I-751 , one year later and NO response yet.

[kamas 2]

I applied for I-751 within the 90 day window before green card expires.  It has been exactly 1 year since the I-751 application was sent, and still USCIS has not sent us anything.  After we called them, the only thing they said is that they are a little behind. So, do I just keep waiting? Do I call them and ask for an update?

 

 

[zilchfox 296]

It's pretty normal, sadly. Good news is if you're eligible for the 3-year rule, you should now be eligible to file for naturalization despite your pending I-751. Your naturalization application will force your I-751 to process and you might even be able to do both at the same time, interview-wise.

 

You might have done this already, but ensure you're keeping your status updated with a stamp in your passport, extending your LPR status an additional year by booking an InfoPass appointment.

[Going through 5,671]

The customer service reps that answer the phone can't give you anything but generic information.

I would suggest calling them back and requesting to be transferred over to a L2 Immigration Officer who would be able to look at your specific case, personal information, and be able to give you better information on the status of your application.

 

It's quite possible a letter was mailed, an RFE sent, etc. that never actually got to you in the mail.  Best to call them and make sure...just request to be transferred to a L2 officer this time.

Edited August 26, 2017 by Going through

[kamas 2]

6 minutes ago, zilchfox said:

It's pretty normal, sadly. Good news is if you're eligible for the 3-year rule, you should now be eligible to file for naturalization despite your pending I-751. Your naturalization application will force your I-751 to process and you might even be able to do both at the same time, interview-wise.

 

You might have done this already, but ensure you're keeping your status updated with a stamp in your passport, extending your LPR status an additional year by booking an InfoPass appointment.

What exactly makes me "eligible to file for naturalization" now? Is it because the I-751 was applied for one full year ago with no results yet?

When you say "extending LPR" status, you basically mean, renewing the green card? 

 

\\

9 minutes ago, Going through said:

I would suggest calling them back and requesting to be transferred over to a L2 Immigration Officer who would be able to look at your specific case,

 

I will try this. Do they usually easily connect you to an L2 officer just as long as you ask them nicely? Is there another word for "L2" in case they don't understand what I mean by saying "connect me to L2".

 

 

 

 

 

[Going through 5,671]

1 minute ago, kamas said:

I will try this. Do they usually easily connect you to an L2 officer just as long as you ask them nicely? Is there another word for "L2" in case they don't understand what I mean by saying "connect me to L2".

Most of the times, yes, they have no problem connecting you.

 

They will know what you mean by L2, they get this request daily.  (Level 2 officer/Tier 2 officer)

[zilchfox 296]

Just now, kamas said:

What exactly makes me "eligible to file for naturalization" now? Is it because the I-751 was applied for one full year ago with no results yet?

When you say "extending LPR" status, you basically mean, renewing the green card? 

If you're still married to your original petitioner from your K-1 visa, you filed for ROC (I-751) 2 years later. It's now one year later, and that means you have been an LPR Green Card Holder for 3 years. If you two are still married, this means you're eligible under the 3-year rule for naturalization, regardless if ROC is pending OR approved, because your LPR status was automatically extended one year by letter upon applying for ROC. It's probably within 90 days of your 3 year LPR anniversary, so you should look into filing for naturalization (N-400).

 

You will still have LPR status as long as you have a pending ROC application and it hasn't been denied, however the letter you receive for ROC is only good to extend your LPR status "on paper" for a year. You should book an InfoPass appointment to get your passport stamped as proof that you're still an LPR, in case you ever need it. Expired green cards/documents will never help you, especially if you find yourself moving to a new job or something while your ROC is pending. Basically, keep your documents and status up-to-date, always, until you've finally naturalized and become a U.S. citizen.

[kamas 2]

2 minutes ago, zilchfox said:

 

You will still have LPR status as long as you have a pending ROC application and it hasn't been denied, however the letter you receive for ROC is only good to extend your LPR status "on paper" for a year. You should book an InfoPass appointment to get your passport stamped as proof that you're still an LPR, in case you ever need it. 

Ok. just to clarify:

Yes that is correct. The green card LPR status was extended "on paper" for a year. That year is now expired, but, as you mentioned: even though its expired on paper, the LPR status is good since the ROC application is still pending and has not been denied.

 

Question: Is the ONLY way to renew the LPR status now through booking an InfoPass appointment to get the passport stamped? Does this cost any money?

 

 

[Going through 5,671]

2 minutes ago, kamas said:

Question: Is the ONLY way to renew the LPR status now through booking an InfoPass appointment to get the passport stamped? Does this cost any money?

Infopasses do not cost you anything.  However they can, at times, take a week or so to get an appointment since appointment slots are first-come-first-serve scheduled online (you request an appointment through an online system).

[zilchfox 296]

Just now, kamas said:

Ok. just to clarify:

Yes that is correct. The green card LPR status was extended "on paper" for a year. That year is now expired, but, as you mentioned: even though its expired on paper, the LPR status is good since the ROC application is still pending and has not been denied.

 

Question: Is the ONLY way to renew the LPR status now through booking an InfoPass appointment to get the passport stamped? Does this cost any money?

 

 

You are still a valid LPR because of your pending ROC, you just have no way to prove it outside of USCIS because the documents you are carrying have expired. The stamp is basically an additional extension of proof that you're still an LPR. Yes, the stamp at this time is the only way, and it should be free. The stamp in your passport basically becomes your green card, further extending both your green card and letter of extension. You can do this indefinitely for free as long as your ROC remains pending, but each stamp is only valid for one year.

[Suss&Camm 2,213]

Even if i751 is denied the LPR status is not automatically revoked - there needs to be a separate decision on revoking LPR status. 

I know this was clarified, bit it is confusing when you talk about extending the LPR status with the stamp from USCIS, and mny ppl are confused about this. So once again, the stamp in the passport only extends your documents showing your status and has nothing to do with the status itself.

[Scandi 4,166]

3 hours ago, Suss&Camm said:

Even if i751 is denied the LPR status is not automatically revoked - there needs to be a separate decision on revoking LPR status. 

I know this was clarified, bit it is confusing when you talk about extending the LPR status with the stamp from USCIS, and mny ppl are confused about this. So once again, the stamp in the passport only extends your documents showing your status and has nothing to do with the status itself.

Exactly, the stamp in the passport is only proof of LPR status, the stamp doesn't extend any LPR status, the stamp is not the status itself. The stamp isn't a requirement, many people only get it because they need to be able to prove their LPR status (like when you travel or at a job interview etc) after the extention letter isn't valid anymore. Even though it's not a requirement it's still for free and would probably make you feel better knowing you at least have some kind of proof of your status.

[NYCruiser 423]

42 minutes ago, Scandi said:

Exactly, the stamp in the passport is only proof of LPR status, the stamp doesn't extend any LPR status, the stamp is not the status itself. The stamp isn't a requirement, many people only get it because they need to be able to prove their LPR status (like when you travel or at a job interview etc) after the extention letter isn't valid anymore. Even though it's not a requirement it's still for free and would probably make you feel better knowing you at least have some kind of proof of your status.

....which brings up an interesting point. Typical government!! They tell you to carry your Residence Card BUT it is expired and in this case up to a year since I-751 application, what is there to show a CPB or officer if they come to your work or say in some states where they check status on Highways? 

I have my Spouse keep an electronic copy on his email PLUS a picture copy on his iPhone Photos just in case....what do you all think?

[Scandi 4,166]

4 minutes ago, NYCruiser said:

....which brings up an interesting point. Typical government!! They tell you to carry your Residence Card BUT it is expired and in this case up to a year since I-751 application, what is there to show a CPB or officer if they come to your work or say in some states where they check status on Highways? 

I have my Spouse keep an electronic copy on his email PLUS a picture copy on his iPhone Photos just in case....what do you all think?

Yes, it's interesting. I doubt I would carry my passport with me all the time even if it had the stamp, wouldn't want to risk losing it as it's a hassle trying to get a new one from within the US and expensive too for that matter. If it was credit card size I could keep it in my wallet, but no, not carrying around my passport as it is now.

[zilchfox 296]

I'd still carry my expired card with a pending application, because anyone with access should still be able to see your legal status based on the card number only. I wouldn't carry my passport or extension letter everywhere, only when it's absolutely needed. 

[kamas 2]

On 8/26/2017 at 8:40 AM, zilchfox said:

extending your LPR status an additional year by booking an InfoPass appointment.

Is there any other way to book an InfoPass appointment other than online? Everytime I go online, I cannot even make an appointment, since it just says all dates are booked, please try again.