i-751 NOID while abroad

[sun2015 0]

Hi,

 

If the NOID has been issued for I751 waiver (divorce) while travelling abroad, will I have any problems with re-entering US while having valid I-551 stamp in the passport and all other documents.  I believe you still have 30 days to reply to NOID, right?

[mycase17 114]

31 minutes ago, sun2015 said:

Hi,

 

If the NOID has been issued for I751 waiver (divorce) while travelling abroad, will I have any problems with re-entering US while having valid I-551 stamp in the passport and all other documents.  I believe you still have 30 days to reply to NOID, right?

You won't since you have valid I-551 stamp. You just need to collect your documents and reply to NOID as soon as you get back. NOID is bit serious compared to RFEs. 

[mindthegap 2,605]

Have you received a denial letter or is this just a speculative ‘what if’ post?

Edited May 23, 2018 by mindthegap

[geowrian 22,338]

Who knows if you will have a problem or not, but it isn’t a reason for CBP to refuse entry.

[sun2015 0]

1 hour ago, mindthegap said:

Have you received a denial letter or is this just a speculative ‘what if’ post?

Correct me if I'm wrong, but NOID is not a denial letter.  It is an intent to deny with 33 days to gather together any missing documentation and reply...  THEN they issue denial OR approval.

Edited May 23, 2018 by sun2015

[mindthegap 2,605]

Do they even issue one of those for an I-751? I certainly didn’t receive one - just a denial letter, but then again my reason for denial was not lack of evidence based. 

 

Any missing documentation would surely be requested with an RFE with the standard 87/90 day response time, or if more serious just straight to interview.

 

 

Edited May 23, 2018 by mindthegap

[sun2015 0]

I already received RFE last year and replied within time with all requested documentation.  Looking at your case " 'I-751 petition was not properly filed'. " you might be one of selected few that received straight denial without NOID. I believe normal process if all documentation is filed correctly is RFE -> APPROVAL or NOID -> DENIAL or APPROVAL.

 

My question is still valid - what CBP will see in their system at the port of entry if there is NOID issued?  Are they going to interpret NOID as denial or they will see I751 still pending as NOID is not an official USCIS statement about status. They still give 30 days to rebut any evidence.

Edited May 23, 2018 by sun2015

[Villanelle 4,122]

I believe NOID is not a firm denial (case closed) type of situation but rather intent on their part to deny (in the future) if certain things are not presented. So its not a denial but rather an intent to deny in the future. 

 

You shouldnt have any problems at CBP. I dont even think their system will show the NOID or RFEs. Its either case open/pending or case closed. A NOID is still case open (for now).

 

Worst case scenario youd get paroled in to see an immigration judge. But since your 751 case is still technically open until the NOID response is reviewed this shouldnt be the case.

 

What did you get a NOID for? Are you able to respond?

[sun2015 0]

What you mean by "paroled in to see the an immigration judge"?  I heard the term but considering complexities of the US immigration law what is the real meaning behind it?  Jail until the court date? Or just a paper with the court date and they will let me in.

[Villanelle 4,122]

Its probably not applicable to your situation. But it can mean different things. One may be detained and have to wait it out in detention to see a judge. Or one can be let in and given a later court date. 

[caliliving 606]

I had a NOID and then was able to send in a letter to fix it and got a greencard. you get 33 days i believe to fix it. so as long as you come back before the time then you are ok.  because they give you a chance to fix it. but, what is the reason for the NOID? is it fixable? you need to come back before the NOID expires and get your response in on time. 

[caliliving 606]

5 hours ago, sun2015 said:

What you mean by "paroled in to see the an immigration judge"?  I heard the term but considering complexities of the US immigration law what is the real meaning behind it?  Jail until the court date? Or just a paper with the court date and they will let me in.

bc he has a greencard but its conditional - he would have to go in front of an immigration judge to get it taken away before it expires. 

[bad4tatt 168]

16 hours ago, sun2015 said:

Hi,

 

If the NOID has been issued for I751 waiver (divorce) while travelling abroad, will I have any problems with re-entering US while having valid I-551 stamp in the passport and all other documents.  I believe you still have 30 days to reply to NOID, right?

Not sure if you'll have issues getting back in but I did find this on USCIS site for NOID.

 

 

A NOID may be based on evidence of ineligibility or on derogatory information known to USCIS, but not known to the applicant or petitioner. A NOID provides an applicant or petitioner with the opportunity to review and rebut derogatory information of which he or she is unaware.

 

When a preliminary decision has been made to deny an application or petition based on such derogatory evidence, USCIS must issue a written notice of a NOID to the applicant or petitioner. As noted above, the regulations provide an applicant or petitioner with a maximum of 30 days to respond to evidence upon which a NOID is based.

 

(5)     Eligibility and Ineligibility Procedures .

 

(i)     General .

 

·     If evidence establishes eligibility, USCIS can approve the application or petition.

 

·     If the Immigration and Nationality Act or regulations require an exercise of discretion, USCIS can approve the application or petition only if the evidence establishes eligibility and warrants favorable discretion.

 

·     If the evidence establishes ineligibility, USCIS must deny the application or petition.

(ii)     Initial Evidence Submitted But Does Not Establish Eligibility .

 

In this situation, USCIS can deny the application or petition for ineligibility. Alternatively, in its sole discretion, USCIS may request more evidence to be submitted in the established timeframe, which can be no more than 12 weeks. AFM Appendix 10-9 sets general timeframes for applicants or petitioners to respond RFEs.

 

(iii)     Initial Evidence Not Submitted .

 

USCIS can deny the application or petition. Alternatively, in its sole discretion, USCIS may request that the missing evidence be submitted within the established timeframe, which can be no more than 12 weeks. AFM Appendix 10-9 sets general timeframes for applicants or petitioners to respond to RFEs.

 

(6)     Applicant or Petitioner Responses to RFEs or NOIDs .

 

(i)     Options .

 

Within the time specified, applicants and petitioners may respond to an RFE or a NOID in one of three ways:

 

·     Submit a complete response containing all requested evidence; or

 

·     Submit a partial response; or

 

·     Withdraw the application or petition.

 

(ii)     Requested Materials Must Be Submitted Together .

 

Applicants or petitioners must submit all requested materials together at one time, along with the original RFE or NOID. However, if an applicant or petitioner submits only some of the requested evidence, USCIS will treat such submissions as a request for a decision on the record.

 

(iii)     Failure to Respond to an RFE or NOID .

 

If an applicant or petitioner does not respond to an RFE or a NOID by the required date, USCIS may:

 

·     Deny the application or petition as abandoned; or

 

·     Deny the application or petition on the record; or

 

·     Deny the application or petition for both reasons.

[mindthegap 2,605]

2 hours ago, bad4tatt said:

useful stuff

Interesting.

So another example of how they didn't follow their own policy with my case.

Was that taken from 10.5 HERE ?

[mindthegap 2,605]

And to answer the OPs question, you should not have an issue re-entering due to a NOID, or a denial letter.

Your status as LPR remains until terminated by an immigration judge.

Edited May 24, 2018 by mindthegap