BaiBlueberry

5 minutes ago, Family said:

I hope you now have FOIA d for complete records of your adj/I-751 and I-290 B filings ..since all were done by attorneys.

 

You never came back w details of specific reasons given in the I-290 B denial. ..nor is it clear if you took any action other than consulting attorneys. 
 

Even if you can’t afford to hire them ..you are very smart , cool /calm as a cucumber and very capable to handle this !

 

Am also hoping you did the following:

 

1. Filed a “ late filed “ I-290 B ..mark

both motion to re open /Motion to reconsider …this is specific to the first denied I-290 B . 
Point out that there is no evidence on record that a notice of interview was ever mailed to you  Obtain an  affidavit from any old neighbor that says they have had problems w mail 

 

2. Filed a new Late Filed I-751 , mark hardship..and as noted in earlier posts state a claim on the additional reasons on last page of form . 
 

So their hold just means , no action on NTA or sending you to court 
 

 

 

 

I did not file an FOIA bc I read on some of the posts that it can delay your new case. Is this true?

As far as the I-290B, the reason was "The evidence you submitted with this motion does not overcome the reason(s) for the denial of your application or petition." I had sent a statement to point out there is no evidence on record of a notice and included screenshot from myUSCIS. I even included the USCIS responses to my 'outside of normal timeframe' requests (filed after the missed interview date stated on the I-751 denial), which said my case was still being processed and nothing out of the ordinary was going on. I didn't think of getting an affidavit from a neighbor, but the lawyer that filed my I-751 included a signed statement saying he never received a notice either.

I'm hoping you're right about the NTA. I explained everything I filed to the field agent. They said an NTA still should've been automatically sent to me after the I-751 denial or the I-290B dismissal. They said it could've been generated late, and just hadn't been sent to me yet? I'm hoping they just wanted to make sure I'm being careful, and getting ahead of it if an NTA was indeed generated.

30 minutes ago, mindthegap said:

 

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.

 

 

Thanks so much, this is really helpful! I guess I'll (hopefully) find out during the appointment.

Hello all!

As suggested by others, I called USCIS and explained that all my forms of identification are expiring. I requested an Infopass appointment, bc I need something to renew my Driver's License at the DMV. I have moved, so they gave me an appointment near my new address.

The agent I spoke with said they see that my I-751 was denied, but that they also see a hold on the case. They weren't sure what it means. They told me I should go to the field office that has jurisdiction over the case, and ask them what's going on. So, I made another appointment to go to back to the field office where my case was processed.

In the meantime, I was wondering if anyone knows what this 'hold' could be. My I-751 was denied the summer of 2021, and I never received any follow up notices about a hold on the case for review by the NBC. It seems the hold was placed after the denial based on what the field agent was able to see on their end. (Just as a reminder, my I-751 was denied on the grounds that I did not attend my scheduled interview. However, no interview notices were sent and no updates were posted on the myUSCIS Case Status portal.)

Thanks as always! 🙂

(Apologies for being late with replies, between moving, starting school again, and having some family pet issues I've been swamped)

4 minutes ago, Family said:

You need to call and outright state you ; 

1, Will lose your job and your employer has put you on notice . The financial hardship is so Gerardi that you risk losing roof over your head ( rent or mortgage os ok,) 
 

2. If  You have some urgent need to travel ( business or personal ) state your fear of dealing w CBP ..given previous denials .

 

Stress the urgency , and don’t “explain” or plead tour case w tier 1 . Insist on tier 2 . You can do this.

I actually got a job, then lost it because of my lack of paperwork to establish residency. I'm just always scared of annoying them on the phone, but I'll call back and do what you said. Thanks so much!

4 hours ago, JKLSemicolon said:

 

Have you read this page?

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

 

@mindthegap and others will have more experience with the ADIT stamp process, but if you spoke to a Tier 1 officer on the phone they likely did not give you accurate information.

 

Edit: did you receive an extension letter for the new filing?

I did think that maybe the agent didn't see my case history, and that's why they thought I wouldn't be able to receive a stamp. I am thinking of calling again to explain my case history better, and see if that changes anything. I did not receive an extension letter. I only received a fingerprint appointment invitation.

On 1/31/2023 at 10:21 AM, mindthegap said:

Yes. Depends on a variety of factors, including how quickly you filed the second one post-denial of the first. If you look in your FOIA post a denial, you would see something like this:

 

 

 

 

 

Data point:I'm on my third I-751, and, to date, no NTA from the denials of my first or second, and the eeyore (which is what I call the AUTOMATED CASE INFORMATION site, remains clear. 

Hello. Hope you have been well. Just responding to this last message, because I had a question that I thought you might be able to address. (TLDR; regarding proving continued residency while waiting for my case to be processed)

I filed my AOS case in July. Received fingerprint appointment and completed it in August.

I need verification of my continued residency status for employment/grad school purposes. Since my last I-551 stamp expired, I called USCIS to request an InfoPass appointment, however they told me I cannot receive one as my case is being processed. This makes sense since I filed a new case that doesn't have a decision yet. However, my Driver's License is set to expire in a couple months. I cannot renew it without an I-551 stamp or a letter of extension from the USCIS. Once my Driver's License expires, I will have no forms of identification that are not expired. So, I will not be able to drive, work, take a plane, or prove my identity for any background checks/etc. When I voiced these concerns to the agent I spoke with, they said they're not sure what I can do.

Did something similar ever happen to you?

The agent also said the current expected timeline for AOS is June 2027. I will need to take national board exams by then, and I'm afraid that not having any valid form of identification will cause problems for my licensure/degree program.

Thanks so much!

1 minute ago, Allaboutwaiting said:

Absolutely. Include everything you can think of.

 

And as I said, elaborate: for instance, don't just say "I'm not fluent in X language" but "The lack of communication skills will negatively affect every aspect of my life, from daily interactions to forming meaningful relationships which will lead to ostracizing and alienation. It will also limit my opportunities in regard to education and employment..."

So so thankful for you. Thank you again. I will just focus on filing based on hardship, write a statement and try to get affidavits

15 minutes ago, Allaboutwaiting said:

The window to file for removal of conditions is 90 days prior the expiration of the conditional green card. So this new filing should include a letter explaining why you are filing many years later - which would obviously be the denial-.

 

And I understand why you are confused -I am also very confused-. If you feel better checking that box, do so. But you are actually filing on your own now. 

Oh I see. Thank you so much for being patient with me. Completely makes sense now. 

Do you think it would help my case to show my involvement in US communities (volunteering, research)? One of the lawyers I had a consultation with said it might help to also argue that my absence would cause hardship for the communities I'm a part of (I volunteer a lot for low-income, first-generation students, minors, elderly, etc. communities)

14 minutes ago, Allaboutwaiting said:

I don't think you should check box 1d, just 1g.

1d literally reads "My marriage..."

 

But I do think you should include the statement - and don't forget the letter explaining the late filing-.

 

P.S.: A box not checked or checked erroneously should not cause a denial, but an RFE.

So, there is no way for me to apply based on my mom's marriage anymore? I guess it makes sense, but also not in a way since that was my initial case.

What do you mean by late filing?

11 minutes ago, Allaboutwaiting said:

It is all about how you present the facts and emphasize on the negative impact if you leave the US.

 

If you were accepted into graduate school you are already familiar with the personal statement/ statement of purpose and how convincing and compelling they must be. So the same should apply in this case: elaborate exhaustively on all the points the policy manual states that apply to you, be thorough, dwell on the minutiae.

 

And contact the ombudsman ASAP. They might act fast given the specifics of your case. 

I see. I'm just trying to clarify if I can refile based on my mom's marriage first. If that is possible, I will file based on both my mom's marriage (1d: marriage entered in good faith but ended) and extreme hardship (1g). I already have a statement regarding my mom's marriage, and can write a new one for hardship. 

15 minutes ago, Allaboutwaiting said:

Have you read this: 

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

I have. Was there anything specific you think I should be aware of? I was told it's hard to get approved unless you have a citizen or permanent resident spouse/child, or a citizen or permanent resident relative who is cared for by you. None of those apply to me. The hardships I can demonstrate are:

• Extent to which the qualifying relative has integrated into U.S. culture, including language, skills, and acculturation.

• Availability and quality of educational opportunities for qualifying relative in the country of relocation.

• Economic impact of applicant’s departure on the qualifying relative, including the applicant’s or qualifying relative’s ability to obtain employment in the country of relocation.

• Decline in the standard of living, including due to significant unemployment, underemployment, or other lack of economic opportunity in the country of relocation.

These are based on the fact that I've lived in the US for the past 11 years (haven't left for 10 years straight), and did almost all of my schooling here. I was accepted into graduate school and hope to start this summer. However, if I were to go back to the country I was born in, I would have to take a university exam and start my education/training over again, because the medical education system is completely different and US degrees are not recognized. I also do not speak my native tongue well enough since I've lived in the US for more than half my life, so it would be really difficult for me to pass the university exam in the country I was born in. Again, not sure if these would be considered *significant enough*.

36 minutes ago, Allaboutwaiting said:

On a quick search I found it does not apply for removal of conditions. 

 

My guess is you want to be a derivative of your mum's petition to avoid paying the fee of your own petition? 

Not to avoid the fee, but because I do not fit any of the categories to file on my own. 1c (spouse deceased), 1d (marriage was entered in good faith but ended), 1e (marriage was entered in good faith but I was abused), 1f (my parent entered the marriage in good faith but I was abused). The only one I was told I could apply for is 1g (extreme hardship), but that one is hard to prove apparently. 

21 minutes ago, Mike E said:

Ineffective assistance of counsel is a real thing. The original lawyer should have explained to your mother that the cases were separated. And what the consequences of that were.

Oh I see. We found out that first lawyer died (who filed our first green card application), so not sure if we can do anything about that.

Does anyone know about the Child Status Protection Act? Apparently it protects individuals who turn 21 before receiving their green card by 'freezing' their age after they file their case. My LPR status was granted when I was 15, and I submitted my I-751 when I was 17. Would I qualify for this, and be able to submit my new I-751 with my mom?

1 hour ago, Allaboutwaiting said:

You could try getting assistance from the Ombudsman, as that's exactly the kind of case they help with. Maybe they can do something despite the motion and the years that have passed. 

 

You lose nothing contacting them. 

Not that many years have passed. We received our denials in July 2021. Filed for the appeal in August 2022, and received denials of the appeal at the beginning of this year. I will fill out the ombudsman's case assistance form online. Thank u for the suggestion!

2 hours ago, Mike E said:

 

You should ask your new lawyere if you have path to a 10 year green card based on “ineffective assistance of counsel”.

 

I'm sorry, is that a real thing or were you joking? Also, they are not our actual lawyer. We could only afford a consultation so that was what they told me during that meeting.

16 hours ago, Allaboutwaiting said:

Here's the thread I was talking about. It was not ROC but AOS.

In any case, it is possible to reopen a case without filing a motion if the issue was a missing notification. 

 

 

@BaiBlueberry I am truly sorry you went through this and I wish you the best of luck on this new filing. 

 

BTW, maybe you should file a complaint against that lawyer. 

Thank you so much. It appears they called the office right away. Our lawyer had us file the I-290B. In any case, I think it might be too late to call them to reopen now. Thank you for the idea tho!

On 1/30/2023 at 1:03 PM, mindthegap said:

You are overthinking this, over complicating this, and over stressing. Before you jump down my throat for not understanding, take a look at my signature time/line below and see what I've been/am going through with USCIS, including similar to you.

 

Yes, USCIS are slow and useless. No, they largely don't care.

There may have been an interview notice sent out, there may not. If there was, it may have been tossed in the mail by the former spouse, or it may have disappeared into the USPS hole. You will probably never know. 

Either way, it doesn't matter at this point. 

 

Probably because it was not incorrect application of the law or policy by the service (which would have been grounds for re-opening) and it wasn't new information that was not considered at the time (which would have been grounds for re-consideration), so it did not meet the very narrow criteria for an I-290B. An I-290B should not have been filed in the first place - the 'lawyer' has treated it like an appeal, when it is absolutely not an appeal.

 

 

So,

1) Fire the 'lawyer'. An I-290B should never have been filed in those circumstances and should not be again.

2) Forget about the original I-751. It's done, won't be overturned, and it's history. 

3) File a new I-751 as soon as possible - you will have to pay for this again, and the biometrics again. Include everything evidence wise from the first one - the evidence in the first one will not be referenced during adjudication of the new one, so include it all again. And yes, before you ask, you are legally permitted to file multiple I-751s, so get it done. 

4) Await receipt for filing

5) Make infopass for I-551 stamp. Tell them it is urgent, book a refundable flight if you have to, as proof of imminent travel necessitating a stamp. You are legally entitled to a stamp, so get one. 

6) Await biometrics appointment or waiver letter.

7) Wait.

Thats it. Until an NTA or something else arrives, or another interview arrives, or approval arrives,  you are back in the waiting game. So get on with your life until then. You remain a permanent resident until an immigration judge says otherwise.

 

Hi! Thanks so much for your response. 

Didn’t have to fire the lawyer, he ghosted me 🙂 But yes I have prepared my moms case to refile. After doing my research I realized the original submission was… not great. The lawyer hadn’t told us affidavits have to be notarized. Pictures didn’t have descriptions or dates. So, I’ve done all that properly this time and hopefully it’ll work out this time!

On 1/29/2023 at 1:21 PM, Family said:

What is the  EXACT date of LPR for mom ? 
What is the EXACT date of LPR for you ? And how old were you on that date?
What is the date of Divorce ? 
What is the date of separation according to divorce documents? 
What is the exact date of I-751 filing ? 
How old were you on that date? 
 

LPR for mom: July 2016

LPR for me (child): February 2017, age 16

We  thought my mom and I would be filing for GC together since I was a minor at the time. We didn’t have the paperwork for our 2-year GC application bc my stepfather never gave it to us, so I requested it from the lawyer. After looking at the paper work, I realized my step father’s lawyer checked the box “my child will not be applying with me” on my moms application. So, my green card application was filed separately. This is why we believe I received my greencard after my mom. I was also given a separate interview date after my mom already had her interview.

Divorce Finalized: May 2019

Separation: End of 2018

I-751 Filing for me (child): ~2018, age 17

I don’t know the exact date for filing the i-751. Unfortunately I don’t have access to my I-751. Even after requesting it multiple times from my lawyer he never sent it to me. He would jokingly say “what, do you think i didn’t do my job correctly?” and I didn’t wanna offend him since he’s the only lawyer we could find, so i hadn’t pushed it. Since receiving denials for our i-751 cases, he hasn’t returned my phone calls. I called his office and left 7-8 messages. His secretary either tells me he’s not at the office or at the courthouse. 

On 1/29/2023 at 11:30 AM, Pinkrlion said:

You should have asked congressman to get the copies of the missed interview letters.

 

if she can prove they went to the old address and you submitted ar11 to change your address prior to filing 751, you can file a motion to reopen. 

After your comment I did, and the office told me they can’t do that. Then they said they will be closing our case at their office since our i-751 cases have been denied. So, unfortunately i think the initial i-751 is dead and gone. Only option is to refile. 

On 1/29/2023 at 11:32 AM, Family said:

Agreed. The I-751 attorney did a thorough job and included his own affidavit for non receipt of interview notice. …BUT after a quick look ( no recall nor hands on ) there may be an issue w OP ‘s I-751 basis.

Sounds like as a child whose parents divorced, her only option would have been to claim hardship to herself.

• If your parent’s spouse will not join you in the filing of a Joint I-751 Petition OR your parent has divorced his or her spouse, then you still may be eligible to file an I-751 Waiver Petition IF you can prove that the termination of your conditional residence and your removal from the United States will result in extreme hards

I 

Hello. For the past weeks I’ve been trying to speak with lawyers and assemble evidence to prove my mom’s marriage was legit (pictures, affidavits, translating documents). We also had a car crash. So, things have been hectic I apologize to everyone for going MIA.

During this process one of the lawyers told me I can only file under the hardship waiver. The options to file with a waiver are 1c (spouse deceased), 1d (marriage was entered in good faith but ended), 1e (marriage was entered in good faith but I was abused), 1f (my parent entered the marriage in good faith but I was abused), and 1g (extreme hardship). Since i wasn’t the one married and my parent was, he told me 1d would not be an option for me. I wasn’t abused by my step dad, so 1f is also not an option. I’ve been searching for threads for the hardship waiver and it seems many comments say it’s hard to prove. 
 

I came to the US as a minor and completed middle school, high school, and now completing college here. I received my 2-year green card as a minor (2016), and applied for i-751 as a minor (2018). I was accepted into grad school and hope to start this summer. I can barely speak my native language anymore and my whole life as I know it is here. Would this not be evidence enough for hardship? I do not have a citizen/permanent resident child or spouse here.

The lawyer said I can try to argue that my absence would cause hardship for the American communities i am a part of. I have been volunteering for low-income immigrant communities since high school (orphanage, elder homes, free health clinics, summer camp for children with cancer). I’m a mentor for first generation college students. I’ve been the student leading my university’s school-wide service project for the past 2 years. I’ve also been volunteering at research labs, have published a paper, and volunteer as a research ambassador at my school. The lawyer said my contribution to improvised communities and the field of science could be used to argue for extreme hardship in these communities if I were to leave. However, Im just one person so I don’t really think my absence would cause hardship for these communities, and I feel like the USCIS would see it the same way. Would any of this actually help with the extreme hardship waiver? I can get affidavits from places I volunteered.

If I really can’t file based on my mom’s good faith marriage that ended, would the extreme hardship waiver and applying for DACA (i know my application will be accepted but not processed) be my only options? 

2 minutes ago, Mike E said:

You should consider the possibility that most removal hearings are for people who have committed crimes, entered illegally, or  over stayed their visa (though that was in the past - this is no longer Biden policy)

 

 Removing LPR status of people who were denied I-751 isn’t even a rounding error.  

 

If I knew or believed I-751 based removal cases usually end in deportation I would have told you.  
 

But understand this: the USA doesn’t have infinite patience. You need to attend to this problem.  
 

It was denied because you didn’t show up for an interview. Most likely because you moved because your step father blew up his marriage and he tossed the notices in the trash.  
 

Your lawyer didn’t get notices and there is a 10 percent or higher chance it was because G-28 was not submitted or if  it was not filled out correctly. We’ve seen G-28 botches by lawyers  before. The fact your lawyer didn’t inform you that your I-751 wasn’t filed because the legal fees weren’t paid is evidence your lawyer is not competent.  So I am upgrading my 10 percent estimate to 50 percent. 

 

Or your lawyer is lying. Or isn’t actually a lawyer.  
 

While your previous case was in progress how often did you  check your case status? 

Oh I see. We have no criminal record, all taxes paid on time, so hopefully our chances are higher then. And we know this is a time sensitive issue, we will be filing at least something this monday definitely.

We moved way before, and had been receiving all USCIS correspondences at our current address. All responses to inquires, extension letters, and including the denial notice was sent to our current address. Our address is also updated on the online profile. But, we can make sure the address is not a problem of course.

Also, I may have written it confusingly, so I wanted to clarify the lawyer situation. We had separate 2 lawyers who filed our GC cases and the I-751. The lawyer who's fees weren't paid on time filed for our GC, and he was my step-dad's lawyer. So, we hired a new lawyer to when we were filing for I-751 and I-290B. It is possible our current lawyer did something incorrectly, or both. I guess filing the I-751 anew will hopefully solve this problem.

If by the previous case you mean the I-751, we checked our case status online at least once a month (took screenshots) and filed an inquiry once a year. This is why we have screenshots of the website which doesn't show an interview invite, and the inquiry which was filed a couple days after the supposed interview date. We were sent extension letters for 1 year then 6 months by the USCIS automatically for the first 1.5 years after filing. Then we had to get InfoPass appointments to get an I-551 stamp once a year. My mom got an I-551 stamp at our field office a couple weeks before we received the denial notices (after the interview date mentioned in the denial notice), and she asked the officer if she sees any updates regarding our I-751 case and the officer said there were no updates. If there was a notice sent, and we really missed an interview at that field office, wouldn't they be able to see that when my mom went in to get her stamp?

2 minutes ago, Timona said:

You didn't answer me. When did she get her GC? Year, that is

Sorry I must've missed it, 2016

3 minutes ago, Timona said:

Dis she have her GC for 5+ years by time of N400 OR had she been in the US for that time frame?? If it's the latter, she's not eligible. 

 

Anyway, both of you should refile I-751. That sorts all your problems 

She had her GC. She was in the process of I-751 while still having her GC. As I mentioned, she applied and passed her interview before the denial notices for the I-751 came. We will likely do that, and also look into the court stuff thank you so much!

11 minutes ago, Mike E said:

Yes.  

yes. 

Share your   data that says removal hearings where the conditional green card holder presents a divorce decree have low success rates. I am keen to learn. 
 

Why would it be denied? What are you not telling us?

 

Let’s assume you are denied and exhaust all appeals. Assuming you are over age 21,  your  option to stay in the U.S. requires your  U.S. citizen spouse petitioning your green card. 

I don't know how to quote specific lines so I numbered them instead to respond to some of your points. I hope it makes sense, sorry!!

1) I only googled success rates for court appeals on immigration cases, and saw 10% on google. I tried to find the link again but I've been on so many websites that I couldn't. It wasnt specific for divorce though.

2) There is nothing I haven't shared. I think it's natural to be scared that the case could get denied again if it was denied once. So, I just want to know all possible options for all possible outcomes.

3) I do not have a spouse, so that would not be possible for me

3 minutes ago, Timona said:

@nastra30 has covered some.

 

Your mother wasn't eligible to N400 under 3 year rule as she was already divorced. It seems she didn't inform USCIS when she went to her N400. You say she filed I-751 with divorce waiver option BUT did she include final divorce decree? 

 

My suggestion? Don't waste your time on lawyers. Both of you should refile I-751 to get this one fixed. Neither of you can N400 without straightening I-751.

 

P.S: Unless you're a minor, you and your mom's I-751 will be handled separately. You can send them in same envelope yet you may get receipts at different times and processed at different centers. This is USCIS load balancing. 

 

Hello! She filed her N400 under the 5 year rule. This happened while we were waiting for our I-751 cases to be finalized, so she had been living in the US for 5+ years. She already had her interview and passed, and she was told her I-751 case needs to be approved before she can be naturalized.