still issue an NTA afterwards?

Yes they could.  Recommend you hire an attorney to get the removal proceedings from the denied first RoC dismissed.  
 

see 

 

Edited January 31, 2023 by Mike E