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

[Family 3,553]

Yes you can file with box d for parents good faith marriage and divorce waiver. It’s confusing , but here is an easy read .

You then include all of the evidence from first filing ( can even FOIA entire file and submit it) . 
For good measure ,  I recommend spelling out additional grounds of seeking waiver on last page of I-751 ..

A simple statement saying you are seeking a waiver under

1. d ( divorce waiver) as original I-751 was denied for abandonment and USCIS separated your case from moms Attach marriage proof and divorce 

2. abuse ( if mom was indeed abused, you can make a claim as a collateral victim . Attach evidence of moms abuse

3. hardship. Sounds like you are doing a good drafting statement of hardship. Accept the attorneys advice and include how the community would indeed be harmed if you were not allowed to remain. This is a standard argument for ALL effective waiver ( national interest and in the interest family unity) . And can find specific wording by reading through AAO USCIS non precedental decisions 

 

So mark only ONE box on the form , BUT on last page lay a claim to ALL three grounds and include evidence.

DOES this work? YES. 
Good luck 
 

 

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

You want to say you're filing because your parents' marriage was entered into in good faith but the marriage was terminated through divorce. Box 1d. is the closest to that.

In Part 4, you check box 1b. and give information about your U.S. citizen parent

[zckal 1]

I am so sorry to hear that you have been going through such. Please keep us updated. Good luck to you.

[BaiBlueberry 6]

On 1/31/2023 at 10:21 AM, mindthegap said:

Yes. Depends on a variety of factors, including how quickly you filed the second one post-denial of the first. If you look in your FOIA post a denial, you would see something like this:

 

 

 

 

 

Data point:I'm on my third I-751, and, to date, no NTA from the denials of my first or second, and the eeyore (which is what I call the AUTOMATED CASE INFORMATION site, remains clear. 

 

Hello. Hope you have been well. Just responding to this last message, because I had a question that I thought you might be able to address. (TLDR; regarding proving continued residency while waiting for my case to be processed)

 

I filed my AOS case in July. Received fingerprint appointment and completed it in August.

 

I need verification of my continued residency status for employment/grad school purposes. Since my last I-551 stamp expired, I called USCIS to request an InfoPass appointment, however they told me I cannot receive one as my case is being processed. This makes sense since I filed a new case that doesn't have a decision yet. However, my Driver's License is set to expire in a couple months. I cannot renew it without an I-551 stamp or a letter of extension from the USCIS. Once my Driver's License expires, I will have no forms of identification that are not expired. So, I will not be able to drive, work, take a plane, or prove my identity for any background checks/etc. When I voiced these concerns to the agent I spoke with, they said they're not sure what I can do.

 

Did something similar ever happen to you?

 

The agent also said the current expected timeline for AOS is June 2027. I will need to take national board exams by then, and I'm afraid that not having any valid form of identification will cause problems for my licensure/degree program.

 

Thanks so much!

[OldUser 5,093]

17 minutes ago, BaiBlueberry said:

I filed my AOS case in July. Received fingerprint appointment and completed it in August.

 

I need verification of my continued residency status for employment/grad school purposes.

You're not a permanent resident until GC is approved. Have you filed for EAD and Advance Parole? This is what you could have used in the interim, while I-485 is pending. 

[Mike E 11,727]

13 minutes ago, BaiBlueberry said:

filed my AOS case in July. 
 

I cannot find it in the thread: what visa did you use to enter the U.S.?

[JKLSemicolon 331]

5 hours ago, OldUser said:

You're not a permanent resident until GC is approved. Have you filed for EAD and Advance Parole? This is what you could have used in the interim, while I-485 is pending. 

I believe @BaiBlueberry may have written AOS when they actually meant ROC.

[JKLSemicolon 331]

6 hours ago, BaiBlueberry said:

 

Hello. Hope you have been well. Just responding to this last message, because I had a question that I thought you might be able to address. (TLDR; regarding proving continued residency while waiting for my case to be processed)

 

I filed my AOS case in July. Received fingerprint appointment and completed it in August.

 

I need verification of my continued residency status for employment/grad school purposes. Since my last I-551 stamp expired, I called USCIS to request an InfoPass appointment, however they told me I cannot receive one as my case is being processed. This makes sense since I filed a new case that doesn't have a decision yet. However, my Driver's License is set to expire in a couple months. I cannot renew it without an I-551 stamp or a letter of extension from the USCIS. Once my Driver's License expires, I will have no forms of identification that are not expired. So, I will not be able to drive, work, take a plane, or prove my identity for any background checks/etc. When I voiced these concerns to the agent I spoke with, they said they're not sure what I can do.

 

Did something similar ever happen to you?

 

The agent also said the current expected timeline for AOS is June 2027. I will need to take national board exams by then, and I'm afraid that not having any valid form of identification will cause problems for my licensure/degree program.

 

Thanks so much!

 

Have you read this page?

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

 

@mindthegap and others will have more experience with the ADIT stamp process, but if you spoke to a Tier 1 officer on the phone they likely did not give you accurate information.

 

Edit: did you receive an extension letter for the new filing?

Edited September 12, 2023 by JKLSemicolon

[BaiBlueberry 6]

4 hours ago, JKLSemicolon said:

 

Have you read this page?

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

 

@mindthegap and others will have more experience with the ADIT stamp process, but if you spoke to a Tier 1 officer on the phone they likely did not give you accurate information.

 

Edit: did you receive an extension letter for the new filing?

I did think that maybe the agent didn't see my case history, and that's why they thought I wouldn't be able to receive a stamp. I am thinking of calling again to explain my case history better, and see if that changes anything. I did not receive an extension letter. I only received a fingerprint appointment invitation.

[Family 3,553]

You need to call and outright state you ; 

1, Will lose your job and your employer has put you on notice . The financial hardship is so Gerardi that you risk losing roof over your head ( rent or mortgage os ok,) 
 

2. If  You have some urgent need to travel ( business or personal ) state your fear of dealing w CBP ..given previous denials .

 

Stress the urgency , and don’t “explain” or plead tour case w tier 1 . Insist on tier 2 . You can do this.

[BaiBlueberry 6]

4 minutes ago, Family said:

You need to call and outright state you ; 

1, Will lose your job and your employer has put you on notice . The financial hardship is so Gerardi that you risk losing roof over your head ( rent or mortgage os ok,) 
 

2. If  You have some urgent need to travel ( business or personal ) state your fear of dealing w CBP ..given previous denials .

 

Stress the urgency , and don’t “explain” or plead tour case w tier 1 . Insist on tier 2 . You can do this.

I actually got a job, then lost it because of my lack of paperwork to establish residency. I'm just always scared of annoying them on the phone, but I'll call back and do what you said. Thanks so much!

[mindthegap 2,543]

17 hours ago, BaiBlueberry said:

Did something similar ever happen to you?

Yes. Not all agents are created equal, and tier 1 agents are generally medicore at best and are only for verifiying details and escalating to  schedule a call back/appointment.

 

Use my handy acronym:

HUCA (Hang Up and Call Again), and if necessary continue to do so until you get someone competent. 

You are entitled to a stamp (as proof of status) by law. If they require an urgent reason to give you an appointment - and renewing ID, employment verification, and urgent travel are ALL classed as urgent reasons by USCIS themselves - then give them one. 

 

6 hours ago, BaiBlueberry said:

I'm just always scared of annoying them on the phone

 

Scared of what? Them doing their job?

Don't be. 

 

[manyfudge 273]

On 9/12/2023 at 4:19 AM, BaiBlueberry said:

I'll call back and do what you said. Thanks so much

Any luck?

[BaiBlueberry 6]

Hello all!

 

As suggested by others, I called USCIS and explained that all my forms of identification are expiring. I requested an Infopass appointment, bc I need something to renew my Driver's License at the DMV. I have moved, so they gave me an appointment near my new address.

 

The agent I spoke with said they see that my I-751 was denied, but that they also see a hold on the case. They weren't sure what it means. They told me I should go to the field office that has jurisdiction over the case, and ask them what's going on. So, I made another appointment to go to back to the field office where my case was processed.

 

In the meantime, I was wondering if anyone knows what this 'hold' could be. My I-751 was denied the summer of 2021, and I never received any follow up notices about a hold on the case for review by the NBC. It seems the hold was placed after the denial based on what the field agent was able to see on their end. (Just as a reminder, my I-751 was denied on the grounds that I did not attend my scheduled interview. However, no interview notices were sent and no updates were posted on the myUSCIS Case Status portal.)

 

Thanks as always! 🙂

 

(Apologies for being late with replies, between moving, starting school again, and having some family pet issues I've been swamped)

[mindthegap 2,543]

40 minutes ago, BaiBlueberry said:

In the meantime, I was wondering if anyone knows what this 'hold' could be.

 

There are a variety of holds for different things

This one was taken from my own FOIA response, after I 'missed' an interview (when no mail notice was received...much like you)

 

As you can see it says 30 days....

 

There are others too (also taken from my FOIA):

 

 

It could also still be on hold because you filed an I-290B, or it could be because they think you will ultimately refile, and it is a lower priority as an I-751 with the backlogs they have.

Or, they are just totally inept.

 

 

[Family 3,553]

48 minutes ago, BaiBlueberry said:

Hello all!

 

As suggested by others, I called USCIS and explained that all my forms of identification are expiring. I requested an Infopass appointment, bc I need something to renew my Driver's License at the DMV. I have moved, so they gave me an appointment near my new address.

 

The agent I spoke with said they see that my I-751 was denied, but that they also see a hold on the case. They weren't sure what it means. They told me I should go to the field office that has jurisdiction over the case, and ask them what's going on. So, I made another appointment to go to back to the field office where my case was processed.

 

In the meantime, I was wondering if anyone knows what this 'hold' could be. My I-751 was denied the summer of 2021, and I never received any follow up notices about a hold on the case for review by the NBC. It seems the hold was placed after the denial based on what the field agent was able to see on their end. (Just as a reminder, my I-751 was denied on the grounds that I did not attend my scheduled interview. However, no interview notices were sent and no updates were posted on the myUSCIS Case Status portal.)

 

Thanks as always! 🙂

 

(Apologies for being late with replies, between moving, starting school again, and having some family pet issues I've been swamped)

I hope you now have FOIA d for complete records of your adj/I-751 and I-290 B filings ..since all were done by attorneys.

 

You never came back w details of specific reasons given in the I-290 B denial. ..nor is it clear if you took any action other than consulting attorneys. 
 

Even if you can’t afford to hire them ..you are very smart , cool /calm as a cucumber and very capable to handle this !

 

Am also hoping you did the following:

 

1. Filed a “ late filed “ I-290 B ..mark

both motion to re open /Motion to reconsider …this is specific to the first denied I-290 B . 
Point out that there is no evidence on record that a notice of interview was ever mailed to you  Obtain an  affidavit from any old neighbor that says they have had problems w mail 

 

2. Filed a new Late Filed I-751 , mark hardship..and as noted in earlier posts state a claim on the additional reasons on last page of form . 
 

So their hold just means , no action on NTA or sending you to court