I-751 denied, need help please

[daisy78708 0]

August of 08 I got a letter from USCIS about my N-400 denial, and the reason was because I failed to appear for my I-751 interview (I had my I-751 and N-400 interview at the same time last April but had to sent more documents). I didn't file for an appeal about my N-400 denial because I was going to get a divorce, and I don't know if why they said that I failed to appear for my I-751 interview because before my interview date I went and had infopass to re-schedule my interview, I even have a copy of the letter and signature of the officer that I reschedule my interview. Now after the N-400 denial letter I didn't get nothing from the mail about my I-751. I want to re-apply for another I-751 based on a good faith marriage but I'm still waiting for my divorce to be finalize, and it's not until March 1st. My question is my one year extension for my green card is going to expired next week, what should I do? Should I get another infopass and see if they will give me another extension since I haven't got anything yet about my I-751 denial? Can I re-apply after I will get my divorce decree?

Please help me , I really don't know what to do anymore.

Thank you!

[DEDixon 39]

This might help you: http://britishexpats.com/forum/showthread.php?t=520652

[3600rs 24]

August of 08 I got a letter from USCIS about my N-400 denial, and the reason was because I failed to appear for my I-751 interview (I had my I-751 and N-400 interview at the same time last April but had to sent more documents). I didn't file for an appeal about my N-400 denial because I was going to get a divorce, and I don't know if why they said that I failed to appear for my I-751 interview because before my interview date I went and had infopass to re-schedule my interview, I even have a copy of the letter and signature of the officer that I reschedule my interview. Now after the N-400 denial letter I didn't get nothing from the mail about my I-751. I want to re-apply for another I-751 based on a good faith marriage but I'm still waiting for my divorce to be finalize, and it's not until March 1st. My question is my one year extension for my green card is going to expired next week, what should I do? Should I get another infopass and see if they will give me another extension since I haven't got anything yet about my I-751 denial? Can I re-apply after I will get my divorce decree?

Please help me , I really don't know what to do anymore.

Thank you!

The N400 denial came because of an NO SHOW at the JOINT 751 interview. And an NO SHOW at a 751 interview is technically a denied 751. ( correct me if I am wrong ).

The officers signature confirming the reschedule will help you solve these problems which was not your fault. Go for the new interview. There maybe some confusion within their own systems as one officer rescheduled and the other presumed you didn't attend your interview. USCIS at its best.

BUT regardless of the 2 denials, you MUST refile a WAIVER 751 because of divorce AS SOON AS you get a decree.

An INFO PASS will be a good start for the extension stamp and unfair denial. You are and will be a permanent resident until an IMMIGRATION JUDGE says no.

Also take immigration advice from a lawyer experienced in N400 denials and food faith waivers.

[3600rs 24]

August of 08 I got a letter from USCIS about my N-400 denial, and the reason was because I failed to appear for my I-751 interview (I had my I-751 and N-400 interview at the same time last April but had to sent more documents). I didn't file for an appeal about my N-400 denial because I was going to get a divorce, and I don't know if why they said that I failed to appear for my I-751 interview because before my interview date I went and had infopass to re-schedule my interview, I even have a copy of the letter and signature of the officer that I reschedule my interview. Now after the N-400 denial letter I didn't get nothing from the mail about my I-751. I want to re-apply for another I-751 based on a good faith marriage but I'm still waiting for my divorce to be finalize, and it's not until March 1st. My question is my one year extension for my green card is going to expired next week, what should I do? Should I get another infopass and see if they will give me another extension since I haven't got anything yet about my I-751 denial? Can I re-apply after I will get my divorce decree?

Please help me , I really don't know what to do anymore.

Thank you!

The N400 denial came because of an NO SHOW at the JOINT 751 interview. And an NO SHOW at a 751 interview is technically a denied 751. ( correct me if I am wrong ).

The officers signature confirming the reschedule will help you solve these problems which was not your fault. Go for the new interview. There maybe some confusion within their own systems as one officer rescheduled and the other presumed you didn't attend your interview. USCIS at its best.

BUT regardless of the 2 denials, you MUST refile a WAIVER 751 because of divorce AS SOON AS you get a decree.

An INFO PASS will be a good start for the extension stamp and unfair denial. You are and will be a permanent resident until an IMMIGRATION JUDGE says no.

Also take immigration advice from a lawyer experienced in N400 denials and food faith waivers.

Now your 3 year marriage based N400 is void since you'll be refiling a food faith waiver where the 5 year rule applies. Pretty much both your applications are of little use since your in divorce proceedings.

[rika60607 215]

My impression was that one becomes "out of status" and hence can't work or travel if I-751 is not filed within the 90 day window or if it is filed and denied. Whether you actually received a letter from USCIS or not - does not matter. The letter may never come, but the date when decision was made is when you become "out of status".

Hence, you may still be a permanent resident until the judge says no, but you effectively lose the rights of the permanent resident way before you appear in front of the judge.

USCIS will start removal proceedings, but if you divorce before removal started - you can just file I-751 with a waiver and you will be in status again as soon as you receive the receipt.

Good luck,

R

An INFO PASS will be a good start for the extension stamp and unfair denial. You are and will be a permanent resident until an IMMIGRATION JUDGE says no.

Also take immigration advice from a lawyer experienced in N400 denials and food faith waivers.

[mooninlove 1]

August of 08 I got a letter from USCIS about my N-400 denial, and the reason was because I failed to appear for my I-751 interview (I had my I-751 and N-400 interview at the same time last April but had to sent more documents). I didn't file for an appeal about my N-400 denial because I was going to get a divorce, and I don't know if why they said that I failed to appear for my I-751 interview because before my interview date I went and had infopass to re-schedule my interview, I even have a copy of the letter and signature of the officer that I reschedule my interview. Now after the N-400 denial letter I didn't get nothing from the mail about my I-751. I want to re-apply for another I-751 based on a good faith marriage but I'm still waiting for my divorce to be finalize, and it's not until March 1st. My question is my one year extension for my green card is going to expired next week, what should I do? Should I get another infopass and see if they will give me another extension since I haven't got anything yet about my I-751 denial? Can I re-apply after I will get my divorce decree?

Please help me , I really don't know what to do anymore.

Thank you!

I would make an infopass if I were you and sort this out and see if they could grant you extension too. You have documentation that you request for rescheduled interview. Sorry if I'm nosy but was the reason for rescheduling your interview is you're on the verge of getting a divorce?? Since you're getting divorce, you have to re-apply for I751 waiver and start again. On your N400 they looked back at your previous filed paper and they probably stumbled upon something that is the failed to show on your interview which is not your fault which trigger the denial. You can still file N400 when you reached your 5 yrs eligibility but I would worry more for the I751 and have this fixed before it's too late. Best of luck kabayan. Sana maayos mo 'to.

[3600rs 24]

My impression was that one becomes "out of status" and hence can't work or travel if I-751 is not filed within the 90 day window or if it is filed and denied. Whether you actually received a letter from USCIS or not - does not matter. The letter may never come, but the date when decision was made is when you become "out of status".

Hence, you may still be a permanent resident until the judge says no, but you effectively lose the rights of the permanent resident way before you appear in front of the judge.

USCIS will start removal proceedings, but if you divorce before removal started - you can just file I-751 with a waiver and you will be in status again as soon as you receive the receipt.

Good luck,

R

Aliens in removal proceedings work, travel, and conduct business legally. These proceedings take years to finalize and the government doesn't want to make the alien their burden because of no status.

Daisy, you can work, travel, drive like any other permanent resident till you file a new 751. Even if it gets denied in front of a judge you hold the same rights.

All my 2 cents, I am no legal expert or lawyer, just the average bloke next door. I would like experts to comment.