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Everything posted by mindthegap
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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.
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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.
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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.
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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.
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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.
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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]
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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.
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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.
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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.
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Yes. Do they cut the corner of just the photo page (as they do with my passport), or every page?
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An unexpired visa in an expired/cancelled passport is still valid, when presented with a valid passport.
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Travel 1751 Divorce
mindthegap replied to gunnygirl's topic in Removing Conditions on Residency General Discussion
Scaremongering. You are - and remain - a lawful permanent resident, until you file an I-407 (which you won't) or an immigration judge issues you a final order of removal (which isn't going to happen while you are on vacation). You have a valid I-551 stamp, as proof of that permanent residence, and which is sufficient for boarding a carrier to, and re-entering, the US. (note, with a stamp, you often have to have a quick visit to secondary, this is nothing to worry about). They took your card, because it has expired, and the extension letter doesn't extend it any more - my card expired ten years ago, so even though I got an(other) extension last year, it doesn't work with my expired card, because it's too old, which is why I also have to get a stamp every year. The retaining of expired cards when getting stamps is nothing new, nothing to do with the current administration and nothing to do with your status. Those of us who have been posting here a long time, will know that retaining/shredding the card in front of you has been a common thing for years by many officers when getting a stamp. Not all officers, but many. The fearmongering by, frankly, idiots, is out of control, to the extent even I was/am getting spooked by it. If I believed half of my friends, family and the media, next time I visit a USCIS facility I'll be detained by masked ICE operatives, and deported to El Salvador as a suspected member of MS-13, despite being as white as 1980s UK dog poop. Funnily enough, when I visited for a stamp recently, that didn't happen, because I'm a lawful permanent resident. Don't buy into the scaremongering or let it negatively. affect you or your life. And get a better lawyer. -
Please help!!
mindthegap replied to JoshandSarah's topic in Working & Traveling During US Immigration
You can, by changing the GC expiry date by 48 months to correspond to the extension letter expiry. However, thats just to check in and get your boarding pass, there is (or at least, should be) a document check where US documents are verified before you board, even if you never visit the desk with carry on only. -
Please help!!
mindthegap replied to JoshandSarah's topic in Working & Traveling During US Immigration
Legally, you require the extension letter and the expired card. It is, after all, a letter that extends the validity of the expired card, and to the letter of the law you should not be allowed to board without that combination. Sure, some people can and do get away with just the extension letter without the expired card - usually due to airline staff not being entirely familiar with documents - but do not rely on this...that is very much the exception rather than the rule. You will also be subject to a verbal lecture and a visit to secondary at your US POE. There are ways of getting this overridden, such as the airline contacting the RCLG, and getting approval for you to travel with partial documentation, but I would not rely on this either, as you can't do it in advance, and if it doesn't work you are stuck. The simplest (and cheapest) solution here is to have someone send the card to you via a secure, trackable and signature required method, such as FedEx, UPS, or DHL. No customs duties will be due, mark it as 'documents of no commercial value' and do not send without a signature required. If that isn't possible, then you need to visit the embassy for an I-131A - commonly known as a boarding foil - in order to travel back. You can read about that HERE. You will require an appointment, which may or may not be easy, some documentation, and it also costs $575. The other option would be to fly to Canada, or Mexico, and cross at a land border POE. This will not be without a small amount of hassle, and a visit to secondary, but you will be let in. -
If that was the case, then my status has 'hereby been terminated' three times 🙄😂 Your status has not been terminated. Your letter is valid when used in conjunction with your expired card as evidence you are a LPR. The denial letters all have largely the same incorrect wording about your status being terminated, and are factually & legally incorrect. You remain a LPR until you file an I-407 to terminate your own status, or an immigration judge does so with a final order of removal in immigration court, at which point you are no longer a LPR. Up to that point, you remain a LPR, no matter how much USCIS want the opposite to be true. Extension letters are fine for the NY DMV.
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The receipt/extension letter extends the expiry date of the card by 48 months, it is not 48 months from the filing date or receipt date. For most intents and purposes, that original filing is dead, so you no longer need to reference the receipt number, or use the extension letter. It will be the new one you need to use from now on, until 48 months from the expiry of the card. If you need to write an expiry date anywhere, it will be the expiry of the original 2 yr card.
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Yes. Check box 1D, and then in part 4, box 1a, and fill in their details, as that is who petitioned for your permanent residence. They do NOT need to sign part 8 if you are submitting this with the divorce waiver box checked - they have no involvement in the submission of this form as a solo filing and do not need to sign it.
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You do not need an attorney to file a second I-751, and certainly not the second one you spoke to who advised you to wait until court - that one is a clown show. There is no special filing to do, it's a regular filing, same form, same documents (which you can submit later), just a different box checked. Worry about the errors they did with this cancellation later, and you can sort an attorney later if necessary. Just get one filed ASAP and get that receipt.
