Question about wording on Notice of Action for I-751.

[Trymester3 6]

I am a US Citizen and she is a Japanese Citizen.

 

My ex-wife filed the I-751 for Removal of Conditions on her Green Card in early-February 2017.  Her green card expired mid-late February 2017. She received word that they had received the package before the actual date of her Green Card's expiration. Due to address confusion she never received any other mail from them until January 2019.  She was unable to answer an RFE that was sent in 2018 (that she never received)  and was just told that her case had been denied and that she should mail in her Green Card because her Permanent Resident Status is terminated.

 

After seeking out advice on these forums, we came to the consensus that the best thing to do was just reapply (I-751). She has re-applied and she received back a letter (Notice of Action) where it states in the first paragraph "Your Conditional Resident status is extended for 18 months from the expiration date on your form i-551, Permanent Resident Card. During this extension you are authorized to work and travel. (This extension and authorization for employment and travel does not apply to you if you're conditional resident status has been terminated.)."

 

So, does this mean that she is technically not supposed to be working right now, or is it just semantics and not applying specifically to her case? Also, her Green Card expired more than 18 months ago, so should she ignore the "Your Conditional Resident Status is extended for 18 months from the expiration of your Green Card" part from the Feb. 2019 Notice of Action? Lastly, is the next step simply to wait?

 

Any help is appreciated.

[EM_Vandaveer 2,408]

She's fine to work. She should get an InfoPass appointment and get an I-551 stamp in her passport, so that she has proof of her status.

[Crazy Cat 41,891]

So she never consulted an attorney?

[Ash.1101 1,756]

She should know if her permanent residence was terminated because only a judge can revoke status.

If she did have her status revoked, then no she can't keep working because she doesn't have status. It all depends on if she has status in the system or not.

I would heavily recommend a lawyer, just in case she did get her status revoked. 

[geowrian 22,337]

The position USCIS takes is that her permanent residence is terminated. The accuracy of that position is debatable.

Either way, she is entitled to evidence of LPR status until an immigration judge (IJ) formally revokes it via removal proceedings. Effectively she is still an LPR with all the rights that go with it.

An IJ cannot make any such determination while the I-751 is being adjudicated.

 

tldr: She's fine. USCIS has to adjudicate the I-751 like any other I-751. She can do everything she could do before filing the I-751 still.

The extension letter's 18 months applies to the green card. Since the green card expired over 18 months ago, it's worthless. She needs an I-551 stamp for evidence of LPR status.

[mindthegap 2,590]

Filing a new I-751 overrides the previous denial until adjudication. 

She legal and allowed to work. 

 

 

Go get a stamp ASAP.

 

 

Again, I speak from DIRECT personal experience of this scenario, not just a guess.

Edited February 19, 2019 by mindthegap

[EM_Vandaveer 2,408]

USCIS can't rescind her status no matter what they claim. You should call  1-800-898-7180 and make sure she doesn't have an immigration court case against her. As long as she doesn't, she's OK for now.

[Trymester3 6]

To everyone saying that she should get an infoPass stamp as soon as possible, is there a trick or shortcut to get one? We live in New York City. There are (to my knowledge) no walk-ins, and there are NEVER any appointments when you try to book one online. Would she be able to get such a stamp if she gets called in to do her biometrics again, or is that a completely different an unrelated thing?

 

She doesn't have money for a lawyer and I do not have any money to let her borrow for a lawyer.

 

As advised in a previous thread,  we called one of the numbers were you don't have to talk, but just punch in the A- number to see if they had a case on file for her in immigration courts. No record was found. I believe this means that they didn't have any case pending for her.

 

I don't know what's the difference between conditional residence and permanent residence status, but sometime in 2018 they sent her a letter (that she never received) saying that her case has been abandoned and therefore her conditional resident status has been terminated.

 

Once again, thank you all for your help thus far.

[mindthegap 2,590]

22 minutes ago, Trymester3 said:

To everyone saying that she should get an infoPass stamp as soon as possible, is there a trick or shortcut to get one? We live in New York City. There are (to my knowledge) no walk-ins, and there are NEVER any appointments when you try to book one online.

No. You have to call USCIS for NY appointments now.

 

22 minutes ago, Trymester3 said:

As advised in a previous thread,  we called one of the numbers were you don't have to talk, but just punch in the A- number to see if they had a case on file for her in immigration courts. No record was found. I believe this means that they didn't have any case pending for her.

Correct - at the time you called.

 

22 minutes ago, Trymester3 said:

I don't know what's the difference between conditional residence and permanent residence status, but sometime in 2018 they sent her a letter (that she never received) saying that her case has been abandoned and therefore her conditional resident status has been terminated.

What USCIS say in a letter, and what the actual law says, are on occasion very different......and the law wins.

USCIS can say what they like - and I fully admit to s***ting myself when I got the same 'your status is hereby terminated' letter - but it has no legal factual basis for termination of status.

The ONLY two people that can terminate ones LPR status, is the LPR themself by filing an I-407, or an immigration judge giving a final order of removal, which is the point at which the status is terminated.. 

The legal facts are backed up by plenty of case law (Genco Opinion 96-12 is one such example that springs to mind)

Edited February 19, 2019 by mindthegap
fast typing = typos

[Trymester3 6]

I didn't know that now you can call to get an appointment. I'm going to tell her to call and hopefully she can get an appointment.

 

Are there any negatives to getting an appointment as opposed to just being patient and waiting for them to contact about the next steps?

[Ash.1101 1,756]

5 minutes ago, Trymester3 said:

I didn't know that now you can call to get an appointment. I'm going to tell her to call and hopefully she can get an appointment.

 

Are there any negatives to getting an appointment as opposed to just being patient and waiting for them to contact about the next steps?

She has no proof of legal status which could cause issues if asked to prove legal status, and waiting for them to contact her about the next steps could take who knows how long. I would say those are big negatives.

The only way she can get the I-551 is by going to a local office with an infopass appointment. USCIS won't contact her and help her get proof of status, that is on her to do.

Edited February 19, 2019 by Ash.1101

[Trymester3 6]

Thanks for your input. I guess my question was referring to: Would setting an infopass appointment and going in to get a stamp in her passport possibly hurt her case in any way since she had already received that letter from USCIS before saying that she should mail in her expired green card since her case had been "denied due to abandonment.?

[geowrian 22,337]

12 minutes ago, Trymester3 said:

Are there any negatives to getting an appointment as opposed to just being patient and waiting for them to contact about the next steps?

1) Inability to travel abroad and return (without getting a boarding foil, which is a long and expensive process, or otherwise getting to the US border).

2) Inability to complete an I-9 for work purposes (unless they already have an unrestricted SS card + valid driver's license or state ID)

3) Inability to obtain a driver's license or state ID.

4) Inability to otherwise prove legal status to anybody else for a benefit or if detained.

 

1 minute ago, Trymester3 said:

Thanks for your input. I guess my question was referring to: Would setting an infopass appointment and going in to get a stamp in her passport possibly hurt her case in any way since she had already received that letter from USCIS before saying that she should mail in her expired green card since her case had been "denied due to abandonment.?

No negative consequence at all.

Edited February 19, 2019 by geowrian

[mindthegap 2,590]

14 minutes ago, Trymester3 said:

Are there any negatives to getting an appointment as opposed to just being patient and waiting for them to contact about the next steps?

No proof of status. 

Does she have to fulfill I-9 at work? Renew a driving license? Travel? Go near a border?

A whole host of reasons why not having proof of current status is not such a good idea..and arguably an even worse idea under the current administration.

 

3 minutes ago, Trymester3 said:

Thanks for your input. I guess my question was referring to: Would setting an infopass appointment and going in to get a stamp in her passport possibly hurt her case in any way since she had already received that letter from USCIS before saying that she should mail in her expired green card since her case had been "denied due to abandonment.?

You have over-ridden this requirement by filing a new I-751...not that it had any legal basis anyway!

 

Edited February 19, 2019 by mindthegap

[Trymester3 6]

Thanks for your replies. She already has a NY State ID (un-expired to my knowledge) and a Social Security card, but I guess in the super random chance that her workplace gets raided by immigration (because as she's not traveling anywhere currently I can't think of any other situation where her legal status would be questioned), I can see how having an InfoPass stamp in her passport would be helpful.