Divorce waiver - I-751 denied, will see lawyer in a week. (split)

[Rosa Garcia 59]

Hello! I received a decision that my I-751 divorce waiver was denied and my status has been terminated. Can I go to work? My lawyer wants to see me in one week. I believe we will discuss my options. But can I continue working?

[OldUser 4,870]

5 minutes ago, Rosa Garcia said:

Hello! I received a decision that my I-751 divorce waiver was denied and my status has been terminated. Can I go to work? My lawyer wants to see me in one week. I believe we will discuss my options. But can I continue working?

Ouch! What's your long term plan? Re-file I-751?

 

I believe, technically you can continue working since only immigration judge can terminate your LPR status.

[Ontarkie 13,918]

~~Hijack post and related reply split off to their own thread. Please do not post questions about your own case in other member's threads.~~

[immigrant2046 0]

So sorry to hear that! Why was your waiver denied? 

[Rosa Garcia 59]

On 3/6/2023 at 4:53 PM, OldUser said:

Ouch! What's your long term plan? Re-file I-751?

 

I believe, technically you can continue working since only immigration judge can terminate your LPR status.

I'm thinking of filing both motion to reopen (I-290B) and new I-751. I would only file the first one, but I read in order to get a stamp in my passport (to continue work) I would need to refile a new i751. Do you know if I can file both forms or just pick one? No attorney is sure...

Do you know if I can work without submitting a new I-751 until uscis adjudicates my motion to reopen? Do you know if I can still get a stamp, without filing a new application? 

I got denied due to lack of evidence (bona fide) marriage and fraud accusations. Never had RFE or interview...

[Allaboutwaiting 2,500]

7 minutes ago, Rosa Garcia said:

I'm thinking of filing both motion to reopen (I-290B) and new I-751. I would only file the first one, but I read in order to get a stamp in my passport (to continue work) I would need to refile a new i751. Do you know if I can file both forms or just pick one? No attorney is sure...

Do you know if I can work without submitting a new I-751 until uscis adjudicates my motion to reopen? Do you know if I can still get a stamp, without filing a new application? 

I got denied due to lack of evidence (bona fide) marriage and fraud accusations. Never had RFE or interview...

I would just file new I751 as soon as possible and immediately after, book that appointment to get the stamp. 

 

Urgently calling @mindthegapwho is the absolute expert in this kind of issue. 

 

Edited March 9, 2023 by Allaboutwaiting

[mindthegap 2,535]

On 3/6/2023 at 4:38 PM, Rosa Garcia said:

 Can I go to work? 

Yes.

 

On 3/6/2023 at 4:38 PM, Rosa Garcia said:

Hello! I received a decision that my I-751 divorce waiver was denied 

It was

 

On 3/6/2023 at 4:38 PM, Rosa Garcia said:

 and my status has been terminated.

It hasn't really. The denial letters are on shaky legal ground and not really factual. You remain a LPR until an immigration judge says so.

 

On 3/6/2023 at 4:38 PM, Rosa Garcia said:

 My lawyer wants to see me in one week. I believe we will discuss my options. 

 

You need to act quickly. Sitting around for a week does you no favours.

 

38 minutes ago, Rosa Garcia said:

I'm thinking of filing both motion to reopen (I-290B) and new I-751.

An I-290B has a VERY narrow set of criteria, and is not an appeal. It has to be based on incorrect application of the law or policy (which you must prove, citing the specific law/policies they have broken), or evidence that was not considered at the time that would possibly have changed the outcome. It is NOT an appeal.

A new I-751 is the sensible thing to do here, as in all probability will not rule in favour of your I-290B and re-open.

 

 

38 minutes ago, Rosa Garcia said:

. but I read in order to get a stamp in my passport (to continue work) I would need to refile a new i751.

This is incorrect. Genco opinon 96-12. Can't be bothered to cut and paste it here again, so here is a link to where I put it previously

 

38 minutes ago, Rosa Garcia said:

 Do you know if I can file both forms or just pick one? No attorney is sure...

You can file both if you want to.

Not all attorneys are created equal, and not all are competent. 

 

38 minutes ago, Rosa Garcia said:

Do you know if I can work without submitting a new I-751 until uscis adjudicates my motion to reopen?

Yes you can. You remain a LPR.

 

38 minutes ago, Rosa Garcia said:

Do you know if I can still get a stamp, without filing a new application? 

Yes. 

 

38 minutes ago, Rosa Garcia said:

I got denied due to lack of evidence (bona fide) marriage and fraud accusations. Never had RFE or interview...

 

So, now you have two issues to overcome.

Firstly, simply filing a new I-751 with exactly the same evidence will likely produce the same result in a few years - another denial. 

You need to find every single shred of evidence you can muster. Documents, photos, bills, emails, texts, mail, affidavits from people who knew you. Anything and everything that shows a life and marriage, good and bad. 

No matter how insignificant it may seem, just throw it ALL in. Now. Your refiling needs to be substantial and thorough. 

 

You also now have the fraud accusation to overcome, which is a bigger hurdle, and unfortunately will prejudice the adjudication of future I-751s (as I found out), which is why the filing needs to be substantial.

Did your ex spouse say something to them, in the way only a spurned spouse can? Because they are a US citizen, they generally believe them without confronting you or giving an opportunity to answer any accusations (even though legally they are required to. This could be your possible basis for an I-290B ) . It sucks but it is the reality. 

You have an uphill battle.

 

 

An I-290B is unlikely to do much other than waste money. It heeds you to file a new I-751 as soon as possible while it is in the 'hold' period (30 or 45 days). If you file quickly, it may avoid an NTA later down the line. 

 

 

Edited March 9, 2023 by mindthegap

[Rosa Garcia 59]

4 hours ago, mindthegap said:

Yes.

 

It was

 

It hasn't really. The denial letters are on shaky legal ground and not really factual. You remain a LPR until an immigration judge says so.

 

 

You need to act quickly. Sitting around for a week does you no favours.

 

An I-290B has a VERY narrow set of criteria, and is not an appeal. It has to be based on incorrect application of the law or policy (which you must prove, citing the specific law/policies they have broken), or evidence that was not considered at the time that would possibly have changed the outcome. It is NOT an appeal.

A new I-751 is the sensible thing to do here, as in all probability will not rule in favour of your I-290B and re-open.

 

 

This is incorrect. Genco opinon 96-12. Can't be bothered to cut and paste it here again, so here is a link to where I put it previously

 

You can file both if you want to.

Not all attorneys are created equal, and not all are competent. 

 

Yes you can. You remain a LPR.

 

Yes. 

 

 

So, now you have two issues to overcome.

Firstly, simply filing a new I-751 with exactly the same evidence will likely produce the same result in a few years - another denial. 

You need to find every single shred of evidence you can muster. Documents, photos, bills, emails, texts, mail, affidavits from people who knew you. Anything and everything that shows a life and marriage, good and bad. 

No matter how insignificant it may seem, just throw it ALL in. Now. Your refiling needs to be substantial and thorough. 

 

You also now have the fraud accusation to overcome, which is a bigger hurdle, and unfortunately will prejudice the adjudication of future I-751s (as I found out), which is why the filing needs to be substantial.

Did your ex spouse say something to them, in the way only a spurned spouse can? Because they are a US citizen, they generally believe them without confronting you or giving an opportunity to answer any accusations (even though legally they are required to. This could be your possible basis for an I-290B ) . It sucks but it is the reality. 

You have an uphill battle.

 

 

An I-290B is unlikely to do much other than waste money. It heeds you to file a new I-751 as soon as possible while it is in the 'hold' period (30 or 45 days). If you file quickly, it may avoid an NTA later down the line. 

 

 

Thank you, you are my angel. I won't file motion to reopen then.My attorney didn't know any of the above. I'm sure my ex husband send multiply letters to Uscis and I wouldn't be surprised if he also send statements with derogatory  comments about me from his family and friends.

More questions:

1.Can I travel domestically with my driver's license to another state or TSA will have my immigration information? 2.Also if I file i-751 and have to wait for a receipt up to 6 weeks, will Uscis give me a stamp right after sending a file? What evidence will I need to show that I really send it?

3.Maybe USCIS officers are also incompetent and when they see my i751 was denied, they refuse me a stamp and kick me out or arrest me?

4.Can Uscis deny my new I-751 with modified, but mostly similar evidence right away after checking that it's the same waiver and similar evidence, citing bad cause?

5. If I go to info pass appointment/or the airport, can ICE arrest me?

6. My attorney told me I am considered illegal and cannot work, unless I got a stamp, and then I will be legally present. Why does she say that?

7. Can they check and fire me from work?

8. I need 2 weeks to obtain some documents to attach to my file. Would you sent I-751 right away and 2 weeks later resend missing documents or wait until I obtain them, and then send everything together?

 

 

Thank you for your help! I wish you the best! 

[mindthegap 2,535]

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

Thank you, you are my angel. I won't file motion to reopen then.

Note: I am not your attorney and my advice is not qualified legal advice, and is my opinion, based solely on my own experience and experiences of others.

You should seek your own qualified legal opinion and make a decision based on that. 

 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

I'm sure my ex husband send multiply letters to Uscis and I wouldn't be surprised if he also send statements with derogatory  comments about me from his family and friends.

 

Well, derogatory comments are not going to lead to fraud accusations. If he said something specific, that could lead to it. 

What were the specific reasons cited on your denial? Please type them word for word or post a picture (redacting any and all personal info obviously)

 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

1.Can I travel domestically with my driver's license to another state 

Yes

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

2.Also if I file i-751 and have to wait for a receipt up to 6 weeks, will Uscis give me a stamp right after sending a file? What evidence will I need to show that I really send it?

Once you file a new I-751 (don't forget you have to pay again, and pay for biometrics again), you will receive another receipt extension letter in the mail.

You will probably be waiting longer than that to get an infopass appointment for a stamp at this time anyway.

 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

 

3.Maybe USCIS officers are also incompetent and when they see my i751 was denied, they refuse me a stamp and kick me out or arrest me?

Well yes, many are incompetent. No they cannot deny you a stamp (you are legally entitled to one), they cannot kick you out or arrest you as you remain a LPR until an immigration judge says so. As a LPR you have absolute rights enshrined in law, and are entitled to due process. It simply doesn't work like that.

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

4.Can Uscis deny my new I-751 with modified, but mostly similar evidence right away after checking that it's the same waiver and similar evidence, citing bad cause?

Yep, although it is very unlikely to be right away. It will go to the back of the regular multi-year line again. You are talking years at this point in time. 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

5. If I go to info pass appointment/or the airport, can ICE arrest me?

No. However I would advise against leaving the country at this specific time until you have re-filed AND have a stamp in your passport. 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

6. My attorney told me I am considered illegal and cannot work, unless I got a stamp, and then I will be legally present. Why does she say that?

Because she is a(removed).

Fire that attorney.

 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

7. Can they check and fire me from work?

I-9 requirements still apply. If you have a valid state ID, and an unrestricted SS card (ie, it doesn't have something like 'not valid for work authorization' or similar on, as some peoples do if they, say, came on a K1), then legally you can fulfill ALL I-9 requirements without ever having to present any immigration documentation.

If you don't have that SS card, then it can still be done with other methods, so don't worry - again, you remain a LPR at this time. 

 

On 3/9/2023 at 4:04 PM, Rosa Garcia said:

8. I need 2 weeks to obtain some documents to attach to my file. Would you sent I-751 right away and 2 weeks later resend missing documents or wait until I obtain them, and then send everything together?

Get on the case with obtaining them now in the most expeditious manner possible, and have the file ready to go as soon as they arrive, and send it by fedex/UPS next day air to avoid any delays. 

 

Don't forget to include a brief cover letter with it stating it is a refile due to a denial and not being filed late. It will be accepted. 

Edited March 13, 2023 by Ontarkie
by-passing language filter

[A110 79]

2 hours ago, Rosa Garcia said:

Thank you, you are my angel. I won't file motion to reopen then.My attorney didn't know any of the above. I'm sure my ex husband send multiply letters to Uscis and I wouldn't be surprised if he also send statements with derogatory  comments about me from his family and friends.

More questions:

1.Can I travel domestically with my driver's license to another state or TSA will have my immigration information? 2.Also if I file i-751 and have to wait for a receipt up to 6 weeks, will Uscis give me a stamp right after sending a file? What evidence will I need to show that I really send it?

3.Maybe USCIS officers are also incompetent and when they see my i751 was denied, they refuse me a stamp and kick me out or arrest me?

4.Can Uscis deny my new I-751 with modified, but mostly similar evidence right away after checking that it's the same waiver and similar evidence, citing bad cause?

5. If I go to info pass appointment/or the airport, can ICE arrest me?

6. My attorney told me I am considered illegal and cannot work, unless I got a stamp, and then I will be legally present. Why does she say that?

7. Can they check and fire me from work?

8. I need 2 weeks to obtain some documents to attach to my file. Would you sent I-751 right away and 2 weeks later resend missing documents or wait until I obtain them, and then send everything together?

 

 

Thank you for your help! I wish you the best! 

Is your attorney an actual attorney or are they a paralegal/ lawyer outside of the U.S ? I have seen numerous "attornies" who have not passed the bar but somehow pose themselves as attornies to vulnerable communities. Make sure whoever you hire as attorney is skilled in immigration matters and has passed the bar (basic requirements). While the cover letter they provide may look generic it is very important that it covers the legal grounds necessary for your case to be reconsidered for approval. Hiring a bad attorney at this point may do more harm than good, we are not talking about throwing your money in the trash can here,this could jepordize your entire case.

[OldUser 4,870]

7 minutes ago, A110 said:

Is your attorney an actual attorney or are they a paralegal/ lawyer outside of the U.S ? I have seen numerous "attornies" who have not passed the bar but somehow pose themselves as attornies to vulnerable communities. Make sure whoever you hire as attorney is skilled in immigration matters and has passed the bar (basic requirements). While the cover letter they provide may look generic it is very important that it covers the legal grounds necessary for your case to be reconsidered for approval. Hiring a bad attorney at this point may do more harm than good, we are not talking about throwing your money in the trash can here,this could jepordize your entire case.

+100

 

@Rosa Garcia you can search lawyer's name using this website https://www.americanbar.org/groups/legal_services/flh-home/flh-bar-directories-and-lawyer-finders/

 

Select state, it will give you directory you can search in each state and tell whether a lawyer is legitimate.

[Lemonslice 4,559]

Unless you are changing employer, you should not need to show anything to your current employer (a few exceptions, if travel out of the country is a current occurrence in your position, for example)

 

Quote

Reverification is never required for U.S. citizens or noncitizen nationals. Reverification is also never required when the following documents expire: U.S. passports, U.S. passport cards, Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards), and List B documents.

Souce: Handbook for Employers M-274

[A110 79]

Before you meet with your ideally new lawyer try to think of all the weak grounds that led to your denial and write them down. Your lawyer can draft a letter addressing those issues, you don't have to let us know and it should stay between you and your lawyer but did you ever:

1. Write somewhere or tell your husband you married him for a GC?
2. Straight up went and lived with someone else after you got the GC?

It sounds like you had very weak evidence and your husband somehow possibly made the situation worse by informing USCIS. The combination of divorce, weak evidence, angry ex and your not so well chosen decision in the lawyer can have dire consequences. Since you cannot fix the divorce your best bet is to fix the other parts. Last but not least, it seems you are somewhat suffering from anxiety which can lead to very poor decision making, if money is not an issue seeking professional help may even help.

Best of Luck

[Rosa Garcia 59]

18 hours ago, A110 said:

Before you meet with your ideally new lawyer try to think of all the weak grounds that led to your denial and write them down. Your lawyer can draft a letter addressing those issues, you don't have to let us know and it should stay between you and your lawyer but did you ever:

1. Write somewhere or tell your husband you married him for a GC?
2. Straight up went and lived with someone else after you got the GC?

It sounds like you had very weak evidence and your husband somehow possibly made the situation worse by informing USCIS. The combination of divorce, weak evidence, angry ex and your not so well chosen decision in the lawyer can have dire consequences. Since you cannot fix the divorce your best bet is to fix the other parts. Last but not least, it seems you are somewhat suffering from anxiety which can lead to very poor decision making, if money is not an issue seeking professional help may even help.

Best of Luck

I had a good job, $43k on my bank account, car, and moved to the states only from love to be with my ex. Never married for a GC.

I never cheated and never left to live with somebody else.

I do suffer from constant nervousness, anxiety, depression after all the accusations and USCIS denial. I'm attending therapy.

I have a question. How does filing I-751 work. Am it really allowed to file again based on the same waiver? Maybe I have to change the waiver to for example hardship? I'm scared if I was denied, they are going to deny me again and all the money, effort, time spend on making the application and waiting next 3 or 4 years may be useless...

 

[Rosa Garcia 59]

On 3/9/2023 at 7:54 PM, OldUser said:

+100

 

@Rosa Garcia you can search lawyer's name using this website https://www.americanbar.org/groups/legal_services/flh-home/flh-bar-directories-and-lawyer-finders/

 

Select state, it will give you directory you can search in each state and tell whether a lawyer is legitimate.

Thank you! The lawyer just suck more and more money from me. When discussing denial I caught her on not knowing about I-290B and she also did not present me other options to take since the denial. She just told me I have to go back to my country because I'm illegal now. 

Edited March 11, 2023 by Rosa Garcia