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mindthegap

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mindthegap last won the day on May 29

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About mindthegap

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  • Member # 141329

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    Naturalization (pending)
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  1. Old system. Doesn't work that way anymore - you have to phone and await a call back.
  2. Has he tried fulfilling the I-9 requirements by other means? A valid state license and an unrestricted social security card will suffice....read the I-9 form itself and the list of B+C documents on it. Regarding the stamp, yes the new system is atrocious (and worse than the old one, which was bad enough) and not fit for purpose....but unless you fancy trying a walk-in (limited success in most places, and a load of attitude to boot) all you can do is keep trying for the call back. Just remember that the proof of status expires, and not the status itself. Might want to point out to his employer the very prominent notice at the top of the I-9 form instructions regarding anti-discrimination - https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf "The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination."
  3. "D. Multiple Filings There are no regulatory limitations on how many times a CPR may file an I-751 petition. For example, a CPR who initially files a jointly filed I-751 petition may subsequently file an I-751 waiver request Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions Additions to Adjudicator’s Field Manual, Chapter 25.1(g)(6) and 25.1(h)(4) and Appendix XXXX (AFM Update AD09-48) petition. However, if an ISO encounters a subsequent I-751 petition that is appears identical to a previously denied petition, the ISO will defer to the previous decision and will review the new petition for additional evidence that may overcome the previous basis for denial." Plus more contained in here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static Files Memoranda/Adjudication of Form I-751100909.pdf I have other relevant documents scattered about the place also.
  4. Nope. You will have no involvement in the waiver filing as it does not include you. Nope Not can. MUST. It won't. No. It doesn't work that way. They will stay (pause) it again. I will dig out the relevant legalese when I am home for you.
  5. @geowrian is correct. USCIS denial letters are just basically intent to deny letters that have no legal basis for stripping of ones LPR status. The LPR remains a LPR until a final order of removal (should one be made) by an immigration judge. They are entitled to an I-551 stamp and to work, travel, and all other LPR rights until such time as a final order of removal is made. Source: direct personal experience. There is no limit on how many I-751s can be filed, and they ALL must be adjudicated (by USCIS) before any court proceedings can continue, or conclude. The LPR can file an I-290B within 30 days, but this is not a general catch all appeals process - it is generally when you are requesting that they reconsider because the decision was made by the incorrect application of law or policy, or that the law has not been followed, based on the evidence at the time. You can request it is re-opened citing new evidence, or you cn straight up enter a statement of appeal, citing the specific incorrect application of law or fact. I didn't bother, as I-290Bs cost the same new I-751s, have a poor success rate, and i would have probably ended up having to file a new I-751 (at further cost anyway, which is what I did. It is simply because 'good faith' is the whole basis for an I-751. It wasn't completed, the co-sponsor aspect was withdrawn, so it was denied due to being able to demonstrate the good faith (and other parts) of the I-751. Nothing more - you are reading way too much into it. I believe my denial letter from USCIS also mentioned failure to prove good faith in the same way, when that (and the evidence provided) was about as far from the truth as possible and not the reason for denial in anyway. Thanks Long story made short: Filed I-751 jointly in early - ish 2015. Separated late 2015 due to their infidelity and a substance abuse problem that would keep pablo escobar in business. Got an interview (well, several that didn't happen, but eventually got in the office for one). Requested switch to divorce waiver at start of interview, done without issue. Went through evidence, including adding further evidence between I-751 filing and separation. Just over a month later, get a letter through stating the I-751 was going to be denied. It stated that although I had switched to a divorce waiver, my ex spouse had contacted USCIS on [specific date & location] with an (entirely and provably false) allegation regarding the filing of the original I-751, withdrawing from the joint aspect of it, and on that basis, as they stated it was not properly filed in the first place, it was denied. That was all. It didn't mention everything that was stated by my ex spouse, just one thing, which was the basis for the denial of the original underlying filing. Within a couple of days I had filed a fresh I-751 with divorce waiver, enclosing basically no evidence, but with a cover note stating all evidence from the original filing was relevant to this one and to reference it. New extension received, new biometrics done, new stamps in passport....same I-551 stamps as normal, except annotated TC-1 (which means "spouse of U.S. citizen, conditional status denied or reopened" so I have to go to secondary for verification every single time I re-enter the country). No NTA ever appeared, no pending or missed proceedings showing on automated phone line, and I can only guess that this is because I filed a fresh I-751 immediately, staving off any movement to further proceedings. I'm still going through this hell - 4.5 years since original joint filing, over two years since denial and solo re-filing, not far off two years since filing my N-400, and now 9 months since my N-400 interview was cancelled on the day, due to my still pending I-751 and that they didn't have all the paperwork in the office (which is a lie, as there was a transfer listed in my case history). Ombudsman refused to help. Senator tried and could get no movement - basically stuck in limbo. Happy to answer any questions as I have unfortunately more experience than I should (or would like to have!) in this area but as a result know a fair bit of the legal-ese to do with it.
  6. Sure. I wasn't tagged in that so didn't see it - will look now.
  7. On a second look you are correct.....but the broader point still stands - it it not a notice of deportation as the OP thought it was.
  8. Wrong. Also wrong You are correct that a case can be denied because of failure to respond to an RFE. However, if this is due to their error, or mail not received, this can be re-opened by USCIS. It happens more than you think, due to their flaky systems. A denial in no way equals automatic deportation or loss of status. You are a LPR, and entitled to a hearing with an immigration judge, who is the only person who can terminate your LPR status, despite what you may read. It goes; letter informing of denial citing the sections of INA relevant to your case -> NTA (notice to appear) -> hearing -> final order of removal. At any time, including during or between any of those steps, you can file a new I-751, or multiple I-751s, which must be adjudicated by USCIS before any hearing can commence or continue. You have the extension letter, you have done the biometrics, so at the moment your case is fine. So, electronically file an I-90 for a change of address, THEN update the address within my USCIS, and THEN call the mis-information line to confirm the change. You should then receive confirmation via email and mail of this change (which is your proof should it be sent to an old address or something). Then there is nothing you can do, but to wait for an RFE (if any ever appears), or an interview (if one ever gets scheduled), or approval. If I had one piece of advice I have learnt during my continuing USCIS sponsored extended nightmare, it is not to stress over stuff you have no control over, and deal with it if and when it happens. Otherwise, it will drive you insane. You can't control if USCIS will send an RFE. You can't control when they will send you an RFE. So don't stress over it. Make sure your details are up to date, and then just wait.
  9. Would have to apply for an ESTA which would mean lying, and it may not be approved. Alternative would be to fly to, say, toronto, and enter via a land border, which does not require an ESTA. Yes - ten year cards only not two year conditional cards. VWP country has nothing to do with it. Page 28
  10. Yes - you need the original (it is watermarked) in conjunction with your expired card and passport, so get it sent over to you. Also, if you are divorced you should have filed with the divorce waiver box ticked and enclosed a copy of your divorce decree - you are going to have problems down the line because you didn't. How did you file jointly without your original sponsor signing the form?
  11. This. Notice To Appear, and Immigration Judge. This is not a notice of deportation. This is a (non-legally binding) notice of termination by USCIS - It would then have to go to court for a hearing and final order of removal. At this time he technically remains a LPR (lawful permanent resident). He can still file an I-751, even late, and if he gets a laywer will be advised to. Are you still married?
  12. Yes License expiry date will be normal - there will be a date next to the tmp vistor date which will be the date your current proof of status (ie, your extension letter) expires - your license does not expire on this date.
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