Scazy

10 hours ago, SusieQQQ said:

They won’t deny you for that. Don’t know if they even compare it to AR11, there was no indication during my interview that IO was doing that.

Thank you so much! 

Hi guys, scrolled through a lot of topics here but still unsure what’s the right answer on my question: 

in n400 application you must list all addresses of residence during the past 5 years. You also must fo file change of address to USICS every time you move. 
So, based on records, it seems like I haven’t filed AR11 for 2 addresses out of all my previous addresses, yet both of them are listed in tax forms. 
I can’t file AR11 now for those addresses I lived in the past, my current address is updated with USICS. 
I would still list all of them in my n400, but very concerned because it won’t exactly match with my official record of address change. “I simply forgot” seems like pretty silly argument, even though it is what it is. 
Did any of you have similar issue? What to expect during the interview? Can it be denied based on failure to update some of the addresses I lived in at the past? 
Would really appreciate your feedback. 
 

Hi, from what I’ve seen earlier on VJ, you have a chance to correct your application at the day of the interview. Good luck! 

1 hour ago, Shahzadi92 said:

Yes i know its just not making sense like 3 weeks goes to 3 months... Im still waiting and surprised its taking long my office is quick

You filed in Miami office? I’m asking because “quick” is something I’ve never heard of being applied to this office  it’s usually pretty busy due to amount of immigrants in Miami area. 

3 minutes ago, Shahzadi92 said:

I was told. To. Wait 90days after they re-opened in july

Wow,  so it’s about 3 months just to get biometrics done. That’s something 😕 

3 minutes ago, Giovanna024 said:

Did your friend called USCIS? Did he tryed to find out?

They just said to keep waiting. So I started  wondering, is there any time frame for when you usually get your biometrics notice? I got mine in about 3 weeks when I filed for a Green Card, but that was way before this madness. And now I really need to know how long it takes currently with n400 as I’m planning to apply myself and have some travel scheduled as well. 

I just saw your previous message that got approved, congratulations!!! Happy for you and others who’s still waiting, seems like things are moving!  

Hi guys! I’m so very confused. Friend of mine is waiting around 7 months just to receive a biometrics (!) appointment. Is it a new normal, or something is up?  I was thinking to apply as well in near future, but I’m concerned with biometrics notice time frame. Please  let me know, how soon you received a biometrics appointment notice from Miami office if you applied online? Much appreciated! 

On 6/21/2020 at 11:37 AM, Giovanna024 said:

Miami office is very slow, I see a lot of people getting interview date but no one from Miami😭

Mia office now shows estimate 12.5 - 36 months so chances are 1 year is the best bet in this waiting game 

What was a plea deal? Obtain a court certified final disposition, take that to immigration lawyer to see how your plea guilty/no contest or any other affect your immigration status. 

6 hours ago, shomer said:

https://knowyourmeme.com/memes/asking-for-a-friend

Funny though but I’m a ROC filler myself, a pretty active one lol    N 400 race is 2 years away. 

Hi! I’m inquiring on behalf of my friend, we would really appreciate your help. 

Filed for n400, passed interview with a recommendation for approval, got RFE requiring information about travels 6 years prior ( I don’t want to go in details)  and that’s where it’s been discovered that lawyer who worked on a case made critical mistakes on application. After consultation with 3 other lawyers, it’s been decided that the best course of action is no action whatsoever, just to abandon n400 and stay on green card until things gets sorted out. However, all the correspondence such as interview notice, RFE was coming to lawyer office and he is no longer representing the case. 

Question: what to do about address change to make sure no further notices comes to previous lawyers office? Just a simple AR11? What to put as a previous address in that case?

Does lawyer obligated to send a notice to USICS that he is not attorney on file and then all further correspondence would go to my friends home address? 

4 hours ago, FEODORA said:

I had today a break down with my husband. He dont understand that is nerve breaking ...I dont know if just wait or go for the N400.

Why you want to postpone and complicate your case more? Just wait for your response on RFE. 

25 minutes ago, Lordofemrys said:

Good morning guys so I just got back from my interview I 751 and N400 interview. It was scheduled for 7:15am at Jacksonville Florida.  We got there at 6:30 . We checked in at 7:05 the nice gentleman came in at exact 7:25 and I asked him if he want me to come in only or with my wife. He said just you sir . He placed me on a oath immediately we walked to his office and said we finna work through my I 751 before we proceed . I said ok he asked if anything change since I filed and jokingly asked are you still with your wife and I said yes he said to obvious cos she waiting at the waiting room. He asked for our recent lease . Any other documents and I gave him 6 more affidavit of support he said oh really all this for me . I said yes and I even got bank statements and other insurance we just got . He said all I need is the affidavit and the lease with 2016 Tax I have him 2017 Tax and he said we are good to go. Then to N400 we went through the questions together and he asked me to read when is Columbus Day and also write the answer down he ticked the Pass mark. After that we started the civic test.

1. What does the president’s Cabinets do?

2.we elect a U.S senator for how many years 

3.Name one branch or part of the government 

4.How many amendments does the constitution have

5. What did the Declaration of Independence do

6.How many justices are on the supreme court

i answered correctly and he said congratulations you have demonstrated knowledge of the civic test . And jokingly asked if I will have the chance to come in for oath ceremony next week Friday I said yes yes yes and he laughed. Got scheduled for oath ceremony on the 20th of July. Thanks y’all and I wish you all success in your journey. God bless the United States of America 🇺🇸 . Cheers 🥂 

Congratulations!!!

38 minutes ago, alepenaflor said:

Hi guys!! 

 

I am a Nov 16 filler (11/14/16) 

 

we send everything they asked since the begging, we have a lawyer that help us filled up everything since paperwork can get complicated sometimes, we are still waiting 😩 nothing has change, the only thing is late February the status change but never received an actual notice in the mail. 

 

I filled up an inquiry last week and it says it takes 24 days to reply???? I havent visit my country in 2 years because of this, when is it gonna end? I never thought it will take this long. 

 

😩😩😩😩 sorry im just venting is so frustrating 

Absolutely no reason for not visiting home due to the process. Thousands people including myself doing so without any trouble, you’re allowed to travel and return on your i551 stamp (if you got it). The worse thing that can happen is to spend extra time on secondary while they verify your pending case. I understand the anxiety though. 

On 7/5/2018 at 4:27 PM, Mollie09 said:

I used a lawyer for my AOS and ROC (divorce waiver). Had an interview for AOS but not for ROC. I definitely think having the lawyer in the room changed the tone of the interview, and the officer directed a question at my lawyer at one point instead of me. My lawyer was familiar with some of the officers too, which I think changes the tone already.

Now, if that was a change for the better or not, I'm not sure. 

And I second that. Lawyers do mess up with paperwork a lot (I mean their paralegals) I belive a simple application could be filled out without using one. However when it comes to the interviews, there is a plenty stories here  of people treated very badly during it, and I belive the presence of a lawyer is beneficial  (not in a matter of favorable decision, but in the way IO helds the tone and the approach) Again, it’s like bad and good cops : some people are more lucky to meet nice officers and lawyer is indeed waste of money, but others might really benefit from having one presented. Note that all the stories on VJ about poorly handled interview is usually lawyers free. 

Seems like December fillers had 2 active weeks of approval: end of May and begging of June. After that, I see no updates whatsoever yet movement started in January 2017 thread. Not sure if that means that fillers who still waiting stuck on background check or simply got skipped. Thoughts? 

11 hours ago, Cielle.Cielle said:

We're going to be out of the country on holiday for 3 weeks in August... was really hoping to have my new card by then but it's looking unlikely. I'm starting to get worried I'll hear from them with some kind of RFE or interview notice or something while we're away and miss a deadline. Has anyone contacted USCIS to tell them you're away and you will be unavailable during particular dates? Maybe I'm over-thinking it, but missing an interview notice because we were on holiday is my worst fear! My last letter for biometrics gave me less than a week's notice by the time it was delivered :\

RFE is 89 days to respond 

interview usually a month in advance 

Have someone to check your mail and sign up for informed delivery, worse case you’ll have to return earlier but that’s very unlikely. No you can’t put “travel notice” with USICS. 

1 hour ago, Diane and Chris said:

Maybe not all. However, IMO, many are being interviewed. Hence, the long delays. 

Major Delays are at service centers. ( Wait BEFORE someone even touch your file) 

Check November, December threads for CSC 

And earlier months for NCS  

most recent updates are there. Majority approved with no interview, some got RFE, while others still waiting. So no, I believe it’s just a rumor ( as of right now) 

@Oaltawel get TAX Transcripts and account summaries for past 2 years at IRS. More bank statements, bills ( After the day you filed  for roc), you don’t have to add your spouse to deed- unless you would do this regardless of RFE. A cover letter with explanation that you purchased house before you even met would serve the purpose. Does she order online? Like amazon with her name and your address, letters, correspondence.  Check with doctors office is your have each other as emergency contact, get a copy of patient record. Moral of the story: send whatever you can, and explain whatever you don’t in cover letter and I’m sure you’ll be approved. 

45 minutes ago, mindthegap said:

 

In those specific circumstances,  if denied, the alien would still have thirty days to file a motion. Taken from my own denial letter:

"There is no appeal of this decision. If you believe the law was inappropriately applied or the analysis used in reaching the decision was inconsistent with the information provided or with precedent decisions or if you have new or additional information that you wish us to consider, you may file a motion to reopn or reconsider ((Form I-290B) pursuant to 8 C.F.R 103.5.

A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by affidavits or other documentary evidence.  Title 8, Code of Federal Regulations, Sections 103.5 states in pertinent part: A motion to reconsider must state the reasons for  reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or service policy. A motion to reconsider a decision on an application or petition mist, when filed, also establish that the decision was incorrect based on the evidence or record at the time of the initial decision".

 

 

In addition to this, a new I-751 (or multiple I-751s) can be filed immediately, which gives a new receipt number, extension, and puts the new I-751 at the back of the line for adjudication. These new I-751s must , by law, be adjudicated by USCIS before a final order of removal can be issued by an immigration judge (which is the point that ones LPR status is terminated.) . 

Also, a conditional LPR filing with a waiver does not have to file an I-751 in the 90 days preceding expiry of the 2yr card, they can file at any time before a final order of removal - it even states this in the I-751instructions.

 

 

There is also the fairly significant fact that a LPR has the absolute right to a hearing with an immigration judge and cannot be arbitrarily refused this. Whether they like it or not, CBP do not have the right to deny due process.

This is quite possibly why when the trump ban first happened, there were reports of people being asked to sign I-407s at the border to relinquish their LPR status there and then. 

 

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

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

 

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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).

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

 

 

 

 

Wonderful read. But it can be argued in a way that yes, you have 30 days to re open or file another I 751 as long as you in US and not seeking for admission with a terminated conditional LPR status. I personally met some agents who were not very familiar or comfortable with an extension letter (which, btw, specify something like “it’s not valid for work and travel if the status has been terminated), imagine their surprise if someone would  demand hearing with a judge no matter what it’s says in a letter about termination, and they might not be even aware of such memos. Then what? 

39 minutes ago, geowrian said:

Not entirely. In practice, I do believe that is the case...they don't deny entry for no reason. But they do have discretion for any parolee.

 

An LPR is in a different situation. While they are not guaranteed entry, they also have rights to challenge any decision in front of an immigration judge. So even if the CBP officer says no, they have proper recourse and due process. As a parolee (well, attempted parolee with no actual status yet), you have neither...they say no and you can be sent back home.

Very true. I’m not too familiar with parole travels, but I did a very extensive research on what’s this phrase means   “only USC is granted entry” which I see in pretty much every travel thread  and that was my conclusion I posted above. However, I also bumped in opinions, what if conditional resident returns back to US and his ROC petition was denied while he’s away, there is “a chance” entry also would be denied without the right to see IJ.  The “rights” sometimes is very vague for a clear understanding...What you think about it? 

I know one person who traveled with AP waiting for AOS and having an overstay history prior. I did not recommended her to travel at that time because, you know, “what ifs”, but she went on a trip and entered back with no problems. 

Yes they do say that entry is not granted to anyone but UCS, but what exactly that means? In my understanding that phrase means you won’t be admitted if you break the law that would make you inadmissible. Like, returning LPR convicted of inadmissible crime won’t be admitted - that’s the law and it’s abailable for all to exam your situation before travelling. But it does not mean that you still might be denied entry if have not committed anything that makes you inadmissible, just because the officer had a bad day. I believe that’s where all the paranoia and panic starts because it does sounds pretty scary that you always have a chance not to come back - and it’s impprtant to understand that this “chance” is not like gambling, but immigration laws which available for anyone and can be calculated based on your personal factors in immigration journey. 

Right? 

52 minutes ago, AH&JH said:

and I should have signed the amendment for divorce waiver

 

They are calling me for an interview.  my ex-husband and I are not in good terms so I cannot go to an interview with him. So im hoping as @Damara mentioned to go to the interview and changed my process to divorce waiver there. (I would probably have avoid this interview if I would have signed that amendment when I sent the divorce decree with my RFE).

 

To make things more complicated im moving from the West Coast to the East Cost in 2 weeks :S   I haven't received the letter with the date of the interview, should I just wait for that letter and come back to California for the interview and then change my address? any advice?

 

 

 

I wonder why the lawyer decided not to amend it? I think you should be fine, you disclosed your divorce and it’s finalized so I believe your lawyer can amend it at the spot during the interview and be done with it. Interview notice is usually given about a month away, can you postpond your moving for a few more weeks?

10 hours ago, bakphx1 said:

 

That should already be part of the record, unless the adjudication was later.  I would have copy available, but the review should be about the time period after AOS till now.  The vetting from before shouldn't change. 

Petition is asking “have you ever been arrested...” and instruct you to give an explanation if your answer is yes, so I think it’s important to submit this information upfront even if it was already submitted for AOS. I was just wondering how that might impact I 751