Termination of permanent resident status letter

[Markys 0]

Hi, my application to have the conditions removed from my marriage based green card has been denied, the reason is that my wife wrote to the Uscis to withdraw her support in Feb 2016 but 6 weeks later wrote back to rescind her withdraw, the Uscis states that a withdraw cannot be rescinded. We went to an interview 3 weeks ago and she swore that she wanted to continue her support. Yesterday i received a letter terminating my status, is it cut and dried that the immigration judge will order my removal?

Any help advice is greatly appreciated.

[Villanelle 4,122]

File another 751.

[mindthegap 2,599]

Motion to re-open, or re-file from scratch.

 

Either way, lawyer up.

 

Why did she withdraw? Are you still married, separated, or in divorce proceedings?

[Markys 0]

I was advised not to file again by Uscis.

Yes we are still married and living together, we went thru a rocky patch and she overreacted, not realizing that the withdraw could not be rescinded.

[Villanelle 4,122]

Im not sure why you were advised by USCIS not not file a new petition. Im guessing theres more to the story then you are posting (or you maybe you dont realize it). Since you got the denial letter you are now going to have to go to immigration court. You are going to need an attny. The general answer to your question is No, you wont automatically be put into removal proceedings by the Judge- but what forms you need (if any) and what to present in court- I have no idea. Immigration court is complex. Hence you need an attny, but its not a slam dunk you have no hope to be approved now. If your wife is willing to do a joint petition again then you should be able to get approved. 

 

Logic tells me you need a new 751. Judges cant adjudicate 751s. But they can over turn denials. It depends on why you were denied. If its only because she pulled out, the Judge may allow her to reverse that where USCIS wont. Sorry I cant be of much help.

 

If/when you do obtain an attny it would be great if you posted back and let us know what they said and how it goes.  

[Markys 0]

I posted everything I know, not to be clever or smart but if I didn't I couldn't expect a true response, when I called Uscis and spoke to tier 2 he said that the system showed that my i751 was still pending, he said it would be a waste of almost 700 bucks to submit another, he said my best option is just to sit it out and wait for my court date, my wife is willing to do anything to keep me here as we have worked thru our differences. Any idea an attorney would charge?

Thanks for the replies.

 

[Villanelle 4,122]

No Im saying maybe theres something more you may not know about- or maybe realize is important.

 

When your wife submitted this request to withdraw what did it say? Was it just a simple sentence saying she didnt want to be on the petition or was it a complex letter slamming you and your relationship? Allegations of fraud or misconduct? 

I do know there have been others in the same situation (mostly for visas though and not the ROC) where the USC decided to withdraw the 864 and stop the visa process and then had a change of heart. If they contact the Embassy sometimes they are allowed to revoke the revocation and continue, sometimes they have to start all over.

 

Did you get a notice to intend to deny you or an actual notice saying you are denied. (it seems you got the actual denial notice based on what you wrote). That notice should have something specific written in it about WHY you were denied. The why matters and impacts what you need to do in court. You may have been denied for not having bonafide relationship. Something like that the Judge can override. 

Also it can take many months to get a court date. As of right now though you have NO status. In some immigration matters you are "Ok" until you go to court. In cases of a denial for the 751 you have no status when denied- hence why many people file a new form. Yes, it costs money but you have a protected status while the new form is being adjudicated.  Perhaps you called USCIS when the petition was still showing as pending and the denial notice didnt go out yet. Your status for the 751 is either pending or denied. You cant be both unless the notice was intent to deny. Then you are pending a denial but pending nonetheless.

 

I suggest you contact an attny asap. There are various pro-bono immigration groups all over the country. They can help with denials and immigration court at low or no cost in some cases. Use google to try to find one to contact on Monday. 

 

The below is taken from a random attnys website. Note how it says you can "renew" your 751. Again these are very technical matters specific to courts which I can honestly tell you I am not qualified to give you advice on.. I believe there is only a handful of people in these forums that have knowledge about this. Dont hold your breath waiting for one of them to post here and guide you- get an attny consult.

 

"Once the I-751 is denied, your status is a lawful permanent resident is terminated. Consequently, you are no longer authorized to work or travel. According to 8 Code of Federal Regulations (8 C.F.R.) section 216.4(d)(2), there is no administrative appeal to the USCIS Director for a denied I-751 petition. Instead, you are supposed to be issued a Notice to Appear (NTA) before an immigration judge where USCIS’s decision will be reviewed and you will be given the opportunity to renew your I-751 joint petition and present your case in front of the judge. You will be able to defend yourself against removal."

 

If you cant find any pro-bono groups near you, you can post your state and county and I can help you find some, but it shouldnt be that hard to do with google on your own. 

[Markys 0]

 My wife went to town on me. Slamming our relationship and me as a drunk and not a loving relationship.

The letter I received from the Uscis  was titled Termination of Conditional Resident Status. I called the Uscis yesterday,  the letter was dated June 20 2017

It states I could not appeal but could hear a review of this decision in removal proceedings.

Sorry to go on but we are so worried we will be forced apart and me homeless and jobless.

 

[Markys 0]

[Hopeful diva 99]

7 minutes ago, Markys said:

 My wife went to town on me. Slamming our relationship and me as a drunk and not a loving relationship.

The letter I received from the Uscis  was titled Termination of Conditional Resident Status. I called the Uscis yesterday,  the letter was dated June 20 2017

It states I could not appeal but could hear a review of this decision in removal proceedings.

Sorry to go on but we are so worried we will be forced apart and me homeless and jobless.

 

Too bad she went that far. Hopefully you can get a good lawyer soon and walk through it 

[Markys 0]

Is there any chance we can go together without hiring an attorney and basically saying to the judge, hey we went thru a bad patch my wife over reacted not realizing the letter to stop supporting me could not be rescinded. If I'm deported i will be homeless and jobless. I've made my life here since Oct 2013. We don't have children together but we have a grandson here in the USA.

[Markys 0]

We live in Northern Delaware 

[Coco8 1,042]

4 minutes ago, Markys said:

Is there any chance we can go together without hiring an attorney and basically saying to the judge, hey we went thru a bad patch my wife over reacted not realizing the letter to stop supporting me could not be rescinded. If I'm deported i will be homeless and jobless. I've made my life here since Oct 2013. We don't have children together but we have a grandson here in the USA.

 

I read an article the other day that said that people with lawyers almost always win their cases in immigration court, whereas almost everyone without attorney gets deported.

 

So with that in mind, it is clear you need an attorney. Judges in immigration court have tons of cases per day so you need someone to explain the case and fight your corner. There is plenty that we don't understand about the law.

 

 

 

[Markys 0]

Ok looks like we'll be hiring an attorney.

Any idea how much they charge?

3 or 4 figures?

Edited June 25, 2017 by Markys

[sparkles_ 456]

Yes you can go without one, you will be rescheduled for 6mo-1yr later to come back with one, or if you have a kind and patient judge they will listen to you. Both times we went to immigration court, there were many without lawyers but also many with. If you can afford one, get one. If not, use the pro-bono office outside the court room, there will be one.

 

Ours was 4000$, and they usually charge a fee to go to court with you that day as well, a few hundred bucks. You can now ask for ROC in front of a judge, or be remanded to USCIS for that.....I suggest you shoot for being remanded, because you can't appeal a judge but you can appeal USCIS, at least this is how our lawyer explained it to us.

 

I don't think you need to imagine going to removal court just yet, but get a move on a lawyer and refiling ASAP, like yesterday. My god, do not wait because a gap of 5wk is what caused 2yr of removal problems for us!!!

 

We have been there, done that, got the t-shirt and the GC. Although it wasn't due to a situation or martial discord like you described, we made it.

 

My two cent, put yourselves in marriage counselling together and get proof of that being ongoing, it is time to do some damage control and this is will help.

Edited June 25, 2017 by sparkles_