I-751 denied in December 2015(March 7th today)

[tegreen 0]

dont leave the country unless you get this sort out

Ok. I really really really have to and want to do so but it seems I shouldn't until get this sort out. Thanks minions2.

[Harmonia 211]

Ok. I really really really have to and want to do so but it seems I shouldn't until get this sort out. Thanks minions2.

You could already be in deportation proceedings. You DEFINITELY shouldn't leave the country until you've sorted out your case.

I'm confused why you are expecting an interview. Did USCIS re-open your I-751 case? My understanding is when the I-751 is denied, you'll get an NTA (Notice to Appear) in immigration court to start deportation proceedings. So that wouldn't be an interview with USCIS.

Edited March 8, 2016 by Harmonia

[milimelo 4,568]

I would get your congressman or senator's immigration aide involved to help sort this out.

And don't go anywhere out of the US until you have a valid green card in hand!

[EM_Vandaveer 2,417]

I'd refile ASAP, would include an explanation on how your case has been denied because you did not receive the interview letter. As to see if you are in removal proceedings:

Follow the following steps:

1. Find your Alien Registration Number (A#). It is on the I-94 card on your passport, greencard, work permit or any other document from immigration. It looks like: A99 999 999.

2. Call 1-800-898-7180. This is the hotline for the immigration court (EOIR).

3. Press 1 for English or 2 for Spanish.

4. Enter your A-number and listen for instructions. If your number is in the system, then this means that

you had a deportation case at some time.

5. Press 3 to find out if an immigration judge ordered deportation (removal) against you.

6. If the hotline says you have a deportation/removal order, consult a lawyer specializing in immigration deportation before you go to the immigration office, leave the country, or try to adjust status.

Edited March 8, 2016 by EM_Vandaveer

[Hypnos 6,578]

It would take longer than three months from an I-751 denial to being referred to immigration court; they are backlogged and don't operate remotely close to that quickly.

[EM_Vandaveer 2,417]

It would take longer than three months from an I-751 denial to being referred to immigration court; they are backlogged and don't operate remotely close to that quickly.

So why not re-file ASAP? I don't see how they could resurrect the denied petition.

[tegreen 0]

I am meeting an attorney later.

[tegreen 0]

Thanks for your help. I just called hotline and it is not in the system.

What does that mean? Is that good thing? I mean not worst right??? I am in still bad situation but not worst. Just bad bad...yes?

I am meeting an attorney in an hour anyway. I just hope for good.

I'd refile ASAP, would include an explanation on how your case has been denied because you did not receive the interview letter. As to see if you are in removal proceedings:
Follow the following steps:

1. Find your Alien Registration Number (A#). It is on the I-94 card on your passport, greencard, work permit or any other document from immigration. It looks like: A99 999 999.

2. Call 1-800-898-7180. This is the hotline for the immigration court (EOIR).

3. Press 1 for English or 2 for Spanish.

4. Enter your A-number and listen for instructions. If your number is in the system, then this means that
you had a deportation case at some time.

5. Press 3 to find out if an immigration judge ordered deportation (removal) against you.

6. If the hotline says you have a deportation/removal order, consult a lawyer specializing in immigration deportation before you go to the immigration office, leave the country, or try to adjust status.

it's not in the system

[nitehero 6]

Thanks for your help. I just called hotline and it is not in the system.

What does that mean? Is that good thing? I mean not worst right??? I am in still bad situation but not worst. Just bad bad...yes?

I am meeting an attorney in an hour anyway. I just hope for good.

it's not in the system

It's good to hear your number isn't in the system yet. I believe the lawyer will have better answers to all your questions when you meet.

[tegreen 0]

Before yesterday I had no way to know my case was denied.

They never sent the denial letter. I checked my status everyday. With the first number it says it doesn't exist. The second number it says"On March 4, 2015, we received your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number...and sent you the receipt notice that describes how we will process your case...... It's the same when I call to see my status.

and before yesterday our plan was we go to Japan in two weeks together and I stay in Japan and work for about 7 months there and come back.

But now if I leave I can not comeback in unless we have to do something.

What are the thing(procedures)we have to take for me to be able to enter the US again if I leave the country as my husband and I planed before we found out about the denial? We were planning to live apart for 7months anyways, if it is a year to two years we can do it. I know we have to work with attorney and cost more.

But it seems better option for long run financially... My husband seems that he prefers that option. I should know how much risk is out there for me to not be able to come back in or it takes like 10 years or something although the attorney said would not take that long. It would about a little more than a year. The attorney and I didn't talk about it further because the time was up.

What are your thoughts if my husband and I don't mind living apart for more than a year? What should we consider? What do you think I don't know about? Any suggestions and ideas or anything I would appreciate.

Information. We will correct all the things that our marriage didn't look like in good faith to the government as the attorney told me today either way.

We don't make much money. It is better for us I go back to my country and work to save money to buy a house. Because we can't afford renting a house.

This plan was and is to save our marriage(in our thoughts).

[Harmonia 211]

What did the attorney say yesterday? It sounds like he was saying you'd have a 10 year ban and need to do a waiver? You really need to better understand what your status is *now*, not what *could happen* assuming you're denied. Are you out of status and accumulating unlawful presence? Are you actually even denied?

You think its denied because you called USCIS and they said its denied? Did you do an INFOPASS in person to get information?

If you've been or will be served with a NTA in Immigration Court, and you get deported in absentia because you're in Japan, it will be extremely difficult to ever return. Don't look at it like, I'll just leave for 7 months on my own, earn money, and a lawyer will sort it out. Please educate yourself by speaking with at least one, if not several, attorneys.

To return after a deportation, it requires an I-212 and an I-601 where you must prove your spouse would experience extreme hardship if you aren't allowed to return and prove he can't live without you. If you've voluntarily left, how would you prove that? You could end up banned and never able to come back into the US. Its not a matter of following a procedure and you're allowed back. Its not filling out paperwork and you're allowed back. It is a risk, a challenge, and discretionary. If you voluntarily separate from your husband for months at a time, an adjudicator would probably not buy any argument that he'd have extreme hardship without you...

I hope you understand the gravity of the situation and do not leave the country. I also think you need to speak with some more attorneys ASAP to get better information. Time is up isn't acceptable. This is your life and your marriage here!

Before yesterday I had no way to know my case was denied.

They never sent the denial letter. I checked my status everyday. With the first number it says it doesn't exist. The second number it says"On March 4, 2015, we received your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number...and sent you the receipt notice that describes how we will process your case...... It's the same when I call to see my status.

and before yesterday our plan was we go to Japan in two weeks together and I stay in Japan and work for about 7 months there and come back.

But now if I leave I can not comeback in unless we have to do something.

What are the thing(procedures)we have to take for me to be able to enter the US again if I leave the country as my husband and I planed before we found out about the denial? We were planning to live apart for 7months anyways, if it is a year to two years we can do it. I know we have to work with attorney and cost more.

But it seems better option for long run financially... My husband seems that he prefers that option. I should know how much risk is out there for me to not be able to come back in or it takes like 10 years or something although the attorney said would not take that long. It would about a little more than a year. The attorney and I didn't talk about it further because the time was up.

What are your thoughts if my husband and I don't mind living apart for more than a year? What should we consider? What do you think I don't know about? Any suggestions and ideas or anything I would appreciate.

Information. We will correct all the things that our marriage didn't look like in good faith to the government as the attorney told me today either way.

We don't make much money. It is better for us I go back to my country and work to save money to buy a house. Because we can't afford renting a house.

This plan was and is to save our marriage(in our thoughts).

Edited March 9, 2016 by Harmonia

[katiana_ramirez 1]

First of all you have to see an immigration lawyer as soon as possible. don't wait for interview, they send you for interview after RFE, but once the application is denied, the case is transfered to the immigration court. it may take months to schedule an appointment in front of judge. don't leave the country before you fix your status, now it's like you're on deportation process.

good luck!

[tegreen 0]

I would get your congressman or senator's immigration aide involved to help sort this out.

And don't go anywhere out of the US until you have a valid green card in hand!

What do you mean by my congressman or senator's immigration aide? Do you mean if I know congressman? which I don't unfortunately...

If that's not what you mean how can I get aid?

[tegreen 0]

What did the attorney say yesterday? It sounds like he was saying you'd have a 10 year ban and need to do a waiver? You really need to better understand what your status is *now*, not what *could happen* assuming you're denied. Are you out of status and accumulating unlawful presence? Are you actually even denied?

You think its denied because you called USCIS and they said its denied? Did you do an INFOPASS in person to get information?

If you've been or will be served with a NTA in Immigration Court, and you get deported in absentia because you're in Japan, it will be extremely difficult to ever return. Don't look at it like, I'll just leave for 7 months on my own, earn money, and a lawyer will sort it out. Please educate yourself by speaking with at least one, if not several, attorneys.

To return after a deportation, it requires an I-212 and an I-601 where you must prove your spouse would experience extreme hardship if you aren't allowed to return and prove he can't live without you. If you've voluntarily left, how would you prove that? You could end up banned and never able to come back into the US. Its not a matter of following a procedure and you're allowed back. Its not filling out paperwork and you're allowed back. It is a risk, a challenge, and discretionary. If you voluntarily separate from your husband for months at a time, an adjudicator would probably not buy any argument that he'd have extreme hardship without you...

I hope you understand the gravity of the situation and do not leave the country. I also think you need to speak with some more attorneys ASAP to get better information. Time is up isn't acceptable. This is your life and your marriage here!

>>Are you actually even denied?

Maybe I am not. Maybe I am.

I went to local center March 7th to get a stamp believing my case was pending. One of my application doesn't exist the second one is sill pending. There I was told my case was denied on 12/2/2015 and they took my greencard. I called USCIS service center twice that day. The immigration offices told me it was denied. To make a move getting the reason of denila I asked to send me the denial letter. I called again today. The immigration officer I talked today told me it was denied by the person in charge of my case but it is not completed yet that is why I have never received a denial letter. Since I requested the day before yesterday, I should be receaving the letter by March 22nd.

So, I don't know if I am denied or not denied.

I

[Harmonia 211]

>>Are you actually even denied?

Maybe I am not. Maybe I am.

I went to local center March 7th to get a stamp believing my case was pending. One of my application doesn't exist the second one is sill pending.

You have 2 applications?