I751 Denied but valid infostamp stamping

[paco5 3]

Hi all

 

I filed i751 May 2021 with the divorce waiver and left USA to my home country in august 2023 with the info pass stamping valid till July 2024 , now my i751 got denied last week with the reason that I left USA for the long time and I booked a ticket for this Sunday to return to USA.

 

If anyone knows please tell me if I can travel back to USA with the valid stamping even though my i751 got denied?I called the USCIS customer service she said the tier 2 officer will call me back with in 72 hours but I don't have much time.

 

Thanks in advance,

A.

[Crazy Cat 39,530]

28 minutes ago, paco5 said:

Hi all

 

I filed i751 May 2021 with the divorce waiver and left USA to my home country in august 2023 with the info pass stamping valid till July 2024 , now my i751 got denied last week with the reason that I left USA for the long time and I booked a ticket for this Sunday to return to USA.

 

If anyone knows please tell me if I can travel back to USA with the valid stamping even though my i751 got denied?I called the USCIS customer service she said the tier 2 officer will call me back with in 72 hours but I don't have much time.

 

Thanks in advance,

A.

You need a good attorney.....fast!! Imho,  If you travel to the US, you could be either allowed in, paroled in or possibly detained.  Regardless, a Notice To Appear is in your future.  I'm not sure that ADIT stamp is even valid now.  A stamp is evidence of status, not status, itself. Please keep us updated.

Edited April 30 by Crazy Cat

[paco5 3]

15 minutes ago, Crazy Cat said:

You need a good attorney.....fast!! Imho,  If you travel to the US, you could be either allowed in, paroled in or possibly detained.  Regardless, a Notice To Appear is in your future.  I'm not sure that ADIT stamp is even valid now.  A stamp is evidence of status, not status, itself. Please keep us updated.

Thank you crazycat, I'm searching for an attorney now. If you know any good attorney could you refer ? 

[mindthegap 2,543]

The stamp will still be valid until expiry.

Regardless of the scary denial letter, in law you remain a LPR until an immigration judge says otherwise (with a final order of removal) and you are entitled to a hearing with an immigration judge before that happens.

If you were denied last week it is highly unlikely an NTA has been issued already, and zero chance a hearing has been held in abstentia on that timescale. So you can relax..a bit. 

 

So, you are good to board and travel, and with a stamp you will have the customary slightly annoying but polite visit to secondary to verify your status once you land. 

I've done it myself many, many times with a stamp after denial... with the slight caveat that I've only travelled after refiling and having a new receipt number in the system.

I've never travelled after denial but before refiling. 

Now, in your situation, they should stamp you in as as normal (which would be stamped ARC or LPR), but what should happen, and what does happen may be different. Whether they do that or parole you in I'm honestly not sure. 

 

Please update us as as to what happens, as info for an entry under these circumstances is seriously lacking, and I can add it to my bible which will help many, many, others (including myself). 

 

 

 

You also need to go to the EOIR site HERE and stick your A# in and see if anything shows up. Please post back the results of this asap. 

 

 

Also, an I-751 denial has little to do with excess periods out of the US, and that is very odd if it was denied on that basis alone. That would be dealt with very differently. Can you post the exact wording of the denial letter (or a photo, redacted of course)?

Edited April 30 by mindthegap

[Family 3,545]

Do not call USCIS, nor talk to them . There is no lifeline or help they will  give you…personally I believe calling will hurt you.

I would be scrambling to prepare a barebones I-290 B and get it filed from the US ( by a friend or attorney) before getting on the plane….but let’s see what happens on Sunday .

 

There is no way they denied because they tracked down your departure of August 2023 ..upload a copy of redacted decision .

 

 

[Aeroplane 5]

Wait a minute, I thought they will send you 48 months of extension letter once you apply for I-751 and it’s valid for with your expired GC. What is the stamp thingy? 

[wildbug100420 70]

1 hour ago, Aeroplane said:

Wait a minute, I thought they will send you 48 months of extension letter once you apply for I-751 and it’s valid for with your expired GC. What is the stamp thingy? 

You only get the letter if the 751 is applicable. Merely filing the form doesn't guide that it would be approved 

[wildbug100420 70]

21 minutes ago, wildbug100420 said:

You only get the letter if the 751 is applicable. Merely filing the form doesn't guide that it would be approved 

^^

 

Meant to say if 751 is approved, filing doesn't guarantee approval. 

[Family 3,545]

1 hour ago, Aeroplane said:

Wait a minute, I thought they will send you 48 months of extension letter once you apply for I-751 and it’s valid for with your expired GC. What is the stamp thingy? 

Stamp thingy is pretty cool ..get one. 

 

https://www.uscis.gov/i-9-central/fo
What will this receipt look like?

On the "delivery" Form I-94 with ADIT stamp, the LPR's printed photo is located at the top right portion of the Form I-94. Alternately, the photo on a "in person" Form I-94 ADIT stamp is affixed to the top left portion of the Form I-94. Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes. The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo.

How is this document treated for employment eligibility verification purposes?

This document is an acceptable List A receipt for Form I-551, Permanent Resident Card.

What if the LPR has issues with the delivery or use of this document?

For questions or concerns about the request for, use of, or status of a request for a Form I-94 with a with ADIT (temporary I-551) stamp, call the USCIS Contact Center at 800-375-5283 or 800-767-1833 (TDD for the hearing impaired).

[OldUser 5,052]

2 hours ago, Aeroplane said:

Wait a minute, I thought they will send you 48 months of extension letter once you apply for I-751 and it’s valid for with your expired GC. What is the stamp thingy? 

When OP applied in 2021 the extension letters were either 18 or 24 months. So once it expires, you need to get a stamp.

[paco5 3]

9 hours ago, mindthegap said:

The stamp will still be valid until expiry.

Regardless of the scary denial letter, in law you remain a LPR until an immigration judge says otherwise (with a final order of removal) and you are entitled to a hearing with an immigration judge before that happens.

If you were denied last week it is highly unlikely an NTA has been issued already, and zero chance a hearing has been held in abstentia on that timescale. So you can relax..a bit. 

 

So, you are good to board and travel, and with a stamp you will have the customary slightly annoying but polite visit to secondary to verify your status once you land. 

I've done it myself many, many times with a stamp after denial... with the slight caveat that I've only travelled after refiling and having a new receipt number in the system.

I've never travelled after denial but before refiling. 

Now, in your situation, they should stamp you in as as normal (which would be stamped ARC or LPR), but what should happen, and what does happen may be different. Whether they do that or parole you in I'm honestly not sure. 

 

Please update us as as to what happens, as info for an entry under these circumstances is seriously lacking, and I can add it to my bible which will help many, many, others (including myself). 

 

 

 

You also need to go to the EOIR site HERE and stick your A# in and see if anything shows up. Please post back the results of this asap. 

 

 

Also, an I-751 denial has little to do with excess periods out of the US, and that is very odd if it was denied on that basis alone. That would be dealt with very differently. Can you post the exact wording of the denial letter (or a photo, redacted of course)?

Hi @mindthegap thank you for your response,are you saying you did entered back to US with the valid stamping and the denied i751 but you applied a new i751 before you enter ? I attached my denied i751 for your reference, thanks to everyone who is responding.

[paco5 3]

5 hours ago, Family said:

Do not call USCIS, nor talk to them . There is no lifeline or help they will  give you…personally I believe calling will hurt you.

I would be scrambling to prepare a barebones I-290 B and get it filed from the US ( by a friend or attorney) before getting on the plane….but let’s see what happens on Sunday .

 

There is no way they denied because they tracked down your departure of August 2023 ..upload a copy of redacted decision .

 

 

Hi @Family I'm trying to prepare i290 B in the 30 day window but not sure if I can do it before this sunday, either i have to change my flight date or travel on sunday, thank you. 

 

[Dashinka 23,350]

5 hours ago, paco5 said:

Hi @Family I'm trying to prepare i290 B in the 30 day window but not sure if I can do it before this sunday, either i have to change my flight date or travel on sunday, thank you. 

 

Honestly, I would just do a new I751 filing then going the I290B route (others may know better).  If you still have a valid address in the US and have filed 2023 taxes before April 15, you can add that as evidence of maintaining your LPR status.  I agree with @mindthegap, it is rare that an I751 is deemed abandoned with less than a year outside the US.  I would consult a lawyer when you get back.  Maybe try getting on Hacking.

 

Good Luck!

[paco5 3]

34 minutes ago, Dashinka said:

Honestly, I would just do a new I751 filing then going the I290B route (others may know better).  If you still have a valid address in the US and have filed 2023 taxes before April 15, you can add that as evidence of maintaining your LPR status.  I agree with @mindthegap, it is rare that an I751 is deemed abandoned with less than a year outside the US.  I would consult a lawyer when you get back.  Maybe try getting on Hacking.

 

Good Luck!

Hi @Dashinka yes I filled the tax for 2023 and im outside US now, i have a address in US where i I get mails , my question is if I file new i751 will i get a 1 or 2 year extension letter and how long it takes for that letter and then I can travel back to US right ? Because now I don't know if I can enter US since now with my i751 got denied even though I have a valid info pass till july, Thank you for your time.

Edited May 1 by paco5

[Dashinka 23,350]

29 minutes ago, paco5 said:

Hi @Dashinka yes I filled the tax for 2023 and im outside US now, i have a address in US where i I get mails , my question is if I file new i751 will i get a 1 or 2 year extension letter and how long it takes for that letter and then I can travel back to US right ? Because now I don't know if I can enter US since now with my i751 got denied even though I have a valid info pass till july, Thank you for your time.

I believe they are now giving out 48 month extension letters which you should get with a new filing, and with that and your expired CGC you should be fine for travel.