mindthegap

Find a new attorney that didn't get their law degree inside a box of cornflakes. Thats i-751 101 stuff. You can file a new i-751 at any time, including when in immigration court and removal proceedings. The point at which you cannot, is once a final order of removal has been made by an immigration judge, at which time you are no longer a permanent resident. Did you even read anything I posted previously? Thats exactly what I said...with the caveat that the 48month receipt is ONLY valid from the expiry date of the card, so in all probability you would probably need a stamp. Yes. Brief cover letter ('please find enclosed my i-751 form, being filed as a divorce waiver), a G-1145 (for email /SMS notification), G-1450 or a cheque (for payment), the form itself, a copy of your final divorce decree, and an any evidence you choose to include, or not. Send that in, and it will be accepted. You can send further evidence at a later date. phew.

See my post above. If it is urgent, then file ASAP, then request an emergency stamp appointment as soon as you have the receipt number (even if you don't have the physical receipt). See above. A tourist visa is NOT an option for you, as you are a permanent resident. If you relinquish your permanent resident status (either by filing an I-407, or with a final order of removal by an immigration judge) you would not be approved for a B-2 or B-1. In immigration court the burden of proof switches. Currently you are in the I-751 process where you have to prove your marriage was legit, but in court it switches to USCIS to prove - 'by clear and convincing evidence' - that your marriage was entered into for the purposes of evading immigration law. That is quite a bar for them to clear. That is a LONG way away, if ever. Just concentrate on now. Don't rush into anything. This is a long, slow process, and you have absolute rights under law as a LPR. This stuff is a long way away. Just focus on now, and get that refile in so you can travel without worry for now. Trust me man, I'm going through the same hell (seriously, look at my profile signature).

More info needed. Why exactly was it denied? Joint filing, or waiver filing? Did you have an interview? Did you gave an RFE? Were there any accusations? Or was simply it for lack of evidence? Help us to help you. Regardless, you have legal rights, and remain a permanent resident. Yes, you can refile, and yes you can travel once you have (see my extensive signature as proof, i have filed several of the things to date). Right now, from the date of denial, it will be on a 45 day hold, so would suggest you get it refiled within 45 days to minimise the potential for an NTA heading your way quickly. Once you refile, it is much the same as before: they will cash your cheque or charge your card within a couple of days of it arriving. You will receive email/text notification the day after that. You will receive your biometrics appointment/waiver after a week or two, and your new extension letter/receipt will arrive in the mail in a similar sort of timeframe. Your new extension letter is valid for four years from the date of expiry of your card (not from the issue date of the letter), so if you card expired less than four years ago (you don't have a timeline as your sig so I have no idea when you filed), you are good to travel immediately, as long as you return within that validity. If not, then you need to make an infopass for an I-551 stamp, which will be annotated TC-1 (so agents will know it is a refile), and you will require a short visit to secondary every time you re-enter the US to verify your status. You will be stamped in as LPR or ARC - both are admitted as permanent resident, and not paroled. I would not recommend travelling using the existing stamp you have, as it will have the old receipt number notation on it (although note that I have been told by numerous USCIS people I would be ok to do so), so in my mind - and exactly what I have done each time - it is far better to get a fresh stamp, with the new receipt number annotation for any avoidance of doubt. If you do nothing, an NTA might eventually appear, probably in a few years. Legally, you are also entitled to a stamp during this entire period even without a refile, as clarified in case law. However, if you do travel without a refile, you run the risk that you may be paroled back in rather than admitted as a LPR. Info on the actualities and real world examples are very, very thin, and also legally conflicting in multiple places so my advice is just to not do that, by refiling. Regardless of admitted or paroled in, you would be in the county, as you are entitled to a hearing with an immigration judge, and you remain a permanent resident until an immigration judge says otherwise with a final order of removal.

Couple of things. -If they hadn't received the RFE, you would have received a denial by now. -Tier 1s are useless. Glorified drive thru operators basically, so don't take anything they say as gospel, so don't waste your time on the phone. A tier 2 may be able to give a little more info, but don't bet on it. -You could try an infopass, but good luck getting one of those in a timely fashion. -Pay no attention to where the office is. I'm in NY, my last one was filed in phoenix, had an RFE from MO, and was adjudicated in Florida...presumably where Stevie Wonder spends his winters. - If it has been lost, a denial is not the end of the world, especially if it is their error. Keep your proof of delivery safe.

Yep, at a far higher standard than beyond reasonable doubt. 8 USC 1229a: Removal proceedings (3) Burden on service in cases of deportable aliens (A) In general In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. and (Matter of P. Singh, 27 I&N Dec. 598, 607 (BIA 2019)) ““[T]he degree of proof required for a finding of marriage fraud sufficient to support the denial of a visa petition under section 204(c) of the Act [is] higher than a preponderance of the evidence and closer to clear and convincing evidence.” .” ““The application of the ‘substantial and probative evidence’ standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with sufficient probability, that the marriage is fraudulent.”

It does indeed (I've had 12 of them)....although with just the stamp you will have a visit to secondary every time to verify your status. With the expired card + letter combo it is usually taken care of at the booth.

Yes, assuming your extension letter is still within its validity period, your extension letter in conjunction with your expired card will remain valid for travel purposes, if for some reason your new card has not arrived. A stamp will also work just fine should you manage to navigate the muppetshow of actually getting an appointment. In the grand scheme of things its a nice non-problem to have really. Don't worry about it.

😂 Much like 'no offence, but....' I get you. Of course I-290Bs can work... but in this case IMHO it was a waste of time, as the application of it is so (and very intentionally) narrow, and it costs the same as filing a new I-751 in the first place.... I tried that once too with my second refile. The N-400 interview appointment letter stated it would be a joint interview for any other outstanding pending cases. They then simply denied the I-751 (without interview, or RFE) about a week before the N-400 interview, and then conducted the N-400 interview as scheduled, and a few weeks later wrote to me denying the N-400 on the basis of 'not being a permanent resident'.

Nope An I-290B was the wrong thing to file. It has a very narrow applicability, either for evidence not submitted that would have made a difference to adjudication, or incorrect application of the law or policy (that you have to cite to them). To the letter of the law, you did not show for your scheduled interview, therefore they were entirely correct in their denial. They don't care that you didn't receive it. As far as they are concerned, they scheduled it, and mailed you a notice of that appointment (even if they didn't). Which is why filing an I-290B was pointless. Dude, I have had three denials, as far back as 2017, and no NTA. I've also been on the receiving end of massive (and proveable) breaches of their own damn policy and federal law regarding adjudication. What is *supposed* to happen does not always happen. So now, you can either sit tight, wait for an NTA that may *eventually* come, and then wait some more, go to court, and ultimately have a judge who may instruct USCIS to re-open it because it wasn't received, which is possible, or a judge who will advise you to file a new I-751....either way it means court. So you can cut out a whole heap of hassle, file a new I-751 now, get back in line, and stop worrying about it for a few years. If you do this, you may avoid having to go to court at all. btw, did you get your stamp?

There are a variety of holds for different things This one was taken from my own FOIA response, after I 'missed' an interview (when no mail notice was received...much like you) As you can see it says 30 days.... There are others too (also taken from my FOIA): It could also still be on hold because you filed an I-290B, or it could be because they think you will ultimately refile, and it is a lower priority as an I-751 with the backlogs they have. Or, they are just totally inept.

Would make sense... it's 'denied' but you remain a LPR until it has gone through immigration court, then BIA appeal, and supreme court. Only then is it 'official' I guess, as that is when your permanent residence is legally terminated. Whereas the N-400 is just approved/denied, with no ambiguity.. Different sectors of immigration. I still find it hilarious that the oldest (original joint) one says 'last status change' well over 3000 days ago (in 2015)...despite the denial for it being received 6.5 years ago, in 2017. Anyway, trying not to derail the thread - my point stands, that your case status doesn't necessarily reflect the current status of your case.

It doesn't for an I-751 denial (as above, that case status does not change even after denied). But it does for an N-400 denial (and case status does too). Go figure.

Sure, but you will be wasting your time. Best solution is to download a case tracker app and refresh it periodically, and to have informed delivery. Also, be aware that case status only updates when it is approved, or if something like an RFE is issued (and a couple of other things). If it is denied it doesn't update, ever - it remains as showing pending.

It would be in one of the pdf parts if you requested your entire A# file. If you specified you wanted just the records of entries you would receive just that (un-redacted too, since you are the subject).

If you think that is bad, you should see the collection of CBP photos taken of you at every entry.... they are all stored, and you can see them all if you do an FOIA request.

Another denial. I’m done. I haven’t the mental or physical strength to continue with this journey.