Awaiting Court Date For Removal Proceeding

[abetter 0]

Hello everyone we are seeking some help in the right direction. My husband applied for ten year green card before we left the USA, he was sent I-797 to extend his green card for one year. We were not able to fly back because of pregnancy and had no access to our mail and missed his biometrics. USCIS told us we could not change our address or biometrics to the country we were currently in, was that true information? His status is terminated because his form I 751 was denied. We have a notice to appear, with no set court date. Is there any appeal we can do, or any process to get back to where we were at? He would be able to apply to citizenship this year, if he met his biometrics appointment. Some report court dates going out as far as 2018, He could be a citizen this year. Also he has not be able to apply for drivers license, but someone in immigration told him maybe he could apply for a work permit, We are looking for a lawyer locally, and we may take Avvo fifteen minute law help, because online some lawyers said we maybe able to reapply for removal of his condition, but what would that do? Would we still need to go to court? I noticed that if we do not ask the right question we do not get all the answers sadly. If we can apply before we have a set court date then we need to do it this weekend.

Is the any possible questions that we are missing, anything we should know? Any help is great. We really would like to settle our life now, with fourth child coming, we need help please. If we can apply for removal of condition on his green card we would do it today if it would make any different or even allow him to drive or move forward. USCIS local office said he is legal and able to work and everything, till the judge takes a decision.

Thank you

[onye uwaoma 131]

Hello everyone we are seeking some help in the right direction. My husband applied for ten year green card before we left the USA, he was sent I-797 to extend his green card for one year. We were not able to fly back because of pregnancy and had no access to our mail and missed his biometrics. USCIS told us we could not change our address or biometrics to the country we were currently in, was that true information? His status is terminated because his form I 751 was denied. We have a notice to appear, with no set court date. Is there any appeal we can do, or any process to get back to where we were at? He would be able to apply to citizenship this year, if he met his biometrics appointment. Some report court dates going out as far as 2018, He could be a citizen this year. Also he has not be able to apply for drivers license, but someone in immigration told him maybe he could apply for a work permit, We are looking for a lawyer locally, and we may take Avvo fifteen minute law help, because online some lawyers said we maybe able to reapply for removal of his condition, but what would that do? Would we still need to go to court? I noticed that if we do not ask the right question we do not get all the answers sadly. If we can apply before we have a set court date then we need to do it this weekend.

Is the any possible questions that we are missing, anything we should know? Any help is great. We really would like to settle our life now, with fourth child coming, we need help please. If we can apply for removal of condition on his green card we would do it today if it would make any different or even allow him to drive or move forward. USCIS local office said he is legal and able to work and everything, till the judge takes a decision.

Thank you

what was the reason stated for the denial?

[Hypnos 6,576]

He was correctly denied, so any appeal is unlikely to be successful. Failure to appear for biometrics is an automatic denial. Your pregnancy did not prevent him from returning to the US.

It isn't clear from your post what the exact timeline is here. It would be helpful if you could include that, giving the approximate dates he received his green card, left the country, filed his I-751, and so on.

How was he able to re-enter the US? Did he enter while it was still pending and then it was later denied?

Since his I-751 has been denied then he is out of status and does not have employment authorisation.

Edited January 11, 2015 by Hypnos

[Penguin_ie 5,994]

He would not be elligible for citizenship, because that requires a certain amount of physical presence in the USA which it doesn't sound like he would fullfill.

Hypnos has some crucial questions so we can help you better- mainly, are you two currently in the USA or abroad? If in the USA, how did he get back, and when?

[smokey68 0]

Why would he leave the country before doing bio? That was a big mistake or if you do leave make sure you have access to ur mail so you know what's going on I think that was negligence on ur path ..you have to wait for the court date ,or make on appointment for info pass and see if he can get his,passport stamp so he can work and get his drivers licience

[NancyNguyen 1,657]

Why would he leave the country before doing bio? That was a big mistake or if you do leave make sure you have access to ur mail so you know what's going on I think that was negligence on ur path ..you have to wait for the court date ,or make on appointment for info pass and see if he can get his,passport stamp so he can work and get his drivers licience

Stamp for what?

[Pinkrlion 2,724]

How long were you gone? How and when did u come back? Due to pregnancy....are you saying more than 9 months? It sounds like your 751 was denied due to you were no longer in the US. You will need legal counsel.

[Cathi 5,757]

Why would your pregnancy prevent HIM from entering the country?

[Ms Hogan 295]

Definitely need a timeline in order to help out. You talk about now having a FOURTH child on the way? Is this another child after the on you were pregnant with while he could not travel back to the US? Or is this the same pregnancy that is currently causing you to not be able to travel? Why can't your husband travel without you?

Other posters already mentioned that applying for citizenship is probably not an option because it sounds like he has been out of the country for too long.

I'm curious about the part where you were told that he is still legal to work. If you miss your biometrics appointment you are then considered to have abandoned the process, from my understanding. Wouldn't that also make your extension letter invalid? I don't KNOW, I'm asking.

Giving a better explanation of dates and timelines would help everyone here to offer their best advice. Otherwise it is hard to know.

[Boiler 45,564]

Perhaps he got back nwith the extension letter certainly seems he is in US.

Might be quicker to re petition?

Sounds more a case for a local lawyer.

[raven52 233]

it would seem to me, that you are going to need a good immigration attorney, as like some others here, you have not given us any reason he did not return for his bio., as that is a must.

Maybe there is a reason, but there are so many things going on here, and if you have to go before a "court of law, and a judge" I would surely want a very good attorney, and maybe all you can do is "throw your situation" to the mercy of the court, and get a second chance.

Keep us informed, and good luck!

[Cathi 5,757]

it would seem to me, that you are going to need a good immigration attorney, as like some others here, you have not given us any reason he did not return for his bio., as that is a must.

Maybe there is a reason, but there are so many things going on here, and if you have to go before a "court of law, and a judge" I would surely want a very good attorney, and maybe all you can do is "throw your situation" to the mercy of the court, and get a second chance.

Keep us informed, and good luck!

there is no such thing as "throwing yourself at the mercy of the court" in immigration. He did not have a valid reason to not show up for biometrics, his wife being pregnant isn't an excuse he could have traveled without her. Also it's obvious he has been living outside the US, he is required to reside here, not in another country.

[Boiler 45,564]

I am going to wait until the OP comes back, too many possible permutations.

[lovelylife 1]

Anybody knows if the letter of extension one year for removing condition it start from the receipt date on the letter or from the date of 2 year conditional green card expires?

[Ms Hogan 295]

Anybody knows if the letter of extension one year for removing condition it start from the receipt date on the letter or from the date of 2 year conditional green card expires?

receipt date