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

[BrokenWings 8]

On 2/19/2019 at 2:33 PM, mindthegap said:

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.

Hi @mindthegap

Hope you are doing well. Can I have your email address to make some conversations regarding I751 case? I have a case pending and going through tons of stress. I am in a boat of deep ocean where I don't know which port will be available for my anchoring. 

You can also check my posts and send me a feedback. One most important thing I want to know- My steps in case of denial. I sent out many evidences; but who knows? Just trying to get familiar with future steps. 
Sincerely --- 

[mindthegap 2,590]

Sorry, not giving out my email - I’m not an immigration attorney for one

Happy to advise on here along with others if you post up your issues on your own thread. 

 

While pending, there is nothing you can do. If denied, there are things you can - and should - do. But until you receive a denial it is a moo point, so cross that brigde if it ever happens. Which it may not.

Worrying about it will just drive you mad.

 

If you filed with a divorce waiver you will more than likely get an interview scheduled at some point. 

[BrokenWings 8]

16 hours ago, mindthegap said:

Sorry, not giving out my email - I’m not an immigration attorney for one

Happy to advise on here along with others if you post up your issues on your own thread. 

 

While pending, there is nothing you can do. If denied, there are things you can - and should - do. But until you receive a denial it is a moo point, so cross that brigde if it ever happens. Which it may not.

Worrying about it will just drive you mad.

 

If you filed with a divorce waiver you will more than likely get an interview scheduled at some point. 

Hey- Thanks for the reply. I have I 751 with Divorce waiver pending. But you said one thing in one post somewhere - **That filing a new I 751 over rides the previous jurisdiction and allows LPR to stay with status and as LPR**
I am just trying to figure out and get familiar in advance with possible steps in case of denial. I want to do those by myself since lawyers are very expensive and I know about the authenticity of my marriage and relation. Can I file another i751 back to back immediately? Or I have to go through immigration court? If you can just take some time and write few steps what can be done or should be done- that will help me.  
I asked my lawyer and here is the reply:
 

If USCIS denies the I-751, then we can have the Immigration Judge review the denial and make his or her own decision on the case.  You will have the opportunity to testify and present witnesses and any additional evidence you wish to the Immigration Judge.  You will have at least two immigration court hearings.  The Immigration Courts are very backlogged so if your I-751 is denied, it will take a couple of years at least for you to have your final immigration court hearing and the Immigration Judge make a decision on your case.  If the Immigration Judge denies the I-751 as well, you can appeal the decision to the Board of Immigration Appeals, a process that will also take 1-2 years.

 

 

Thank you,

[geowrian 22,337]

You can keep filing I--751s until you get a final decision of removal. Generally - from what I've seen - it would be at least 2 filings before it even gets to court (unless you wait too long after the first denial).

The process for removal under ROC if you fight it generally takes several years.

But as wisely stated above, don't plan for a denial. The overwhelming majority of I-751s are approved the first time.