My divorce is currently in progress, as well as my I-751 petition, which I filed jointly with my husband in January 2024. In March of this year, we began divorce proceedings.
Last month, I sent a letter to USCIS to formally request a waiver of the joint filing requirement and to inform them that I would submit the final divorce decree once it becomes available.
However, this weekend I received an acknowledgment letter from USCIS stating that I had requested to withdraw my petition, which is completely false—I never made such a request.
Today, I consulted with two different immigration attorneys, but they each gave me conflicting advice, which has left me unsure about the best next steps.
One advised me to refile I-751.
The other one told me that my case was closed already and my next step is to go to court since the letter stated the following:
”Therefore, in accordance with INA 216, your CPR status is hereby terminated. There is no appeal to the decision. However, you will have the opportunity to seek review of this decision in removal proceedings before an immigration judge. See INA 216(c)(2)(B); and 8 CFR 216.4(a)(6).”
I would like to know if anyone here has any advice to offer or has experienced a similar situation.
Thank you.