mindthegap

Urban legend perhaps...thank you for the kind words. Just trying to give something back who are going through the same awfulness. That is entirely sensible, and consistent with my own views and experiences. 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. 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. 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. 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.

No worries, I've only just seen this. I'm sorry for your loss. This is the last thing you need to be dealing with after that, but for them to have compassion would require them to have a soul. Honestly, they just haven't looked at the documents properly. I'm convinced they don't give more than a cursory glance at anything whatsoever, as my own experience can attest to - thousands of pages submitted neatly ordered, sorted into sections, highlighted and labelled, and they list them as not present, or a list of submitted documents for an RFE or last I-751 that has no relation to what was actually sent at that time. It's a clown circus, and, unfortunately, you now find yourself at the mercy of those clowns, who now they have 'denial' in their heads, are hard to shift from that view. If they also have it in their minds that there is any kind of fraud, you are in an even bigger mess, as I can also attest to...that is one bone they simply will not drop. The problem with an I-290B is it not an appeal - it is a motion to re-open, or reconsider, and there are only two very narrow grounds it applies to. For a motion to reopen, you must present documents or evidence that were not submitted or available at the time that would have made a difference to the decision. For a motion to reconsider, you have to prove that their original decision was based on an incorrect application of law or policy, and exactly why & how it was not applied correctly by them. You also have to show that the original decision was incorrect based on the evidence originally submitted You could argue that them looking at the death certificate properly would have made a difference originally and the first scenario of motion to re-open would apply, but they may just deny not reviewing it properly (even though they stated it as the denial reason, they simply do not care). Both options for an I-290B are an uphill battle, and of course remember that with an I-290B, they are also (re-)marking their own homework. If I was in your situation, knowing what I have experienced with them, I'd just be re-filing a fresh I-751 from scratch, sending the same documents, but drawing very obvious and explicit and attention to the amendments on the death certificate on page 2 - perhaps a giant zoomed-in version, or perhaps one printed in braille to assist them. But thats me, and I'm a sarcastic MF who is sick of over a decade of their carp, and I don't care if they dislike me, I'd just like them to do their damn job properly. But I'm not your lawyer, so I can't make that decision for you. There is also nothing to stop you filing an I-290B AND a fresh I-751 at the same time. It may ultimately end up in court, but do remember that you remain a permanent resident until a final order by an immigration judge, and are entitled to due process. That is a long way away, so concentrate on the now, and getting that I-751 and/or I-290B in sooner rather than later. You now have an uphill battle, and I'm sorry you have to deal with this. Do keep us (or me) posted.

With a current pending I-751 and a current valid stamp, you are fine to travel. You will have to visit secondary briefly on your return for them to verify your stamp and status, but legally you can travel. Take that from someone with direct and current experience of this. It actually is. There is no regulatory or legal limit on the number of I-751s that can be filed, and they can be filed concurrently should you wish... and that does have a real life practical benefit in some narrow circumstances.

Is your divorce final, or will it be final by the time your interview is scheduled?

Read the I-751 instructions - you can file a solo I-751 - ie, one that does not require her signature - at any time. It does not have to be in the 90 day window. So, you can either file it 'late' (although solo petitions are never considered as 'late', for the reason above) and risk the issues that comes with.... or file at the last minute at the end of the 90 day window right before expiry and hope & pray that your divorce is final before the RFE for proof of divorce arrives and the subsequent RFE deadline expires. I mean, if that wasn't to happen in time, you could refile anyway, so it's an extra step, but achieves the same aim. . Don't stress too much.

Unless it has changed, I don't believe they issue duplicates, which means you'll need a passport stamp. If so, suggest applying for one ASAP as it is usually a hassle to get one. Also, remember that your card is valid until expiry for travel by itself....it's only after the expiry date you need the letter to accompany it. Note that the original receipt/extension letter may be visible and downloadable in your online account, but the original is watermarked, so I wouldn't want to be trying to use a self printed version.

He wrote CWOP - 'cancelled without prejudice' , which is the same that has been written over many of my I-551 stamps when I've got new ones before the old ones expire (or, in several cases, where they have screwed them up and had to redo them). L'example: They also write 'VOID' sometimes too. Either way, nothing to worry about. FWIW, I never had that written through my CR-1 visa, and I also have plenty of stamps that have expired and haven't been written through.

Yes, multiple times this year, and I was out of the country when I was tagged in this post, hence the delay in response. You remain a lawful permanent resident, despite the prevailing media and idiot scaremongering that prevails, and nothing whatsoever in law has changed that affects you in your present situation. As you have filed a new I-751, when you receive the new receipt, note that that new receipt extends the validity of your expiry date of your card by 48 months from the card expiry date, and not by 48 months from the receipt date of the extension letter, so the latest your expired card be used with a current I-751 filing receipt for re-entry, will be 48 months from that expiry date. Check & note down your dates very carefully, and continue to use the new extension letter in conjunction with the expired card for as long as you can. After that it is stamp city, which comes with the hassle of 1) renewing the stamp every year, which, and I'm not going to lie, is a pain, and 2) a quick visit to secondary every time you re-enter the US to verify, which isn't bad and is efficient, procedural, and cordial. Honestly, even re-entering during the shutdown, the permanent resident line was a fairly grumbly 30 mins to get through, yet secondary was still just 5 mins. I have never waited more than a couple of mins at secondary for verification, usually when a US citizen or a minor is in there, as they get put to the front of the line before permanent residents, and permanent residents get seen before visitors/others. Given it is just a couple of piece of paper it wouldn't hurt to travel with your I-290B receipts, and your prior receipt and denial letter, given that it does't take much space, but there is no need to produce them really at any time as it'll just confuse things, just stick to the main current I-751 receipt and you are golden. I used to travel with a whole host of prior paperwork, and now I don't, but you do you. Once you have that refiled I-751 receipt, you are unambiguously in status as long as you have the expired card and new receipt/extension with you. Use that for travel and just eave the I290B to rumble along in the background.

In actual fact it is the opposite. There is a requirement to interview for I-751, which is why you receive a denial if you no-show for a scheduled interview. Same as the provision requiring both spouses to appear for interview for a joint filing, and a denial coming if the immigrant's spouse doesn't show up for it (unless it is switched to a waiver at that time). However, concurrently, there does exist a provision to waive the interview if certain conditions of the filing/case are met - actually, rather better phrased as if certain conditions don't exist. This is why the majority of people don't receive an interview and are approved without one. Unfortunately in my case, some of those aspects do exist - although, ironically, largely through USCIS' actions - so in my case, it shouldn't be waived. Anyway, this is hijacking the OPs thread somewhat. Please do keep us updated.

Yeah, but (setting aside me, but in the case for others) if you take into account the usual timescales for an I-751, and it should be way longer than an N-400, so an N-400 interview being scheduled, should usually result in a combo interview, as they don't delay N-400s for the I-751. There is another document I have - somewhere - clarifying this specifically in procedure form. Back to me, and for various, multiple, reasons - as per other things in their policy manual - they were required to give me 1) an interview, and 2) an opportunity to rebut derogatory information, so that interview scheduled for me should have been a combo. They should never have denied me without an interview....but that hasn't stopped them multiple times before, so why would they not. They simply do not care and are accountable to no-one. Honestly, in the grand scheme of things that have gone wrong it not being a combo interview it's so minor as to be insignificant. However, the other violations of their own policy they will - eventually - have to answer for.

Somewhere in my millions of pages of documents. Edit - Here is an example: Policy Manual Vol 6, part 1, chapter 3 https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3 E. CPRs with Pending Naturalization Applications Because of differences in processing times between the Form I-751 and the Application for Naturalization (Form N-400) and because CPRs are eligible to apply for naturalization (if otherwise eligible),[38] there may be instances when a CPR applies for naturalization while the CPR’s Form I-751 is still pending. If the CPR has a pending Form N-400, USCIS adjudicates the Form I-751 before or at the same time as the Form N-400. In most cases, CPRs must have an approved Form I-751 before USCIS may naturalize them. However, there are limited circumstances in which the CPR is not required to file a Form I-751 before naturalizing.[39]

Well yes, thats exactly it. I'll give you an example, of the many I have: my second to last denial, I had an N400 filed, and an interview scheduled. As per policy, they are supposed to interview and adjudicate any pending I-751 together at the same time, as a 'combo' interview. Instead, they denied the I-751 without interview (again), and I did the N-400 interview, tests (which I passed), and then denied the N-400 on the basis of my 'not being a permanent resident' (because they had denied the I-751). Just a clucking clown show and one of many procedural errors they have made, contradicting both their own damn policies, and indeed, the law.

Sorry, was traveling overseas and didn't see this. Cut your losses and refile a fresh I-751, and then a fresh N-400 which will hopefully speed it up. Sure, an I290B may work in your favour, but it's an unkown time frame, has a very narrow specific criteria and application, and costs pretty much the same as a fresh I-751 off the bat (and thats before any lawyer to prepare the motion), which you ultimately may end up paying for the fresh I-751 anyway if the I-290B doesn't work. The new I-751 is also a known quantity regarding absolutely still being in status vs the I290B which I can't comment on definitively in that regard. Take it from me, you are fighting a losing battle trying to get these clowns to admit they have made an error, or multiple errors. Just do the I-751 then an N-400. It'll be easier and cheaper in the long run and less stressful.

Without a timeline it is hard to really give accurate advice in some respects...but taking what you typed as accurate, meaning CR-1 issued end of september 2023 means it expires, er, now or in the next couple of days.... meaning get your butt to the airport now and get on a plane before it expires. You may get some pushback at your POE. Just be honest. Do not sign anything - you may be given an I-407 to relinquish your status, which you must refuse. You may be given an NTA, and if you get paroled in so be it, it's easier to sort form the inside rather than the outside. If your card has already expired, then file an I-751 now (it can be mailed from overseas, it simply must have a US mailing address on the form to be accepted), with a note asking to excuse the late filing, then get the receipt forwarded to you from the US and get on the first plane once you have it. Abandonment has many aspects and the burden of proof requires many things - that you maintained 'significant ties' to the US will help you, but that you were out continuously for over a year will count against you. On the other hand, a terminal family member could be soncidered a valid life reason for an extended absense. Honestly, you can sort that out later - just get back to the US now. This is one of those 'do not pass go, do not collect $200' situations, and it beholds you to act swiftly... Take it from someone going through the rigmarole of a messed up I-751 case - you really do not want it to happen to you. Get to the airport.

Yes