Missed RFE

[plambeach1 0]

Hello everyone

I got a letter from uscis saying that i did not send the RFE they requested and that my I751 application (had a rough divorce, filed with a waiver) was considered abandoned, and all my residency rights and employment terminated.

It further says that a denial due to abandonment may not be appealed and that i have limited motion rights. It also says that the denial is without prejudice to the filing of a new form I-751 and that I have 30 days or so to reply.

I don’t think that a motion applies to me because i don’t have actual material proof justifying me not sending the RFE on time. I had a rough time and personal issues with travel and money that resulted in this situation, and obviously i didn’t want this to happen.

I've been living in the US for more than 15 years now and the thought of having to leave truly frightens me. Do i have any options at all? Does the no prejudice part of the letter mean that i can refile? And if i do, will my residency be restored/extended until a decision is made? Do I have to pay for everything again?

I'm sorry for my bad grammar. I’m trying the best i can. Thank you all in advance. Any help is greatly appreciated it.

Edited January 29, 2014 by plambeach1

[DerekJ 0]

Hello everyone

I got a letter from uscis saying that i did not send the RFE they requested and that my I751 application (had a rough divorce, filed with a waiver) was considered abandoned, and all my residency rights and employment terminated.

It further says that a denial due to abandonment may not be appealed and that i have limited motion rights. It also says that the denial is without prejudice to the filing of a new form I-751 and that I have 30 days or so to reply.

I don’t think that a motion applies to me because i don’t have actual material proof justifying me not sending the RFE on time. I had a rough time and personal issues with travel and money that resulted in this situation, and obviously i didn’t want this to happen.

I've been living in the US for more than 15 years now and the thought of having to leave truly frightens me. Do i have any options at all? Does the no prejudice part of the letter mean that i can refile? And if i do, will my residency be restored/extended until a decision is made? Do I have to pay for everything again?

I'm sorry for my bad grammar. I’m trying the best i can. Thank you all in advance. Any help is greatly appreciated it.

"Without Prejudice" does mean that you can refile. Do so immediately. Don't wait. Not sure about the status of your residency though. You're going to want to clarify that.

[plambeach1 0]

Before I got the letter I had the extension letter from the original I751 application extending my 2 year greencard for a year and it was good through april of this year.

[Sirdaniel42 86]

Have a look at this posting, http://www.visajourney.com/forums/topic/462067-i-751-denied-on-basis-of-abandonment-help/page-2

There is some good advise given.

[Aur0ra 7]

HI PB - if I were you I would refile a new application giving them all the evidence you have within the 30 days. I think you might have to pay the full fees again

Sorry this has happened - sending some luck your way

[plambeach1 0]

Have a look at this posting, http://www.visajourney.com/forums/topic/462067-i-751-denied-on-basis-of-abandonment-help/page-2

There is some good advise given.

Thank you for the link. I read through it and there's defintetively good advice, although that case is a bit different from mine.

[plambeach1 0]

HI PB - if I were you I would refile a new application giving them all the evidence you have within the 30 days. I think you might have to pay the full fees again

Sorry this has happened - sending some luck your way

Thank you Aurora

[plambeach1 0]

What confuses me the most is that they have terminated my residency privileges, but they are allowing me to refile? Does that mean that if i were to refile will they restore my status at some point?