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

[mindthegap 2,590]

Just now, EM_Vandaveer said:

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

Of course, hence I suggested to keep it brief.. 

[H-M 169]

1 hour ago, Trymester3 said:

I just noticed that the June 2018 and November 2018 letters are the same address as the January 2019 letter, but the only exception is that the prior letters don't have an apartment listed. It's possible that those letters did arrive to her building but just never reached her because they did not have an apartment listed.

 

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?

 

By the way, just to try to clarify things, would she be considered a permanent resident or a conditional resident? The reason I ask is because she has a social security number and had a green card but only for two years. She never got to the process of applying for the 10-year green card.

 

Firstly, I would strongly recommend seeking professional advice from multiple experienced attorneys to decide the best course of action for your ex-wife's case. Based on the information you have provided, it seems that her I-751 has been denied due to abandonment. As per latest USCIS policy, they are required to issue Notice to Appear (NTA) and begin removal proceedings. Here is the link to the policy memorandum (see page 3):

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

 

However, your ex-wife has a legitimate case, since the notices where sent to incomplete addresses. I am assuming that any address she provided to USCIS at the time of filing I-751 and updating address via AR-11/Online Change of Address was accurate and complete. She has a few options (please also discuss these with experienced attorneys):

 

1. File a new I-751 

2. You can also have USCIS re-consider their denial decision, by filing a I-290B: Motion to Re-open & Reconsider. The fees for this is almost the same as the I-751 filing fees.

3. Sometimes USCIS can also administratively reopen cases, when it is clearly their mistake. Try making an Infopass appointment for this.

4. Please check if any NTA has been issued by USCIS. She may not have received it again if the address on file is incorrect, but it must be responded to. If NTA has been issued, then she can appear in front of the immigration judge, explain the errors made by USCIS, and the judge can reopen the I-751. Not responding/appearing for the NTA may result in a removal order in absentia. Fortunately, the recent government shutdown may have helped in her case since no NTA could be issued due to DOJ being closed.

 

Good luck!

Edited January 29, 2019 by H-M

[MohU3 57]

6 minutes ago, 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 should keep working assuming that you're filing the new 751 ASAP

[Georgia16 2,858]

1 hour ago, Trymester3 said:

I just noticed that the June 2018 and November 2018 letters are the same address as the January 2019 letter, but the only exception is that the prior letters don't have an apartment listed. It's possible that those letters did arrive to her building but just never reached her because they did not have an apartment listed.

 

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?

 

By the way, just to try to clarify things, would she be considered a permanent resident or a conditional resident? The reason I ask is because she has a social security number and had a green card but only for two years. She never got to the process of applying for the 10-year green card.

Removal of conditions is applying for the 10 year GC after having the 2 year GC.

[EM_Vandaveer 2,408]

4 minutes ago, mindthegap said:

Of course, hence I suggested to keep it brief.. 

You are right, it is not absolutely necessary. You learn something every day.

[mindthegap 2,590]

2 minutes ago, H-M said:

. You can also have USCIS re-consider their denial decision, by filing a I-290B: Motion to Re-open & Reconsider. The fees for this is almost the same as the I-751 filing fees.

 

An i290B must be filed within 30 days of date of denial letter. That ship has now sailed.

There are fairly strict criteria on which it can be re-considered (an I-290B is not an appeal), an unknown timeline, plus of course the cost. 

I looked at this option and quickly figured it was a total waste of time and money.

 

 

[Trymester3 6]

7 minutes ago, H-M said:

 

Firstly, I would strongly recommend seeking professional advice from multiple experienced attorneys to decide the best course of action for your ex-wife's case. Based on the information you have provided, it seems that her I-751 has been denied due to abandonment. As per latest USCIS policy, they are required to issue Notice to Appear (NTA) and begin removal proceedings. Here is the link to the policy memorandum (see page 3):

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

 

However, your ex-wife has a legitimate case, since the notices where sent to incomplete addresses. I am assuming that any address she provided to USCIS at the time of filing I-751 and updating address via AR-11/Online Change of Address was accurate and complete. She has a few options (please also discuss these with experienced attorneys):

 

1. File a new I-751 

2. You can also have USCIS re-consider their denial decision, by filing a I-290B: Motion to Re-open & Reconsider. The fees for this is almost the same as the I-751 filing fees.

3. Sometimes USCIS can also administratively reopen cases, when it is clearly their mistake. Try making an Infopass appointment for this.

4. Please check if any NTA has been issued by USCIS. She may not have received it again if the address on file is incorrect, but it must be responded too. If NTA has been issued, then she can appear in front of the immigration judge, explain the errors made by USCIS, and the judge can reopen the I-751. Not responding/appearing for the NTA may result in a removal order in absentia. Fortunately, the recent government shutdown may have been helpful in her case since no NTA could be issued due to DOJ being closed.

 

Good luck!

Any way to find out whether an NTA was issued or not?  It is not listed on her latest case status update that USCIS sent on January 24, 2019.

 

Unfortunately, no one is getting an Infopass appointment anytime soon, because even before the government shutdown they made it almost impossible to get an infopass appointment even if you were willing to go to the next town over.

[mindthegap 2,590]

4 minutes ago, Trymester3 said:

Any way to find out whether an NTA was issued or not?  It is not listed on her latest case status update that USCIS sent on January 24, 2019.

 

1-800-898-7180. Have the A# to hand - it is touch tone / automated.

You are still permitted to file a new 751 even if an NTA has been issued (unlikely it has but possible).

 

I know you want an easy solution to this, and from my own experience and intensive research on this matter when it happened to me and a serious amount of rabbit holing  - the path of least resistance for this is filing a fresh I-751 as soon as possible.

Edited January 29, 2019 by mindthegap

[H-M 169]

7 minutes ago, mindthegap said:

An i290B must be filed within 30 days of date of denial letter. That ship has now sailed.

I agree she is past the deadline for filing I-290B. Thank you for pointing this out.

[Trymester3 6]

In the new I-751, should she present herself with her married name which is what is shown on her green card, State ID card and Social Security card, or should she use her new name which she goes by now? She was granted permission by the Divorce Decree to use any surname that she'd like.

[Scandi 4,166]

7 hours ago, missileman said:

When I changed my wife's address online, I received a confirmation email.....Perhaps you have one, too.....

Just adding that many of us have received that confirmation email and still our addresses weren't updated in USCIS' system. We still keep getting any correspondence to our old addresses.

[Going through 5,671]

11 hours ago, Trymester3 said:

In the new I-751, should she present herself with her married name which is what is shown on her green card, State ID card and Social Security card, or should she use her new name which she goes by now? She was granted permission by the Divorce Decree to use any surname that she'd like.

If she hasn't legally changed her name, perhaps better to go with the name that matches all of her documents.  You can put any aliases she uses on the i-751 under the "other names used" question.

Edited January 30, 2019 by Going through

[EM_Vandaveer 2,408]

1 hour ago, Going through said:

If she hasn't legally changed her name, perhaps better to go with the name that matches all of her documents.  You can put any aliases she uses on the i-751 under the "other names used" question.

The divorce decree IS a legal name change document AFAIK. It's fine to use her maiden name. She has to if she wants the 10-year GC in that name. Put her past married name under "Other names used".

[Going through 5,671]

7 minutes ago, EM_Vandaveer said:

The divorce decree IS a legal name change document AFAIK. It's fine to use her maiden name. She has to if she wants the 10-year GC in that name. Put her past married name under "Other names used".

That's what I assumed as well...but the way the OP worded it, it sounded like she hadn't actually chosen to use her maiden name again, but another "new" last name entirely?....which may confuse things.  Or maybe I'm reading too much into it and confusing myself.

 

12 hours ago, Trymester3 said:

In the new I-751, should she present herself with her married name which is what is shown on her green card, State ID card and Social Security card, or should she use her new name which she goes by now? She was granted permission by the Divorce Decree to use any surname that she'd like.

 

Edited January 30, 2019 by Going through

[EM_Vandaveer 2,408]

2 minutes ago, Going through said:

That's what I assumed as well...but the way the OP worded it, it sounded like she hadn't actually chosen to use her maiden name again, but another "new" last name entirely?....which may confuse things.  Or maybe I'm reading too much into it.

 

 

Yes, to clarify, she can put her maiden name on the I-751, if that's what she goes by. She cannot use a "new name". The divorce decree stating she can use any surname does not mean literally any name just that she can choose between going back to her maiden name or keeping her married name.