Late Filling. NOA and Biometrics Done. Unsure of current status

[SashaFierce 0]

Hi VJ posters, 

 

In October 2017, I filed i-751 5 days late with an explanation and supporting documentation to excuse our lateness. I was robbed at gun point a few weeks before the deadline and was pretty traumatized and shocked by the experience. I was also taking a new medication that made me feel out of it, even if I took it at bedtime only. As supporting documentation I submitted the police report, a note from a psychologist that mentioned I had been seen the last couple of weeks, and a doctor's note stating that I was recently prescribed a new medication for a specified condition. 

 

I contacted a lawyer at the time, and I was advised that the letter and the supporting documentation were enough. 

The lawyer said that even if I received the NOA, I should not travel outside of the country until the 10 year old GC is approved because immigration could still reject my case at the actual adjudication stage, but that I was able to work with the NOA. 

 

I received the NOA 19 days after I submitted the package, and a biometrics appointment notice a couple of weeks later. I thought we were in the clear for the time being, but I contacted another lawyer to ask if I could apply for naturalization when I am eligible. This lawyer told me that since I filed late I was out of status, regardless of the NOA, and that I was not allowed to work or travel at the moment. He said that I could work by scheduling an infopass appointment to get my passport stamped. He could not give me a clear answer as to how the stamp, which I will obtain using the "invalid" NOA, restored my status if no officer is adjudicating my case during the appointment. 

 

I am in law school and have access to an immigration clinic, so I was able to consult a few other lawyers for free. However, it is troubling that I've received so many conflicting answers. One lawyer told me I was out of status until further notice, and that I was no longer eligible to apply for citizenship because I do not meet the three year requirement. Another lawyer told me I was fine and could work, travel, and apply for citizenship while the i-751 was pending. Another told me I cannot travel but I can work with the stamp. I'm starting to believe they don't really know how to help me. 

 

Understandably, everything is up to USCIS's discretion at this point, and all I can do is wait and see if I am approved, issued an RFE, interviewed, or denied. However, I want to know whether or not I am authorized to work in the meantime. I have a job lined up that starts in a few months, and we are freaking out that I will be unable to work because I have significant student debt that we cannot pay on my husband's salary alone. Any advise? 

 

[mindthegap 2,590]

Speak to better lawyers than these clowns.

Seriously...is there some specific atrocious law school that these morons come from that people pay for wirh Cheetos or tide pods or something? Plenty of people get told the same rubbish.

I can’t believe people PAY to receive such verbal diarrhea!

USCIS don’t exactly get a pass here as hey make many aspects of this process as  clear as a muddy windshield, but these ‘lawyers’ have absolutely no bloody excuse.

 

 

 

Once you file an I-751, on time, late, or whatever,  if you receive a receipt - which you have - your filing is accepted, status is current and will remain so until adjudication on the bonafide evidence provided.

If a late joint filing is made there MUST be a request backed up with a reason for the late filing. Assuming there is, and it is acceptable, the filing is accepted and the receipt issued as normal.

 

If you were to receive a denial when traveling out of the US, you would still be  entitled to a hearing with an immigration judge and a stamp as proof of temporary status until that hearing.

Only an immigration judge can terminate someone’s LPR status, and that includes for I-751 denials (speaking as someone who has received one of those). 

 

 

Yes you are authorised to work, and yes you can file your N-400 when eligible. 

 

Get on with your life in the meantime, and try not to overthink it or stress - you will drive yourself mad.

Edited April 15, 2018 by mindthegap

[SashaFierce 0]

3 minutes ago, mindthegap said:

Speak to better lawyers than these clowns.

Seriously...is there some specific atrocious law school that these morons come from that people pay for wirh Cheetos or tide pods or something? Plenty of people get told the same rubbish.

I can’t believe people PAY to receive such verbal diarrhea!

 

 

 

Once you file an I-751, on time, late, or whatever,  if you receive a receipt - which you have - your filing is accepted, status is current and will remain so until adjudication on the bonafide evidence provided.

If a late joint filing is made there MUST be a request backed up with a reason for the late filing. Assuming there is, and it is acceptable, the filing is accepted and the receipt issued as normal.

 

If you were to receive a denial when traveling out of the US, you would still be  entitled to a hearing with an immigration judge and a stamp as proof of temporary status until that hearing.

Only an immigration judge can terminate someone’s LPR status, and that includes for I-751 denials (speaking as someone who has received one of those). 

 

 

Yes you are authorised to work, and yes you can file your N-400 when eligible. 

 

Get on with your life in the meantime, and try not to overthink it or stress - you will drive yourself mad.

Thank you for your reassuring response!

 

I know what you mean about the lawyers. I was in disbelief when I received inconsistent answers to what seemed like simple questions. I don't know where these lawyers graduated from but some of them are training law students at a top 10 law school. Concerning stuff.  

 

If I receive a denial while outside the country, would it be difficult to be readmitted? Or would the NOA or stamp suffice for reentry? 

 

Sorry to hear about your denial. What was the post-denial process like? Did you go to court? Did you file i-751 again or did you start over from i-130? 

 

[jc2008 8]

You get a piece of paper in the mail saying your status is ok for a year. AFter that expires in a year, then you need a stamp in your passport if you need to have proof of your residency for travel or work or drivers license renewal etc.