USCIS Denied I-751 Case due to their error, please help

[MohU3 57]

5 minutes ago, Trymester3 said:

would she be considered a permanent resident or a conditional resident?

She is Conditional. The only thing that transfer her from Conditional to regular Permanent resident (CR6 or CR1 to IR6 or IR1) is the approval of the 751 which basically removes the condition.

 

6 minutes ago, Trymester3 said:

the only exception is that the prior letters don't have an apartment listed

I had the same problem. They sent me mail without the apartment number, but I was lucky cause the mailman knows me and he delivered it, but I called USCIS right away and asked them to put the apt number and to make sure of it so I don't miss any mail or any appointments. It really worked, the next mail from them had the apartment number.

[mindthegap 2,590]

 

File a new I-751. Immediately.

16 minutes ago, Trymester3 said:

In the November 2018 letter titled Decision, it states: "Your Petition is considered abandoned and is denied under 8 CFR 103.2 (b)(13) This denial is without prejudice to the filing of a new form I-751." Does this mean that she's not even allowed to file a new application?

No.

File one. Immediately. As a divorce waiver, enclosing a copy of the divorce decree. You don’t even need to enclose any of the prior evidence submitted, nor request a late filing. Just get that form, a cheque and a copy of the divorce decree in the mail ASAP. 

It is the quickest and least ambiguous path to fixing the mess you are in, and ultimately what you would probably have to do anyway. 

 

I-751 denial letters are full of inaccuracies and flat out lies. You have legal rights and protections as a LPR. And yes, I have been and still am going through a denial, so I speak from direct experience.

 

Edited January 29, 2019 by mindthegap

[Trymester3 6]

Can any of you explain what this means?

 

In the November 2018 letter titled Decision, it states: "Your Petition is considered abandoned and is denied under 8 CFR 103.2 (b)(13) This denial is without prejudice to the filing of a new form I-751." Does this mean that she's not even allowed to file a new application?

 

 What does the "without prejudice" part mean?

[milimelo 4,481]

Without prejudice- you can apply again and prior decision will not affect new decision. 

 

File divorce I-751. 

[Crazy Cat 41,888]

5 minutes ago, Trymester3 said:

Can any of you explain what this means?

 

In the November 2018 letter titled Decision, it states: "Your Petition is considered abandoned and is denied under 8 CFR 103.2 (b)(13) This denial is without prejudice to the filing of a new form I-751." Does this mean that she's not even allowed to file a new application?

 

 What does the "without prejudice" part mean?

"without prejudice" means it will not have any negative effects on a new I-751.  She can (and should immediately) file a new I-751....imho.

Edited January 29, 2019 by missileman

[Trymester3 6]

In the same way that we found all this out by asking for a case status update on the USCIS website, would you guys suggest that we use the same website to get in contact with USCIS via email and explain the situation, and explain that we are going to re-apply for the I-751, or... just reapply for the I-751 ASAP and in the application packet include a letter stating what happened?

[MohU3 57]

2 minutes ago, Trymester3 said:

just reapply for the I-751 ASAP and in the application packet include a letter stating what happened?

just re-apply with the divorce decree and I would include a letter explaining then missing mail mess. The thing is, you need to do that ASAP to have a legal status. Even tho I don't believe her status was terminated just by the USCIS and their Letter.

[mindthegap 2,590]

1 minute ago, Trymester3 said:

In the same way that we found all this out by asking for a case status update on the USCIS website, would you guys suggest that we use the same website to get in contact with USCIS via email and explain the situation, and explain that we are going to re-apply for the I-751, or... just reapply for the I-751 ASAP and in the application packet include a letter stating what happened?

The latter.

Check my signature timeline below...all is not lost, just get the fresh one in, wait for another extension letter, then go to an infopass and get a stamp.

 

Oh, and you don’t need a letter explaining what happened and you don’t need to request late filing in any way. 

Keep it simple, and send a brief letter stating you are enclosing a divorce waiver I-751 and enclosing a copy of the final divorce decree.

[EM_Vandaveer 2,408]

1 hour ago, MohU3 said:

Once she apply again for the 751, She is legal. Once she have a receipt for the new 751, she will have proof of status. Don't forget, A permanent resident is Permanent resident till a judge takes it away. They would came detain her otherwise. They could've came when they terminated her status. 

This. Just like you were told on reddit. Re-apply ASAP.

[Trymester3 6]

Thank you all for your info. What would you guys say she should do about her job? Should she just keep working? She is legally employed.

[EM_Vandaveer 2,408]

17 minutes ago, mindthegap said:

The latter.

Check my signature timeline below...all is not lost, just get the fresh one in, wait for another extension letter, then go to an infopass and get a stamp.

 

Oh, and you don’t need a letter explaining what happened and you don’t need to request late filing in any way. 

Keep it simple, and send a brief letter stating you are enclosing a divorce waiver I-751 and enclosing a copy of the final divorce decree.

OP most definitely required to explain why it is filed late. 

[Trymester3 6]

1 minute ago, EM_Vandaveer said:

This. Just like you were told on reddit. Re-apply ASAP.

Thank you.

[EM_Vandaveer 2,408]

Just now, Trymester3 said:

Thank you all for your info. What would you guys say she should do about her job? Should she just keep working? She is legally employed.

She can. She's in limbo now but as soon as she gets her extension letter (&I-155 stamp, if necessary) it'll be legal for her to work.

[mindthegap 2,590]

Just now, EM_Vandaveer said:

OP most definitely required to explain why it is filed late. 

Nope.

 

Is a waiver filing and filing is permitted at any time up to final order of removal without explanation or late filing request - even without these circumstances.

[EM_Vandaveer 2,408]

Just now, mindthegap said:

Nope.

 

Is a waiver filing and filing is permitted at any time up to final order of removal without explanation or late filing request - even without these circumstances.

I don't see how it would hurt to include a letter.