I-751 Widow Waiver Denied After Interview. Help needed. Thanks

[mindthegap 2,698]

54 minutes ago, WagnerM77 said:

Thank you for your detailed response, I really appreciate you taking the time and I see the legend about your expertise is true. 

 

Urban legend perhaps...thank you for the kind words. Just trying to give something back who are going through the same awfulness. 

 

54 minutes ago, WagnerM77 said:

 

To be honest, I don’t feel confident pursuing the I-290B route. Emotionally and realistically, it seems difficult to expect the same officers to reconsider their own decision, especially given how the original evidence was handled.

 

That is entirely sensible, and consistent with my own views and experiences. 

 

54 minutes ago, WagnerM77 said:

 

Since then, I’ve also obtained additional documentation directly from the Department of Health confirming how amended death certificates are structured under state law, along with proof of the amendment process itself. This gives me stronger explanatory evidence than what was previously submitted.

 

This is the one thing I forgot to post, and actually came back to do when I remembered...and saw you have responded already.

Anything extra is going to help you, even moreso if it is 'official' or notarized.

Like for example, a notarized statement from who filed the original death certificate in error perhaps, saying they made a mistake and once your attention was drawn to it it was recitified immediately. Or as you say, citations/screengrabs from state law, or your communications with official channels requesting an amendment. It won't hurt to dig out anything else you have to include. Don't be afraid to dumb it down, it really does need it in lots of cases unfortunately, it needs spelling out.

 

54 minutes ago, WagnerM77 said:

1 - In your experience, does filing a new I-751 meaningfully reduce or delay the likelihood of an NTA being issued nowadays?

 

 

Yes. When it is originally denied it gets put on a 'hold' and if nothing else is done, then stuff happens. So if you get it in quickly, yes it stops it. Here is a screengrab from one of my own FOIA responses and you can see the boxes they check:

 

I'm over a decade and multiple refiles into this exhausting seemingly never ending I-751 journey, have always refiled within 45 days, and (touch wood!) have not had an NTA to date and the EOIR is still clear, so I think at this point I can say with some confidence that it does delay/kill it. 

Also, even with an NTA pending or issued, you still remain a Lawful Permanent Resident, and are entitled to a stamp as proof of residence, work, travel, and all the other privileges that come with being a LPR. 

 

 

54 minutes ago, WagnerM77 said:

 

 

2- When filing a new I-751 after a denial, do you recommend including the prior denial notice and addressing it directly, or treating it more as a clean submission with improved explanation?

 

 

Probably better to do so in a brief letter, but in all honestly now I really don't bother.

I have before, with letters, pointing out multiple things and referencing prior filings (and receipt #s) and prior denials, and it was largely ignored. It all gets scanned in, but ignored, so I don't even bother re-sending evidence anymore, as they have it all, and I'm not wasting another half rainforest of paper. 

 

However, in your case you probably should do with a brief letter, and also you should specifically mention why it is outside the 90 day window -  even though your (and my own) specific type of filing is never considered 'late' and no excuse is required, it could get inadvertently rejected and sent back if someone doesn't read it properly (seeing a pattern here) and just instantly rejects it for being late without excuse (as a joint filing if sent outside of the specific 90 day period would be). 

 

Note: make sure you do NOT tick the box that says 'are you in removal proceedings?' as without an NTA, you are presently not in removal proceedings. 

 

54 minutes ago, WagnerM77 said:

 

3 - From a technical standpoint, since this isn’t a standard 90-day filing situation, have you seen USCIS process these re-filings normally, or are there specific pitfalls to be aware of?

 

 

Officially, and as per policy, each filing is supposed to be treated on as a separate filing, adjudicated individually, and without prejudice. In reality, they can - and absolutely do - use a prior denial and decisions against you, and with extreme prejudice.

 

It's really a sorry and sad state of affairs, and I'm sorry you are now having to go through this.

Hopefully you get someone who can read for the whole five minutes they spend reading your case before adjudicating. 

 

 

 

Edited 5 hours ago by mindthegap