The story in my local Post Office was that I was dead, my dog had died and I think that is where it came from, still wonder if there are people up there who have not been updated.
I work for the state government and I know some people get this way with the cases they are handling. (I don't like it when they do that) I think it's just not fair, everyone should be treated with respect and dignity they deserve and not try to make things difficult for people. I pray it all works out.
I work for the state government and I know some people get this way with the cases they are handling. (I don't like it when they do that) I think it's just not fair, everyone should be treated with respect and dignity they deserve and not try to make things difficult for people. I pray it all works out.
Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you.
I suggest you also get a cup of tea, as this is a long one......
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court) ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice.
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case.
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO.
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
And Genco Opinon 96-12 itself:
""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR
Office of the
General Counsel
I. QUESTIONS
The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?
2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION
The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.
Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.
III. ANALYSIS
Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1
The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.
The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.
Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.
However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
Still with me? Good. Get yourself another cup of tea.
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this.
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you.
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
That’s what I told her but her husband and lawyer believe that they deserved a 10 years gc, so let’s see!
Idk why do people think that the uscis will overlook these mistakes and won’t investigate eventually 😕
My friend has been married for less than two years and she got a 10 years green card with no condition on it. When she got the visa her marriage was 14 months old and when she entered the us it was 17 months old. So they aren’t informing the uscis cuz they think that the uscis can’t make such mistake and even if they did, they will contact them on their own.
This means that she is not going to apply for getting her condition removed before two years. So what happens if he doesn’t?
USCIS makes green card mistakes all of the time. There were many printed in mass last year with the wrong expiration date, some people have recently had the wrong gender printed.
USCIS only makes statements on mistakes if they made the same mistake on THOUSANDS of cards. One mistake on one card, it’s up to the owner of the card to check for errors and return it if there are.
either way in the system it most likely has it under a 2 year green card which means if they don’t remove conditions then they will eventually be put into deportation proceedings.
Tell them to not play fast and loose, immigration doesn’t care if they get deported, USCIS believes it’s up to them to take accountability in their own immigration process either by knowing how to do it theirselves or by hiring a lawyer.
at the end of the day they know they got the wrong GC, they need to understand in the computer system it should show a 2 year green card issuance since it was a CR-1 visa.
This is like some weird alternate universe version of me and my husband. 😂
Wait, you aren't my husband posting with some details changed, are you? Just kidding.
I graduated that weekend too, he's the breadwinner and the immigrant. I didn't throw a party because that sounds dumb and expensive, but to each their own. I did however request a solo graduation trip, which he vetoed, but now says is ok. I decided to get some tattoos (they require hotels and travel) and go to some concerts instead.
I, like a few other women I know who've graduated recently, went through some sort of weird post-graduation depression and existential crisis. I tried to kick my husband out of the house on Friday night. Why? I have no idea. It was pretty out of character. He might have been mocking my life crisis and impostor syndrome issues. Maybe.
I definitely spent more than your wife this weekend, though. I like to shop too.
Sounds like you both jumped the gun here and need some time to cool off, grow up a little, and figure things out.
I think updating the address yourself on your account online is the surest and most effective way to do it.
it's here
so sorry about your plight, hope it gets resolved soon.
So, like many people I filed my own K1 application and read a lot of forums and visa pages online including this one with a video https://rapidvisa.com/required-adjust-status-within-90-days-fiance-visa/ this stating you do NOT need to adjust status in the 90 days, just marry which I did.
I have also been in FB groups of people who married late in the 90 days and adjusted status just fine.
So basically, I entered mid Dec, married late February and even though I couldnt find anything on USCIS about a deadline to file, I was really trying to do it within 90 days so I could finally sit my driving test on receipt of NOA1.
I had it all completed ready to post with a signed cheque and everything but my husbands 1099 tax form which had been posted in error to his old address. Knowing I needed it for the affidavit, I made what was now a HUGE mistake to wait for it. I was 2 weeks over the 90 days at this point.
I was in the car at a traffic incident and the police officer asked to check IDs, I happily showed my passport as I did not think it would be a problem. Well it was, I was arrested and Border Patrol came for me and would not let me go home to show them my completed pack, nor the proof we had chased the rogue document.
I was taken to the Border Patrol offices for processing taking 7 hours then sent straight to jail where I have been for 5 weeks. The ICE deportation officer who could have given me bail refused to grant it me despite me getting very ill with my medication being stopped abruptly and said ALL immigrants are now forced to wait to go to court and be seen by a judge as you are immediately in deportation proceedings on arrest. It took 4 weeks to get a court date and a further week to get a bond hearing. I ended up paying for a lawyer and paying $5000 bond to get out of jail for what I could have resolved within days had they let me get the tax form.
I have read all the USCIS site and cannot see anything about the need to FILE in 90 days, just marry. I appreciate some people may know this but I and many others I have spoken to did not so this post is merely a warning to others. I have lost all my money now being unable to work as my EAD was in the pack to send off, I lost my honeymoon, I have more court dates now and lawyer fees to pay plus the AOS filing fee when they let me do that. This has been distressing and terrifying and having never been in trouble in my life, jail was dreadful.
(Also on a side note I saw a lot of people in jail who had actually entered illegally from Mexico living in the US for many many years and their treatment was appalling. Not one person in the jail spoke Spanish and all the legal papers they were served were in English with no translator.)
Please be careful when reading online about filing for AOS, learn from my mistake as I have lost everything and to add salt to the wound, as I only have my husband here, who had to keep driving to the jail and also to the court in Cleveland, he now lost his job for too much time off trying to get me out.
Hopefully he will get a job to be able to continue the affidavit or I’ll be getting sent ‘home’ where I have nothing to go back to. I have never felt so desolate as I do now and stuck.
Pee&Eee got a reaction from Hamilton in I-751 (Removal of Conditions) April 2020 Filers (merged)
Pee&Eee reacted to Boiler in Question...How is it possible he is here legally after I never filed for his papers.
Pee&Eee got a reaction from Angelica48 in I-751 (Removal of Conditions) April 2020 Filers (merged)
Pee&Eee got a reaction from HKS in How is everyone doing?
Pee&Eee got a reaction from Reiko0219 in How is everyone doing?
Pee&Eee got a reaction from Foma_ATK in How is everyone doing?
Pee&Eee got a reaction from judyann811 in How is everyone doing?
Pee&Eee got a reaction from geowrian in How is everyone doing?
Pee&Eee got a reaction from Orangesapples in BAD! ROC + N400 Combo Interview Went BAD! (merged with update)
Pee&Eee got a reaction from Oroski in BAD! ROC + N400 Combo Interview Went BAD! (merged with update)
Pee&Eee got a reaction from mogiftney in Urgent - Deportation
Pee&Eee got a reaction from Kirk&Kean in July 2017 AOS Fillers