mindthegap

2 minutes ago, GiorgioITA said:

unbelievable.. my N-400 application was answered and an interview date is in place, but my i290b petition is still pending....

It happens.

I had my N-400 interview a week after one of my I-751 denials was sent to me...

They will do the interview, you will pass the tests, and they will give you a piece of paper saying 'a decision could not be made at this time'. What will probably happen then it that they will write to you, denying the n-400 because 'you are not a permanent resident' (which was the reason given to me) even though, legally, that is not accurate as you have not had a hearing with an immigration judge and a final order of removal terminating your status. 

You didn't really think this through.

Because you did the AR-11 before filing, when the I-751 gets logged, the address on the form will be the newest - and current - address on their systems... so the receipt will go to the old address. 

If the I-751 gets returned (payment denied or forgotten to sign or something).. it will also go to the old address. 

You simply caculate an additional 48 months onto the expiry date of your card, and that is now the expiry date you put in.  

Unfortunately they don't issue 120 month extension letters, so my expiry date is now whenever my current stamp expires - I have to explain this every single time to check in agents and sometimes they have to double check with their supervisors that that is the correct procedure.. It's not an issue, just takes a few minutes. 

As for not bothering and just doing it at the desk, some airlines won't allow you to check in (or select a seat) until you have put in the info, so it is helpful to know how to be able to do it.

A permanent resident card - whether unexpired or expired - IS an I-551

To quote Alonzo (Denzel Washington) in training day:

If you go for the cruelty waiver, you have to prove it. This is nothing new. 

As possibly ridiculous as that sounds - & being contrary to - in the age of 'believe all victims', and when combined with the fact that many forms of abuse are not even really documentable as they aren't physical (believe me, I can attest to this), it remains the case with regards to immigration law and USCIS policy.

You were denied as a result of not providing documents proving this, and not producing what they asked for with the RFE.

Now, what constitutes 'proof' is entirely subjective of course.., but proving someone is a terrible spouse does not prove they were abusive. 

Would suggest you get rid of that lawyer too, if they did not give you correct information regarding the RFE or follow your instructions in response to it. 

No

4 minutes ago, RobertHopkins said:

Okay thank you. I wasn’t sure because what if the receipt comes while I’m abroad even though like you said my card doesn’t expire till 23:59 on expiry date.

That isn't an issue.

What *might* be an issue is filing as soon as your 90 day window opens and a biometrics appointment arriving while you are out of the country and you missing it. In your circumstances I would be be mailing the I-751 right before I travelled, so the receipt/extension is waiting in your mailbox upon your return, and you are minimising the risk of a biometrics appoinment arriving - or worse, being scheduled for - while you are away. 

Yes. The 2yr card is valid by itself for travel to the US and for entry until 23:59 on the expiry date printed on it.

10 hours ago, OldUser said:

Yes pretty much. This is why overcoming I-751 denial is so important.

And, unfortunately, really ******* difficult, even with clear facts, witnesses, statements, and the actual freakin' law on your side. 

On 10/25/2024 at 9:12 PM, lemurianelf said:

No it wasnt on target.  Telling me to get ready for deportation because I missed an appointment is not on target, not accurate and not helpful. It was easy peasy to reschedule and to walk into an office I wasnt assigned to. Zero problem. No one tried to deport me. Maybe before giving advice that could cause someone to panic and have a heart attack, inform yourself and know what youre talking about.

Well, @OldUser said "Worst case you can be denied and being prepared to be placed in removal proceedings" which IS accurate.

Legally, they can - and do - regularly deny cases for missing a biometrics. USCIS are horrendous at rescheduling these things, and it isn't uncommon at all. 

They also specifically said worst case, and removal proceedings, which is an entire process that is initiated upon a denial, and not some sort of instant deportation. 

It was helpful. Just because you don't like what you hear, and the possible consequences of your actions (yes, you were travelling, but the legal onus as a USCIS applicant and a resident alien is squarely on you to be informed of your status and any appointments pretty much at all times) doesn't invalidate the comment at all. 

[Edit] - I just noticed this is a couple of month old thread that has been bumped by someone in the same situation. My comment still stands though.

Do a walk-in. Now. Tomorrow. Monday. First thing, last thing, whenever, just do it as soon as possible, and definitely do it before you leave the country.

Take your appointment letter as it has a barcode the need to scan. You can't do a walk in without an appointment, but you can - at their discretion - do it with an appointment on a different date. source: done it  myself multiple times. 

If you don't they will - in all probability - issue a denial, as per policy. Don't take everything USCIS tell you as gospel - they lie (frequently), and are also wrong (frequently) about their own policy, and the law. 

Yes, yes, you can refile if denied, but it is a pain in the butt as you still have the prior denial to deal with concurrently (as I know only too well).

Yes, you can board a flight to & re-enter the US with your expired card AND the extension letter/receipt. 

46 minutes ago, RM1996 said:

 wildbug100420 is saying i cannot re-enter the USA with my 48-month extension letter?? 

Because they are talking rubbish....

You are, and remain, a permanent resident, and have a valid 48 month extension letter to accompany your expired card. 

No.

For a start, mine only exists in stamp form in my foreign passport, which would be utterly stupid & impractical to have with me at all times. 

I have a photo on my phone of the expired card, the current & expired extension letters, and current & expired stamps. They are all also securely uploaded to dropbox.

I also have a valid real ID.

I feel that, despite the wailing and scaremongering, "Ihre Papiere, bitte" or similar is unlikely to become commonplace in the US....

9 minutes ago, glass8578 said:

Do you think it’ll be more insurance if I go and get a stamp like you did after the refile?

No. Not to mention they won't even give you a stamp if you have a still valid extension letter. 

17 hours ago, glass8578 said:

You mentioned you have to get a stamp now - have you done it already?

Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year.

It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. 

If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo.

17 hours ago, glass8578 said:

If so did USCIS give it to you while you have a denied I751 and confirmed that travel is ok? 

Yes, and yes. 

I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. 

17 hours ago, glass8578 said:

Sorry if I'm asking too specifically since I want to see if USCIS itself has indicated that a newly filed I751 and new green card extension overrides the previous denial.

Understandable. The law is clear.

Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.

Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. 

But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point. 

30 minutes ago, glass8578 said:

Have you had similar situation and done it before? 

Yes. FOUR times (although I have to get a stamp now because my physical card expired way more than 48 months ago, but same principal). I travel frequently out and back in. 

30 minutes ago, glass8578 said:

 To me logically the new extension letter should put my LPR status back in good standing but I'm not 100% certain since the extension letter says "this extension and authorization for employment and travel does not apply to you if your conditional permanent resident status has been terminated". 

Your status has not been terminated.

30 minutes ago, glass8578 said:

And the denial letter for the first I751 did say it's terminated. 

USCIS lie. A lot. And their scary denial letters are not legally accurate either.

You remain a LPR until an immigration judge issues a final order of removal, at which point you are no longer a LPR. 

You have a valid pending I-751, you have a valid extension letter, you have not had a final order of removal terminating your LPR status = you are 100000% ok to travel without any negative consequences. 

Yes.

3 minutes ago, A1987WA said:

 Also I heard you can only file I-751 if USCIS does not issue NTA. 

That is not correct.

On 10/12/2024 at 12:29 PM, A1987WA said:

 If FDNS worked on my profile, I do not think they would find anything derogatory other than my ex and some family members remarks. 

That is all it takes...unfortunately. 

On 10/12/2024 at 12:46 PM, A1987WA said:

 If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

I also included marriage counselling documentation in amongst my 5000+ page last submission. Ignored.

Now you are getting it...and how the mind of these morons works. It isn't fair, it is subjective, and once they have their mind made up, thats it.

I have four I-751 filings to back that up.

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?

Yes. 

1. Is there chance to get approval (751) after 2 denials and with issued NTA?

Is there a chance? Yes. Will it happen? Unlikely.

Once USCIS are fixated on something and prejudiced about some aspect of your case, it is unlikely they will change their minds, as I unfortunately know only too well. 

1. Can I apply for citizenship while my 751 pending if I have NTA notice

Yes. But file it with the understanding that it may well be denied (even after your N-400 interview) when they deny the new I-751 filing. If they don't deny the new I-751, then the N-400 would be approved. 

5 hours ago, Adam1990 said:

I dont need to pay the I-751 filing fee again do I?

No.

A simple letter stating you are divorced and wish to convert your existing joint filing to a divorce waiver filing is sufficient.

As others have alluded to, timing is a bit crucial here - if you notify them too soon, before you are divorced, you will get RFE'd for the final divorce, which you can't provide until you are divorced...which would mean a denial, and having to refile.

If you leave it too late, you run the risk of being approved without notifying them of divorce.

Get the divorce underway, then notify them when you are sure that the final divorce is imminent and have some sort of known timescale. You are doing nothing wrong by doing this -  legally you are married, or divorced, and there is no 'pending' status box. 

11 hours ago, Renato D said:

Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)?

 

no, no, and no. Do not do this. You do not need to. 
 

11 hours ago, Renato D said:

What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?

 

No. You have a valid extension letter because your card expired less than 48 months ago. You are good to go. 
They wont even issue you with a stamp in your situation. 

10 hours ago, Renato D said:

If "every CBP officer has some individual discretion", do I depend on his mood on that day to allow me to enter the country?

So the decision is not based on what the extesion notice/letter states?

 

My wife wants to be 100%, and is understandable if anything happens!!

The officers moods, feelings, what side of the bed they woke up on, or whether Dunkin’ was sold out of Boston Kremes that morning has zero bearing on the legality of your documentation and does not over-ride it. 

You are a lawful permanent resident. You have a valid I-751 48 month extension letter from a current & un-adjudicated I-751 filing, a card that expired less than 48 months ago, and you are not and have not been in removal proceedings, or have had a final order of removal ordered by an immigration judge. 

3 hours ago, Renato D said:

I'm just bothered by the last sentence ("...does not apply to you if your CPR status has been terminated."), which is shown on the I-751 denied notice I received two weeks ago.

Understandable.

However, your status has not been terminated. Your I-751 has been denied, and that is not the same thing.

An immigration judge (with a final order of removal), or you (via an I-407) are the only methods of terminating your LPR status.

That sentence applies if you, say, had a 48 month extension letter issued 12 months ago, but in the meantime you had been to court and the judge had terminated your permanent resident status with a final order of removal (or similarly you had missed a court date and a final order was made by the judge made in abstentia).

Under those circumstances, you would no longer be a permanent resident as your status would have been terminated, so the letter would not be valid as an extension, as there is nothing to extend. 

And yes, the denial letters are legally wrong which adds to the confusion for many, as those letters are frankly terrifying (and thats before they start accusing you of stuff in them with no basis for doing so).  It is something I have pointed out many times on here as a personal bugbear. 

Glad you got it refiled and have the receipt. Now try to put it out of your mind for a bit. Also consider filing the N-400 appeal or a fresh N-400 which should hopefully speed it up.