Fortunately, unemployment insurance is not among the government's list of benefit types that make someone a likely potential public charge. https://www.nolo.com/legal-encyclopedia/will-collecting-unemployment-during-coronavirus-outbreak-make-me-a-public-charge.html
Also see WashingtonLawHelp.org Disaster Unemployment Benefits
As one of the few on here who has experienced a denial, and is still going through this hell, despite the OPs aggresiveness and somewhat rude tone, I feel I should contribute.
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.
However, filing a fresh I-751 is the best way to go, as it not only puts you absolutely in unambiguous territory, with a fresh extension letter issues and no issues travelling,it also must be adjudicated on its merits before any court proceeding can continue or a final order of removal (which terminates your status) can be made.
If you file a new I-751 quickly enough after denial, it may even avoid an NTA in the first place.
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)."
""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)."
Hey everybody. I got my green card a week ago and want to share my experience.
I filed my docs in Feb 2017. Two months before that I filed for divorce. It was supposed to be finalized by Summer 2017. Our marriage was pretty short due to some issues that arose from nowhere. We separated. After more than a year I filed for a divorce. My package included some basic docs like bank statements, apartments leases, bills, few pictures, insurances, tax returns and something else what I already forgot. I was a bit stupid not to include everything I had at that time. On top of that when I got RFE I found that I didn't cover 3 months following the moment I got my 2-year GC. How dumb I was.
Here's my timeline:
- Feb 2017 filed I-751 to VSC
- Mar 2017 biometrics
- Feb 2018 some updates on the status as many people also had
- Feb 2018 received RFE and my response in a week
- May 2018 transferred to NBC
- Aug 2018 made a request online. Received response that my case was pending to be scheduled for an interview
- Nov 2018 it was in my field office. The moment when it got there is unknown. Tier 2 officer said in Jan 2019 that a response for my 2nd request was made from my field office NYC.
- Mar 2019 received an interview invitation
- April 3 2019 interview
- April 13 2019 GC arrived
Interview was scheduled at 4:15pm. It was strange for me because USCIS building is closed at 3:30pm. I came to the building at 4:10. There were no people, no lines, no waiting. It seemed like everybody went home after work. I came to the floor on the invitation. No line. I was given direction to another floor. I came there. No line again. Went strait to the windows. It was 4:15. Gave my letter and was advised to have a seat. There were like 20 people in the room. Seems like they were couples. I just sat on a chair and in 30sec my IO came out. Huh I didn't even have a chance to get nervous.
So we went to her cubicle. After that everything was straight. She was firm. She was asking me questions from the very beginning of our relationship, how and when we met, how we got in touch, where we lived, how we moved together, how long we lived together, questions about her relatives, when I saw them for the first time, how we paid for our living needs. Then we got to the questions about problems in our relationship and why we separated. There was a moment when my emotions took control of me when she asked one of the questions about us but I don't want to go into details, it's a bit embarrassing. Anyway she kept asking me questions. She said that I didn't have enough evidence. She asked me for more. I gave her tax transcripts, some detailed bank statements, and screenshots with our messages. Then she said that my case was still under review, if they need anything they would send it by mail. That's it.
Interview was on Wednesday. Next Monday I got online update that my card is ordered to be printed. On Wednesday it was mailed. Next day it was picked up by USPS. On Friday I got an approval letter. On Saturday the card came to my mail box.
My advise to others is to be honest. That's it. Tell your IO the truth and everything will be fine even if you don't have a lot of evidence.
The whole ROC journey took 2 years and 2 months. I hope my story can help someone.
