I-751 DENIED !! :(

[iLLbanianKid25 1]

US Citizenship and immigration services sent you a notice requesting evidence in support of your petition to remove conditions on residence form i 751. Pursuant to 8CFR 10.32b you were granted until november 3, 2011 to respond.

USCIS NOTES THAT:

a. You did not respond within the time period allowed, or

b. The notice, which used your most recent mailing address that USCIS had on record, was returned to USCIS was undeliverable.

Therefore, your petition is considered abandoned and is denied per 8 CF3 103.2b/13. This denial is without prejudice to the filing of a new form I-751.

According to section 216c / 2 / a of the immigration and nationality act / the act / your permanent residence status is terminated as of the date of this letter. All rights and prevliges that you derived from that status, including the right to reside and work in the United states are terminated.

A denial due to abandonment may not be appealed, However, there are limited motion rights. You may file a motion to reopen a petition or application denied due to abandonment with evidence that the decision was in the eorror because:

1. The requested evidence was not material to the issue of eligibility,

2, The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or apperance was complied with during the alloted period or

3. The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised USCIS in writing, of a change of address or change of representation subsequent to fling abd before USCIS request was sent, and the request did not go to the new address.

If you believe this decision to be in error, you may file a motion to reopen on form I-290b, notice of appeal or motion. It must be filed within 33 days of this notice with the appropriate filing fee to....

I sent the "REQUESTED EVIDENCE to them on November 2nd overnight so they got it on the 3rd as far as my address i have no idea ####### the're talking about....please help me. My wife is 7 months pregnant and there's no way she's getting on a plane going back home...

[iLLbanianKid25 1]

Please tell me what my next steps are and what I need to send them as evidence...

[villaspurs 65]

Do you have a receipt showing they received your RFE response? Is there a signature associated with it? That would be a great piece of evidence to provide that you did respond. Good luck!

[A16!!24A 5]

why dont you appeal? if you sent everything overnight and ask what you can do to fix this error maybe they can give you the precise reason for their denial, dont panic just call and talk to a person... good luck

[iLLbanianKid25 1]

Do you have a receipt showing they received your RFE response? Is there a signature associated with it? That would be a great piece of evidence to provide that you did respond. Good luck!

No i never got anything back from them until today which was the termination letter, i also don't know where i left my USPS receipt the day I sent it.

why dont you appeal? if you sent everything overnight and ask what you can do to fix this error maybe they can give you the precise reason for their denial, dont panic just call and talk to a person... good luck

I have to call tomorrow and find out what's going on because i sent all the papers with all the evidence they asked for it.

I am expecting a son that's more important for me at this point...but at the same time this is a serious matter as well.

[adiiann 163]

When I sent my response to RFE last Nov 29, 2012, and USPS says that my mail wasn't deliver on the day it is supposedly deliver, I went to our local USPS office and verified it. When I told them that its important document for immigration and I need to make sure that things get there and they received it, just in case I need to prove in the court. The manager of my local USPS office called the local USPS office of Laguna Nigel to know what's going on, and they told her that as soon as USCIS picked all other mails, they will sign it and pick up the mail.

[villaspurs 65]

Bear in mind when you call that they have no reason to believe you sent the requested materials, particularly since you don't have any evidence of sending it. I would pull everything together again ASAP so you have it on hand if they give you a chance to send it in. Have you looked at the forms they told you to file to reopen the case? What do they ask for? Having all of that ready ASAP is essential.

[iLLbanianKid25 1]

When I sent my response to RFE last Nov 29, 2012, and USPS says that my mail wasn't deliver on the day it is supposedly deliver, I went to our local USPS office and verified it. When I told them that its important document for immigration and I need to make sure that things get there and they received it, just in case I need to prove in the court. The manager of my local USPS office called the local USPS office of Laguna Nigel to know what's going on, and they told her that as soon as USCIS picked all other mails, they will sign it and pick up the mail.

There's nothing i can do without a USPS receipt though...plus this was shipped Nov 2nd 2011...

Bear in mind when you call that they have no reason to believe you sent the requested materials, particularly since you don't have any evidence of sending it. I would pull everything together again ASAP so you have it on hand if they give you a chance to send it in. Have you looked at the forms they told you to file to reopen the case? What do they ask for? Having all of that ready ASAP is essential.

Form I - 290B

[Harpa Timsah 13,258]

The letter says you can refile I-751 with no prejudice. I'd spend some time figuring out what happened, but know that worst case scenario, you just file again. Your wife and son-to-be are fine.

[VanessaTony 3,567]

The letter says you can refile I-751 with no prejudice. I'd spend some time figuring out what happened, but know that worst case scenario, you just file again. Your wife and son-to-be are fine.

Concur. It says you can't appeal due to abandonment. I wouldn't waste the money. I would just re-file unless you have that receipt and evidence the documents were sent and received by USCIS. If you have that evidence you would make an INFOPASS or get your senator involved.

You don't need the stress though. It was denied without prejudice so just re-file and this time remember to include whatever you were RFE'd for so you don't get RFE'd again

p.s. your wife and son aren't going anywhere.

[mr and mrs 187]

did you send the RFE back on the day before it was due? (due 3 nov, overnighted 2 nov?)

documents are generally not considered to be 'received' by USCIS until they have been logged onto the system, a couple of days after delivery to the service center.

dont stress too much. it will bet sorted out one way or another.

[iLLbanianKid25 1]

ok so i just found the receipt.....

acceptance date 11/2/11

11/3/11 so i am guessing they got it on the 4th scheduled date of delivery"

but this one doesnt have the tracking code ...this one is just my information and a stamp...

ok just found the white receipt now it says "SIGNATURE REQUESTED but i never got anything back"

Edited January 27, 2012 by iLLbanianKid25

[VanessaTony 3,567]

ok so i just found the receipt.....

acceptance date 11/2/11

11/3/11 so i am guessing they got it on the 4th scheduled date of delivery"

but this one doesnt have the tracking code ...this one is just my information and a stamp...

Sometimes they give you a leeway but it appears they didn't receive yours in time. You'll have to re-file.

[Steve D. 22]

Just FYI, for important materials like this, ALWAYS mail it CERTIFIED, not only you will have a proof of mailing, you would also get a green post card back to you with whomever signed for it too. That's a double insurance for a little more.

I don't think you need to worry too much, sometimes a day late in the computer can be rationalized with human, and a little extra work as you shouldn't response that RFE that late anyway.

[Wyatt's Torch 45]

This is a good example why one needs to treat important documents with a certain level of respect. When you have a three-month window to file, it makes no sense to send it on the day before it's due. No offense, but being prepared is a huge part of the entire USCIS process, and is generally a major life skill as well.

But like others have said, you have a lot of recourse here. Good luck.