I-751 accidently got withdrew by USCIS (help!)

[Questionmark 0]

My divorce is currently in progress, as well as my I-751 petition, which I filed jointly with my husband in January 2024. In March of this year, we began divorce proceedings.

 

Last month, I sent a letter to USCIS to formally request a waiver of the joint filing requirement and to inform them that I would submit the final divorce decree once it becomes available.

 

However, this weekend I received an acknowledgment letter from USCIS stating that I had requested to withdraw my petition, which is completely false—I never made such a request.

 

Today, I consulted with two different immigration attorneys, but they each gave me conflicting advice, which has left me unsure about the best next steps.

One advised me to refile I-751.

The other one told me that my case was closed already and my next step is to go to court since the letter stated the following:

”Therefore, in accordance with INA 216, your CPR status is hereby terminated. There is no appeal to the decision. However, you will have the opportunity to seek review of this decision in removal proceedings before an immigration judge. See INA 216(c)(2)(B); and 8 CFR 216.4(a)(6).”

 

I would like to know if anyone here has any advice to offer or has experienced a similar situation.

Thank you.

[OldUser 9,872]

This is very scary and probably NOT a DIY.

 

1) Are you sure the spouse you're divorcing didn't withdraw I-751?

2) You would have been better filing fresh I-751 instead of trying to convert existing one. I recently heard (from well known online lawyer experience), conversion puts people in difficult spot.

3) You should absolutely FOIA everything and also check your A number to see if you're in removal with EOIR - https://acis.eoir.justice.gov/en/

Edited Tuesday at 12:07 AM by OldUser

[Crazy Cat 44,416]

12 minutes ago, Questionmark said:

 

My divorce is currently in progress, as well as my I-751 petition, which I filed jointly with my husband in January 2024. In March of this year, we began divorce proceedings.

 

Last month, I sent a letter to USCIS to formally request a waiver of the joint filing requirement and to inform them that I would submit the final divorce decree once it becomes available.

 

However, this weekend I received an acknowledgment letter from USCIS stating that I had requested to withdraw my petition, which is completely false—I never made such a request.

 

Today, I consulted with two different immigration attorneys, but they each gave me conflicting advice, which has left me unsure about the best next steps.

One advised me to refile I-751.

The other one told me that my case was closed already and my next step is to go to court since the letter stated the following:

”Therefore, in accordance with INA 216, your CPR status is hereby terminated. There is no appeal to the decision. However, you will have the opportunity to seek review of this decision in removal proceedings before an immigration judge. See INA 216(c)(2)(B); and 8 CFR 216.4(a)(6).”

 

I would like to know if anyone here has any advice to offer or has experienced a similar situation.

Thank you.

I would Immediately refile the I-751 as a divorce waiver.  Your status has not been terminated until an immigration judge says so.

[Questionmark 0]

6 minutes ago, OldUser said:

This is very scary and probably NOT a DIY.

 

1) Are you sure the spouse you're divorcing didn't withdraw I-751?

2) You would have been better filing fresh I-751 instead of trying to convert existing one. I recently heard (from well knowb online lawyer experience) this puts people in difficult spot

3) You should absolutely FOIA everything and also check your A number to see if you're in removal with EOIR - https://acis.eoir.justice.gov/en/

I’m sure just because in the letter they said they Received the request from me. 
 

[OldUser 9,872]

2 minutes ago, Questionmark said:

I’m sure just because in the letter they said they Received the request from me. 
 

Your name is mentioned?

Your ex couldn't inact you?

Some spiteful spouses do that.

How's your relationship? Are you divorcing on friendly terms?

Edited Tuesday at 12:15 AM by OldUser

[Yellow.Crane 0]

Loop in @mindthegap, do you think in this case, OP can refile I-751 Waiver?

[OldUser 9,872]

28 minutes ago, Yellow.Crane said:

Loop in @mindthegap, do you think in this case, OP can refile I-751 Waiver?

Step #1 is learn whether OP is in removal as indicated earlier

 

2 hours ago, OldUser said:

check your A number to see if you're in removal with EOIR - https://acis.eoir.justice.gov/en/

 

[Questionmark 0]

Hi, I just checked and I’m not.

[Dashinka 25,844]

I am in the camp of file a new I751 ASAP.  Sure the notices have scary words, and if @mindthegap weighs in they can help explain that.  Sure the current group in the WH is more focused on immigration things, but as already mentioned, only an IJ can take away your GC, and if you have a new I751 in place it will be hard to justify doing that.

 

Good Luck!

[Deagle 511]

Is it a good idea though to file a new I-751 with a divorce waiver if the divorce is not yet finalized? What if the couple reconsider and the divorce never happens?

[Questionmark 0]

26 minutes ago, Deagle said:

Is it a good idea though to file a new I-751 with a divorce waiver if the divorce is not yet finalized? What if the couple reconsider and the divorce never happens?

We are not longer together. And there is no way we will be together. We didn’t end in bad terms. But we can’t be together anymore. There is no couple respect and love anymore

[Rocio0010 5,732]

13 hours ago, OldUser said:

Are you sure the spouse you're divorcing didn't withdraw I-751?

The spouse can't withdraw the 751. They can only withdraw their signature.

[OldUser 9,872]

1 hour ago, Rocio0010 said:

The spouse can't withdraw the 751. They can only withdraw their signature.

I know what you mean, but:

1) Impersonating immigrant spouse happens in bad cases

2) How would joint I-751 continue if spouse withdraws signature? It would be closed AFAIK

 

OP indicated they're on bad terms with ex. Spiteful ex can do a lot of malicious things.

Edited Tuesday at 03:09 PM by OldUser

[mindthegap 2,652]

14 hours ago, Yellow.Crane said:

Loop in @mindthegap, do you think in this case, OP can refile I-751 Waiver?

 

Yes - can, and should. Quickly.

Edited Tuesday at 04:15 PM by mindthegap

[Questionmark 0]

13 minutes ago, mindthegap said:

 

Yes - can, and should. Quickly.

Thank you. I’m still trying to find an Attorney. I have called a few ones but they are all taking their time, and said will call me back between today and tomorrow.