Missed interview for removal of conditional residency

[rodrigotejas 0]

OK. Here's the latest update. Last week was not fun...

Called my Congresswoman's office. They were unable to help because our case is now with the Justice Department. They are trying, however, to see if they can get a copy of the letter and date that it was sent from USCIS. Haven't heard back from them yet.

Spoke with two attorneys. Both said to cancel the Infopass appointment. 1 of them went as far as to tell me that my wife might be detained. The second simply said that the USCIS people would not be able to help now that the case is with the Justice Department. Additionally, the Congresswoman's office also advised to not go to the Infopass appointment.

Our selected attorney advised that we could wait for the meeting with the Judge of the Justice Department, but in their experience what would happen is either a "No" decision or the sheduling of a hearing to review the case. The hearings are typically getting scheduled 1-2 years out! During this wait time my wife would not be able to leave the country.

The attorney went on to advise that the best approach is to re-file the I-751. Once receipt is received from the USCIS, the Justice Department would not be able to issue a ruling. At this point, my attorney will review with the Judge who will either terminate the Justice Department's case, allowing the new I-751 to go through the USCIS process or issue a continuance to review status 6 months or so down the road. Once the 2nd application eventually gets approved by the USCIC, then the Justice Department will terminate. Either way, we're looking at a long and costly process to get out of a situation created by the USCIC's dependancy on the USPS. By the way, the letter from the USCIS announcing the Decline of our I751 clearly states that the burden of proof of not receiving the interview notice lies with us.

I can not comprehend this process at all. Here's my recap: 1) USCIS sends interview notice by USPS without confirmation (uncertified mail). 2) USPS fails to deliver the mail. 3) Applicants check USCIS web site for case status update every week since application. 4) Status continually says "Initial Review" (e.g. no indication that an interview has been scheduled). 5) Applicants miss Interview as there is no indication of a meeting. 6) USCIS makes no attempt to contact applicants. 7) USCIS denies the I751 application, sends denial letter (which of course was received) and hands the case off to the Justice Department for "removal" proceedings. 8) Applicants are in shock and have to hand over major $$$ to lawyer and re-file the I751 application. 9) unclear what will happen next... Expired green card and a handful of papers indicating that my wife is still hear legally, but only a lawyer who deals with immigration can comprehend. Imagine if she gets pulled over for a traffic stop by our local police... I can't expect them to get it...

Thanks everyone for your thoughts and prayers.

Edited March 2, 2010 by rodrigotejas

[TracyTN 237]

The attorney went on to advise that the best approach is to re-file the I-751. Once receipt is received from the USCIS, the Justice Department would not be able to issue a ruling.

I'm curious about the attorney's logic here. Did he/she explain that at all? I think it may be too early in the morning for me to be grasping it on my own.

[rodrigotejas 0]

I'm curious about the attorney's logic here. Did he/she explain that at all? I think it may be too early in the morning for me to be grasping it on my own.

Essentially this is a race condition. The re-filing of the I751, 2nd biometrics, interview and approval by the USCIS vs. the scheduling of a case review with the Immigration Judge of the Justice Department. I am being told that the I751 process is faster and cheaper and will likely be completed before we ever get to Immigration court for the 1st time and certainly before any final hearing by the Judge. What a mess, all due to the reliance on the US Postal Service and a process that only attempts to contact you 1 time...

[Minya's wife 24]

Essentially this is a race condition. The re-filing of the I751, 2nd biometrics, interview and approval by the USCIS vs. the scheduling of a case review with the Immigration Judge of the Justice Department. I am being told that the I751 process is faster and cheaper and will likely be completed before we ever get to Immigration court for the 1st time and certainly before any final hearing by the Judge. What a mess, all due to the reliance on the US Postal Service and a process that only attempts to contact you 1 time...

All due respect, but you did leave the country for a month in the middle of your removal of conditions process, and IMO did not make adequate arrangements to verify your mail....like having a family member or friend check your mail and notify you of any 'important' mailings. What happened in your case is not necessarily unheard of. What confuses me is that you've waited since november for word from USCIS, and failing to receive anything you only relied on the online case status only, rather than making direct contact through calling or making an infopass appointment. Unfortunately, the wording from USCIS is absolutely correct, "the burden of proof of not receiving the interview notice lies with us" and therein lies the problem. I'm not sure that a print-out of online case status still showing 'initial review' would be considered sufficient, without additional proof of what you've done to follow-up.

I wonder did the letter you received state that your case is being forwarded to the justice department? How is it that you know this for sure? If your wife has been given 30 days for voluntary departure, it is only after those 30 days that it should go to the JD and immigration court. H.as the 30 days, which the letter states your wife has to leave the country, expired? If not, I would still make an infopass appointment and attempt to find out directly from USCIS what's what. If the fear is that your wife would be detained, you should attend in the company of legal representation, or attend the infopass appointment yourself without your wife.

Good luck

[rodrigotejas 0]

All due respect, but you did leave the country for a month in the middle of your removal of conditions process, and IMO did not make adequate arrangements to verify your mail....like having a family member or friend check your mail and notify you of any 'important' mailings. What happened in your case is not necessarily unheard of. What confuses me is that you've waited since november for word from USCIS, and failing to receive anything you only relied on the online case status only, rather than making direct contact through calling or making an infopass appointment. Unfortunately, the wording from USCIS is absolutely correct, "the burden of proof of not receiving the interview notice lies with us" and therein lies the problem. I'm not sure that a print-out of online case status still showing 'initial review' would be considered sufficient, without additional proof of what you've done to follow-up.

I wonder did the letter you received state that your case is being forwarded to the justice department? How is it that you know this for sure? If your wife has been given 30 days for voluntary departure, it is only after those 30 days that it should go to the JD and immigration court. H.as the 30 days, which the letter states your wife has to leave the country, expired? If not, I would still make an infopass appointment and attempt to find out directly from USCIS what's what. If the fear is that your wife would be detained, you should attend in the company of legal representation, or attend the infopass appointment yourself without your wife.

Good luck

While out of the country, we had our mail on hold at the post office. I went back to the post office last week to determine if mail from the USCIC would have been sent back while our mail was being held at the post office. The post office indicated that they would have held the mail along with all of the other post that we received. The USCIS site indicates that the typical processing time for an I751 is 6 months. We are now just beginning month 6 (March). No reason to think that the letter would have arrived given it would have been month 4 when it was supposedly sent and this is the first time throughout our entire K1 process that the online status is not accurate. In fact, I suspect that the letter was never sent, which is why the online status has not been updated. My Congresswoman's office may in fact be able to help obtain evidence if this is the case.

The denial letter was accompanied by a NTA (Notice to Appear) from the DHS. The notice is titled "In removal proceedings under section 240 of the Immigration and Nationality Act." The date to appear is set as TBD. So, our case is, in fact, in the hands of the Justice Department.

Regarding the Infopass appointment, I tend to agree with you. I was thinking of setting it up again and going myself.

Thanks for your thoughts.

[TracyTN 237]

Essentially this is a race condition. The re-filing of the I751, 2nd biometrics, interview and approval by the USCIS vs. the scheduling of a case review with the Immigration Judge of the Justice Department. I am being told that the I751 process is faster and cheaper and will likely be completed before we ever get to Immigration court for the 1st time and certainly before any final hearing by the Judge. What a mess, all due to the reliance on the US Postal Service and a process that only attempts to contact you 1 time...

Even at that - the facts on the original I 751 would not have changed so when it comes to adjudicating the second one, wouldn't they require that the 'missed interview' issue be resolved?

Perhaps not, I'm just thinking out loud.

[rodrigotejas 0]

Even at that - the facts on the original I 751 would not have changed so when it comes to adjudicating the second one, wouldn't they require that the 'missed interview' issue be resolved?

Perhaps not, I'm just thinking out loud.

I raised this question with my attorney and her response was that we would explain the situation to the USCIS when the time comes. She didn't see this as a major issue.

[TracyTN 237]

I suppose they're expecting an interview for that I 751. Otherwise, I don't see how there'd be a chance to explain it.