Help with denied I-751 application

[caliliving 606]

Reasons i belived you were avoiding the judge.

If you do see a judge have a competent lawyer. You are deportable.

i agree here! i think the fact that you obviously got a denial and left and did not follow through shows that you had problems with your marriage and knew you could not show it was real.

[Jamesguamsi 1]

i agree here! i think the fact that you obviously got a denial and left and did not follow through shows that you had problems with your marriage and knew you could not show it was real.

I haven't left the country since I received the denial, this happened last month. Am hoping they send the NTA but they haven't.

[caliliving 606]

woah so this happened last month and you are already married to someone else??????

i think their is defintely something very very wrong here and you arent telling us the entire story. i also think that the officers are trained and know what they are doing when they gave you the NOID.

[Jamesguamsi 1]

woah so this happened last month and you are already married to someone else??????

i think their is defintely something very very wrong here and you arent telling us the entire story. i also think that the officers are trained and know what they are doing when they gave you the NOID.

I submitted my I-751 application in June 2014, I got divorced in July 2015 and remarried in November 2015, I received the NOID March 2016 and denial August 2016.

[Anitafeliz 1,133]

Im confused about this timeline

[Jamesguamsi 1]

I know right, for more than a year, I wasn't invited for an interview for my I-751 application (application to remove conditions on green card)

[chicha 9]

I haven't left the country since I received the denial, this happened last month. Am hoping they send the NTA but they haven't.

I advise that you act quickly because you may have more options before NTA arrives (to resurrect the case some how). Make sure you find a good lawyer who knows what they are doing and is not t take advantage of your precarious situation. There are some users who also fixed their own I-751 denials on the forum (I remember reading the I-751 saga of a user whose name is nananto. Look these up to help yourself...

[Cheezees 1,514]

I submitted my I-751 application in June 2014, I got divorced in July 2015 and remarried in November 2015, I received the NOID March 2016 and denial August 2016.

Look at your timeline from our point of view.

June 2014 you filed for ROC. This means the lastest your GC would have expired was September 2014 and the latest the 1-yr extension letter would have expired was September 2015.

In July 2015, you filed for divorce. At that point you were entitled to :

a. Wait out the process for approval before September 2015 at the latest

b. Wait but be picked for an interview at which point you could have switched to a divorce waiver

b. Contact USCIS immediately on your own and switch to a divorce waiver

When September 2015 rolled around and your ROC still had not been processed, you did nothing about it. With the conditions of your permanent residency not lifted, you were out of status. You never informed USCIS of the divorce even after you were outside of the normal processing time. This makes it seem like you were trying to hide the fact that the marriage upon which the ROC was based had dissolved.

In November 2015, a mere 4 months after filing for divorce you were already married. Still not hearing any news about your ROC, you did nothing.

In March 2016, you received a NOID. Did you contact a lawyer? USCIS? Nope!

In August 2016, you received the denial (for whatever reason) they said would follow. What have you done? You came to VJ letting us know you were ready to file a new application, you want to avoid facing an immigration judge, and you want to know your chances of success at both of the aforementioned.

What we are saying is that you will not be successful. You are deportable. This is no longer a DIY case for you. Seek counsel.

[Jamesguamsi 1]

I advise that you act quickly because you may have more options before NTA arrives (to resurrect the case some how). Make sure you find a good lawyer who knows what they are doing and is not t take advantage of your precarious situation. There are some users who also fixed their own I-751 denials on the forum (I remember reading the I-751 saga of a user whose name is nananto. Look these up to help yourself...

That's what I need, a good lawyer because the one I contacted after my divorce said it was ok for remarry if I wanted to. Looking back, that was a bad idea.

[zuluweta 250]

^Have you been working illegally since September 2015 (when your legal status most probably lapsed)?

[Jamesguamsi 1]

Look at your timeline from our point of view.

June 2014 you filed for ROC. This means the lastest your GC would have expired was September 2014 and the latest the 1-yr extension letter would have expired was September 2015.

In July 2015, you filed for divorce. At that point you were entitled to :

a. Wait out the process for approval before September 2015 at the latest

b. Wait but be picked for an interview at which point you could have switched to a divorce waiver

b. Contact USCIS immediately on your own and switch to a divorce waiver

When September 2015 rolled around and your ROC still had not been processed, you did nothing about it. With the conditions of your permanent residency not lifted, you were out of status. You never informed USCIS of the divorce even after you were outside of the normal processing time. This makes it seem like you were trying to hide the fact that the marriage upon which the ROC was based had dissolved.

In November 2015, a mere 4 months after filing for divorce you were already married. Still not hearing any news about your ROC, you did nothing.

In March 2016, you received a NOID. Did you contact a lawyer? USCIS? Nope!

In August 2016, you received the denial (for whatever reason) they said would follow. What have you done? You came to VJ letting us know you were ready to file a new application, you want to avoid facing an immigration judge, and you want to know your chances of success at both of the aforementioned.

What we are saying is that you will not be successful. You are deportable. This is no longer a DIY case for you. Seek counsel.

I called the 1800 number to notify USCIS about my divorce and spoke to an agent who advised me to wait until I was invited for an interview to ask the Immigration officer to treat my case as a waiver which I did. I was finally interviewed in feb 2016(my application was treated as a waiver) then i received the NOID in March.

I contacted another lawyer who gave me 2 options

1) Respond to the NOID, there is a 25% chance of approval, if it gets approved great, if not immigration judge

Note: it will take 3-6 before you get a response from USCIS and if it's denied it might take up to a year before you appear before an Immigration judge because they are backed up.

2) Don't respond to the NOID within 30 days it will be denied or if you hire my services I would go to USCIS and ask for your case to denied (that will be very easy for USCIS to do) so you could move to Immigration proceedings (faster approach). Then file an I-130 application with your new spouse. My wife wanted me to take this approach but I refused because my first marriage was bonafide, I had nothing to hide, so I thought respond to the NOID was my best choice.

Final Solution in the case of denial: when you appear before an Immigration judge ask for your denied I-751 application to be reprimanded to USCIS and since you are remarried, ask that USCIS should go ahead and process your new I-485 application.

NOTE: Your I-130 application would have been approved before you appear before an Immigration judge.

Edited September 18, 2016 by Jamesguamsi

[Jamesguamsi 1]

^Have you been working illegally since September 2015 (when your legal status most probably lapsed)?

No, I gave my job 2 weeks notice September 1st. Why?

Edited September 18, 2016 by Jamesguamsi

[Mollie09 1,543]

When September 2015 rolled around and your ROC still had not been processed, you did nothing about it. With the conditions of your permanent residency not lifted, you were out of status. You never informed USCIS of the divorce even after you were outside of the normal processing time. This makes it seem like you were trying to hide the fact that the marriage upon which the ROC was based had dissolved.

^Have you been working illegally since September 2015 (when your legal status most probably lapsed)?

Let's make one thing very clear that a lot of people here don't seem to understand. If ROC takes over a year, his PR status does not lapse. He remains a (conditional) permanent resident until a decision is made on his case. Period, full stop. What he doesn't have is proof of status, which he could get as a 551 stamp at any time while his petition is still pending. Stop spreading this misinformation, this is dangerous.

Also, OP does not need to quit his job until the case is officially denied, either by appearing in front of a judge and having that determined, or by not appearing and having the case denied (and probably being put in deportation proceedings). So stop saying that.

As far as the rest of the story, this is a gray area and you should have a good lawyer on your side. There are no certain paths here, and it would be much better if you provided enough evidence that your first marriage was bonafide, but you should appear in front of the judge and argue your case. With your lawyer.

Edited September 18, 2016 by F1H1I130

[Jamesguamsi 1]

Let's make one thing very clear that a lot of people here don't seem to understand. If ROC takes over a year, his PR status does not lapse. He remains a (conditional) permanent resident until a decision is made on his case. Period, full stop. What he doesn't have is proof of status, which he could get as a 551 stamp at any time while his petition is still pending. Stop spreading this misinformation, this is dangerous.

Also, OP does not need to quit his job until the case is officially denied, either by appearing in front of a judge and having that determined, or by not appearing and having the case denied (and probably being put in deportation proceedings). So stop saying that.

As far as the rest of the story, this is a gray area and you should have a good lawyer on your side. There are no certain paths here, and it would be much better if you provided enough evidence that your first marriage was bonafide, but you should appear in front of the judge and argue your case. With your lawyer.

Thank you, this was very helpful, all the lawyers I consulted advised me to submit an I-130 and I-485 application with my new spouse.

[zuluweta 250]

Thank you, this was very helpful, all the lawyers I consulted advised me to submit an I-130 and I-485 application with my new spouse.

The circumstances of the marriage you were using to remove conditions from and your subsequent marriage relatively soon thereafter were found to be suspect enough that USCIS denied your ROC. You need to overcome the reasons for this denial to retain/obtain your PR.

Get a very good immigration lawyer and work with him/her. Keep us updated with the status of your case.