Peter T
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Posts posted by Peter T
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I filled I-751 at VSC on Nov 15th 2006. Got NOA Dec 1st 2006 and fingerprinted Jan 2nd 2007. Waiting....waiting....waiting... Starting from June 2007 I repeatedly and until Nov 5th 2007 checked the website and called 800 number to find out that nothing new had come and the case was pending normally.
Guess what; on Nov 5th 2007 I got a DENIAL letter stating I didn't reply to RFE they had sent me in June 2007.
Guess what more; the receipt number on the denial did not match the receipt number on my first NOA, the number I checked online all the Time. And guess a little bit more. The state abbreviation in my address for Delaware was printed NJ .
I went to INS office and a very nice lady told me that all those “small” mistakes happen. The letter is received by zip code. The receipt number doesn’t have to be the same.
I should file a new I-751.
The nice lady might have been less nice to you than she appeared. She recommended "new filing" where a Motion to Reopen instead might have been better, but a Motion is more cumbersome to the USCIS. Did you pay the full fee for the second application? The outcome of a Motion would depend where all these small mistakes would have made, inside the USCIS or outside. Did you consult with an immigration attorney? Did you file your Motion to Reopen with an immigration attorney?
I was denied my first (conditional) Green Card, due to an oversight on my side (I sent the requested evidence with a normal letter that got lost; now I send only tracked letters). My attorney wrote a Motion to Reopen that was granted after about six weeks, if I recall correctly. I couldn't travel or work in the meantime and even afterwards, until the Green Card was granted, because my work and travel documents had expired after the long processing.
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I applied for I-751 in March, 2007. On Oct, 17 I went to Houston INS and they told me that some kind of letter was sent me in July.
I called 1-800 and asked them to resend the letter that I never received. Instead, on Nov 14th, I received a denial notice stating I didn't reply to RFE they had sent me in July 2007. I even do not know where they sent it to. I hired a lower and he sent a fax to the director of Texas Center with request to reopen my case, since I never received a RFE. He supposed to answer in 10 days but he still did not. I re-filed another I-751 on Dec, 4th and still waiting on their response.
That is scary indeed. After your lawyer sent the Motion to Reopen and it wasn't answered, what did your lawyer do or recommend? There must be a way to drag the USCIS to immigration court. Decisions of immigration judges overturn USCIS's decisions.
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I guess we would have to do an infopass appointment to get her passport stamped. Do this stamp covers her work permit?
Yes, it covers permits to work in and to travel into the US.
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I dont think they will approve us in one year and by that time we will be able to apply for citizenship.I think we should concentrate on citizenship application while 751 is pending and find out people here who applied for citizenship while their I-751 was pending and use this thread to collect that Infor mation.
Applying for citizenship should force an adjucation of the I-751. Good Luck to you!
Some people, however, like me, don't plan to apply for citizenship, at least not now. We'll have to wait or push the USCIS (US house members or senators) to get our Green Cards and get by on I-551 stamps in the meantime.
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I have extended the list to everybody who applied later than the last approved I-751 but before the transfers to CSC speeded up processing. We share the same fate, regardless if our NOA date is before or after that official but ridiculous USCIS date of processing. I've also removed the service center column (all are NSC) and added a column for comments about service requests etc. If you're not in the list but should be, please add yourself or post your data separately in the thread.
Important: If you are on the list and get approved, we would like to know it - please write a posting in this thread.
List of I-751 to NSC after the last known approval (09-Sep-07) and before the first known transfer to CSC (29-Jun-07)
UserName...........Date of I-751.....NOA1 Date.......Biometrics......Approved....RFE, Service Requ., etc.
haozi101...........11/27/06..........12/06/06........01/03/07........09/14/07.....
Bertrand...........12/19/06..........12/27/06........01/20/07........--/--/--.....
coloradogirl.......12/27/06..........01/04/07........01/30/07........--/--/--.....
CAPG...............01/06/07..........01/16/07........02/15/07........--/--/--.....
jennybirgitta......01/13/07..........01/18/07........02/14/07........--/--/--.....service request
dee................01/25/07..........01/29/07........02/20/07........--/--/--.....
chus...............01/26/07..........02/03/07........02/23/07........--/--/--.....
Peter T............01/27/07..........02/01/07........03/09/07........--/--/--.....
ives_damian........01/31/07..........02/06/07........03/12/07........--/--/--.....
Illinois...........02/19/07..........02/23/07........04/18/07........--/--/--.....
ace13..............03/22/07..........03/27/07........04/17/07........--/--/--.....
Lyuba..............--/--/--..........04/17/07........05/07/07........--/--/--.....
Frances............04/02/07..........05/05/07........05/24/07........--/--/--.....
Kearinne...........04/09/07..........04/30/07........06/02/07........--/--/--.....
gyuwono............04/17/07..........04/20/07........05/18/07........--/--/--.....
charlie & yeng.....4/27/07(resubm.)..05/01/07........06/02/07........--/--/--.....
debeselizz.........05/24/07..........05/31/07........06/21/07........--/--/--.....
sandy2000..........06/--/07..........06/12/07........07/13/07........--/--/--.....
pkmk...............06/18/07..........07/02/07........07/13/07........--/--/--.....
wifiman............06/29/07..........08/05/07........08/15/07........08/25/07..... NSC > CSC
Please check your data for correctness.
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WHY can,t one of you guys call UCIS and let them knew that you are out of window and would like to know what happened
USCIS asks you to wait 30 days after you are out of the processing window, probably to allow any correspondence to reach you, and then to call the service number to place a request to look after your application. For the people whose NOA date is before 2007-01-27 that would be 30 days after Nov 14, and for the people like me whose NOA date is before 2007-02-09 that would be 30 days after Dec 15. If the service request doesn't give any results, we can either just wait while letting the USCIS extending our status with annual I-551 stamps into our passports or contact our federal representatives to put pressure on the USCIS to put their act together.
I am less angry at the slow processing of the I-751 than at the apparent dishonesty of the USCIS. Their processing dates don't make sense anymore when compared with the experience shared at this board. Why playing this charade? Is there a major breakdown inside the USCIS that has been covered up so far? The supposed increased number of application doesn't explain lying, does it? Why not just telling that all I-751 are shelved until further notice, because of more urgent applications? Our I-751 are less urgent applications, because we can work and travel in the meantime, until the USCIS adjucates our cases. And I don't fear a sudden rejection either, because it would probably not come out of the blue but only after a RFE and a video taped interview.
I haven't added your dates to the list yet, because your NOA is still way out of the processing window, but you should enter your dates into the long status thread.
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Coloradogirl,
Thank you for sharing your data. I put your entry into the list ordered after date of the I-751 application.
Peter
UserName............Serv. Ctr.....Date of I-751.....NOA1 Date.......Biometrics......Approved
haozi101........... NSC...........11/27/06..........12/06/06........01/03/07........09/14/07
Bertrand............NSC...........12/19/06..........12/27/06........01/20/07........--/--/--
coloradogirl........NSC...........12/27/06..........01/04/07........01/30/07........--/--/--
jennybirgitta.......NSC...........01/13/07..........01/18/07........02/14/07........--/--/--
dee.................NSC...........01/25/07..........01/29/07........02/20/07........--/--/--
chus................NSC...........01/26/07..........02/03/07........02/23/07........--/--/--
Peter T.............NSC...........01/27/07..........02/01/07........03/09/07........--/--/--
Illinois............NSC...........02/19/07..........02/23/07........04/18/07........--/--/--
Frances.............NSC...........04/02/07..........05/05/07........05/24/07........--/--/--
Kearinne............NSC...........04/09/07..........04/30/07........06/02/07........--/--/--
gyuwono.............NSC...........04/17/07..........04/20/07........05/18/07........--/--/--
charlie & yeng......NSC...........4/27/07(resubm.)..05/01/07........06/02/07........--/--/--
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The new processing date of the I-751 at the Nebraska service center is Feb 9, 2007, as of Dec 14, 2007 . As far as I understand, that means that at Dec 14, the oldest non-processed I-751 application should be from Feb 9, 2007, or am I wrong? There are many of us who have a NOA with a date before Feb 9 who haven't heard anything from the USCIS until Dec 14, and there seems to be none that has been approved or received a RFE after September this year. What is going on? I can understand that a few applications can be missed when counting, after all, not counting but processing is their job. There are, however, too many "missed" application now. I have read on their website that they have been overwhelmed this summer with new applications, especially naturalizations. So, why don't they admit that they can't make progress with old less-urgent application like ours now? Why are they lying instead?
Below are the data from some applicants out of the status thread, many of them having a NOA before 02/09/07. Please add yourself or give your data, if you fall into this time window.
UserName............Serv. Ctr.....Date of I-751.....NOA1 Date.......Biometrics......Approved
haozi101........... NSC...........11/27/06..........12/06/06........01/03/07........09/14/07
Bertrand............NSC...........12/19/06..........12/27/06........01/20/07........--/--/--
jennybirgitta.......NSC...........01/13/07..........01/18/07........02/14/07........--/--/--
dee.................NSC...........01/25/07..........01/29/07........02/20/07........--/--/--
chus................NSC...........01/26/07..........02/03/07........02/23/07........--/--/--
Peter T.............NSC...........01/27/07..........02/01/07........03/09/07........--/--/--
Illinois............NSC...........02/19/07..........02/23/07........04/18/07........--/--/--
Frances.............NSC...........04/02/07..........05/05/07........05/24/07........--/--/--
Kearinne............NSC...........04/09/07..........04/30/07........06/02/07........--/--/--
gyuwono.............NSC...........04/17/07..........04/20/07........05/18/07........--/--/--
charlie & yeng......NSC...........04/19/07..........05/01/07........06/02/07........--/--/-- (re-submitted 4/27/07)
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Other than the money (which is understandable), why are you not ready [for naturalization]?
That concerns many of us - I personally would like to wait with the US citizenship:
1. If we move outside of the US, I would have to pay taxes as US citizen.
2. I don't want to give up my European citizenship, because we might want to move to Europe sometimes, and I would have to claim a valid reason to my home country to keep both citizenships.
3. While I would like to vote and would be ready to do jury duty in a criminal court, jury duty in civilian court is different - from what I have heard it is often long and ineffective, and I oppose the right to a jury for the initiator in civilian matters on principal grounds.
To the original question of how to extend the extension:
Make an infopass appointment and get a one-year I-551 stamp.
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You are not here illegally if you have pending application. You're sort of in....a gray area. You can legally stay, but if you leave the country you won't be readmitted.
I am not a lawyer, so take my word for what it is - an opinion of an informed layperson:
You are not in a gray area - if you have filed in time, you remain a permanent resident, with or without NOA, until the USCIS adjucates your case. If people loose their NOA, they don't become illegal either. If you would have to leave the country without NOA on a short notice, e.g. for a funeral, you would be readmitted, but it would be a long and tedious processing at the border - by the way, when I reentered the US with my NOA, it was a long processing, too: they didn't trust the paper, but first had to find me in their database. In summary: After filing timely, you remain in legal status, but it is always good to have written proof of your status, which is the NOA.
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I actually called the USCIS phone line and got to talk to someone pretty quickly (after about 4 levels into their menu) and the guy said that if I don't receive my new GC by February that I should check back....hmmm.... i hope he's right about getting my card in Feb!!
Don't wanna bust your hopes, but that guy seems delusional. In your timeline, you give 2007-05-01 as your NOA date (and mention a RFE). Nebraska hasn't managed to process some I-751s from January (mine is from February). I recommend that you forget about a speedy processing and make a note in your calendar to get a I-551 before your extension period expires.
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My green card expires on January 18, 2007. Do I need to leave USA if I don't get my extension letter by then?
No, you don't need to leave, and you shouldn't, because getting back into the US will be more difficult without the NOA (extension letter) in hand. Filing the application on time extends your status, the NOA is just the written proof of your filing. If you have already filed, you could have also sent the application in a recommended letter and paid with a personal check, to have more proof of your filing before the NOA arrives at your place, have you done so? Or will you file soon?
You don't have to show your current employer the NOA, and the employer should not ask for it. You need it for any new job though, and for travel.
Regards,
Peter
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I have read somewhere on the forum that I can continue to stay in my job with NOA1 (the 1-year extention of green card). (...) Today, I received an email from my employer saying, "The Department of Homeland Security no longer allows us to use a receipt for application or extension." NOA1 says I can work and travel during this time. Plus I am not changing job! I am so worried right now because I may lose my job in 5 days.
Does the employer try to comply with the Labor Laws? Then you should be able to use the NOA alone. Or does the employer need some security clearance for you, like export control or access to certain buildings or documents? If it's the latter, ask them what they would accept, e.g. the I-551 stamp in your passport. Then let them give you their non-acceptance fo the NOA and the acceptance of the stamp in a letter on official paper and bring it to your infopass appointment that you have made today, to get the stamp. Tell your employer about your plan of action.
For my work, I need to be a US person (not a Foreign National), but the NOA was enough for my employer to think that they have complied with the law.
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If your Conditional GC expires in March 2008, how come you applied for Removal of Conditions in January 2007? You should only have applied for Removal of Condition in December, 2007.
March 2008 because it was extended for 1 year from March 2007. Which is why I applied in Jan 2007 which is within 90 days from the 2 year anniv in March 2007.
I think it is just a language mix-up. The expiration date on your Green Card should be March 2007 and that is what raymag refered to. The NOA showed then the extension of your status for one year, until March 2008. If you haven't received a GC until then, your best choice is probably to make an infopass appointment at your local office and get a stamp in your passport, as Bertrand has already recommended.
Could you add your data also, please, to the thread under
http://www.visajourney.com/forums/index.ph...5&start=525
If you don't feel comfortable with formatting the entire table in fixed font, just post a note with your dates of application, NOA, and biometrics and ask for someone knowledable to include them into the table. Your case seems to be another one from NSC that is in contradiction to the published process date from NSC.
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NSC are liars. I wonder if anyone is still working on I-751 out there. Today is the first anniversary since i sent the I-751. Yeeeepeeee!!!!
Congrats.
Bertrand, when I think about it - you are probably correct: NSC is lying. The process dates they have been giving in the last months are contradicted by too many cases now to assume only a bureaucratic error.
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Exactly what I am asking myself today!!!!! No updates????
Last time, it took also some days after Nov 14 to post the status at Nov 14.
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so it has almost been 7 months since we sent our application and no news yet! ugggghhhh... nebraska hurry up!!
You can put your anger back into the box and prepare for a long wait - Nebraska claimed one month ago to work on application from 1/27/07. Two of the folks here sent their applications before that and haven't said anything yet about receiving GC or RFE. My application was officially received on 2/1/07 at NSC, and I haven't heard anything either. I see the long waiting as just compensation for having paid the lower fee before this year's fee changes. That doesn't mean I am not feeling your frustration, too, but, more than a fast adjucation, I wish us both a positive one.
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Adding 884ever, or at least as best one can from the confusing info in his/her post and signature. Remember, Date of I-751 is the date the I-751 was sent, NOA1 date is the date on the NOA1.
I assumed that the NOA date was the day I received the NOA in the mail, to show newcomers how long it could take to get a NOA. With James' definition above, however, my NOA date is not 2/26/07 but 2/1/07 (yes, it took them more than three weeks to get it to me). The other dates remain correct. Could someone incorporate the change, please?
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My wife's PR is expiring on 1/26 and some reasons we didnt file. we thought we have to file in 90 days so we will file with in 90 days. But here I see that everyone has right on the dot of 90 days.
I am planning on sending on Monday. 12/10.
So I am little worried about me. Does anyone have any experience or knowledge to share on this?
We filed only 40 days before the expiration of the Green Card, because our second son was due in the 90-days window, and we wanted to include his birth certificate in our evidence. 40 days was short for me, because I wanted to have continuous documentation of my legal status for export control issues, and the NOA came late - when I got it I had already made a infopass appointment to get a stamp in my passport. One might not get a stamp after only 20 days waiting fo the NOA.
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On December 6, 2007, we ordered production of your new card. Please
allow 30 days for your card to be mailed to you....
WOOHOO!!!!!!
Herzlichen Glueckwunsch! Ich hoffe, bei uns ist es auch bald so weit. Waere ein schoenes Weihnachtsgeschenk.
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> Replying to Conditions removed with little evidence
Your list is not small. OK, you are missing some parts, but supplying others instead, like affidavits.
Congratulations to a well earned card.
Regards,
Peter
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I believe I have to wait until my case is 30 days outside the processing date. I'm confused about when that is; my NOA is Jan. 18 so do I have to wait until Feb. 18, or later, is the current processing date? Or is it 30 days after my NOA date became current, which was on Nov. 14 when they published the latest processing dates (which now is Jan. 27)
I think it is the latter: When they published the latest processing date 1/27/07, your application before 1/27/07 was still unanswered (GC or RFE) and therefore outside the processing date. If you still haven't received anything 30 days after the publishing of the latest processing date, your spouse can contact e.g. your US representative (you can always contact them earlier, but they might just ask you to wait a bit longer). On the other hand, do you think it is worth to invest your time and thought into this when you can travel and work anyway? I plan to just get a I-551 stamp at my local office if my NOA expires, before I get a RFE or GC, and wait another year, before I seek outside help.
Haelsning,
Peter
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I can't believe this! Our NOA is dated 1/4/07. My husband had biometrics 1/18/07. What happened to us??? I've been in contact with 2 other VJ'ers whose dates are also before 1/27/07.
I sent my package to NSC on 1/27/07, so I can't complain yet that my paperwork hasn't been touched. I don't expect my Green Card before Christmas anymore, and I have even marked my calendar to make an infopass appointment in 2008 to get my I551 stamp. It seems to me that the USCIS is angry at us that we got to pay lower fees and, therefore, we should wait longer. It's OK with me, life goes on.
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I never thought the U.S. government would hire people like that to represent them. What kind of signal does this send to immigrants? USCIS motto is Respect, Integrity, Ingenuity, but they don't show respect or integrity in either processing or treatment of immigrants. My wife is so upset with this lady that she's going to file a complaint with USCIS and even further.
I am sorry to hear about your bad experiences. I hope that the attitude of your officer doesn't have an influence on the final outcome of your case.
Any USCIS motto will always be less important than the structural frame, which is:
- clients are not US citizens (yet) - when have you ever heard that the better treatment by the USCIS was part of an election campaign?
- most of us go into the process, suffer a bit, and want out as soon as possible, never to look back, especially not years later, as US citizens
- congress doesn't care much about USCIS as long as they don't spend more money than they receive in fees and as long as US congresspersons can "mentor" people into citizenship who might afterwards vote for them out of gratitude (if the system wouldn't be so bad, there would be less reason to intervene and less reason for gratitude)
Will the Attorney help me!!!!!!!!!!!!!!!
in Removing Conditions on Residency General Discussion
Posted
No, your attorney cannot speed up the processing. Attorneys are, however, good if you are treated badly by the USCIS, e.g. are denied, because you didn't answer a request (RFE) that you have never received, compare this thread
http://www.visajourney.com/forums/index.php?showtopic=99314
Then you have better chances to fight those decisions than if you are without legal help.
To your problem: Ask the recruiter if they can accept a I-551 stamp in the passport and, if not, where you can read the regulation that they cannot. I assume that for the military with its secrets it has to keep a NOA seems too easy a target for falsifying and that they don't have procedures how to check your status at the USCIS. If they accept a stamp or you have convinced them to accept one, let them write letter on official paper that they do not accept the NOA. With this letter, make an infopass appointment, bring the usual documents (expired Green Card, NOA, biometrics letter, your passport) and ask for a stamp.
Good Luck,
Peter