Can I still work if I751 gets denied? (merged)

[MarkDallasTX 0]

thank you for replies and sorry for duplicated posts. i am really confused even though some of you answer the question please forgive me for asking again..

 

here on this page: https://www.avvo.com/legal-answers/receiving-work-authorization-or-i-551-stamp-after--2417904.html

lawyers say my status will be terminated if I751 gets denied. I also hear people say ONLY A JUDGE can terminate my status and even after i751 gets denied, until a judge terminates my status I WILL STILL BE ABLE TO WORK AND TRAVEL.

 

Which one is correct? i appreciate your help.

[mindthegap 2,590]

2 hours ago, MarkDallasTX said:

thank you for replies and sorry for duplicated posts. i am really confused even though some of you answer the question please forgive me for asking again..

 

here on this page: https://www.avvo.com/legal-answers/receiving-work-authorization-or-i-551-stamp-after--2417904.html

lawyers say my status will be terminated if I751 gets denied. I also hear people say ONLY A JUDGE can terminate my status and even after i751 gets denied, until a judge terminates my status I WILL STILL BE ABLE TO WORK AND TRAVEL.

 

Which one is correct? i appreciate your help.

Well, given I am the only one posting in this thread who HAS received a denial - and is still in status, with multiple stamps, travel, and work- and who has rabbit holed to a ridiculous level on the legalese and nuances of this stuff due to it directly affecting my life in a fairly major way,  you can take it from me that you can work and travel.

 

The law is clear - even if denied, you are entitled to an I-551 stamp as proof of status, and to work, until such time as an immigration judge issues a final order of removal, which is the point you cease to be a permanent resident. 

 

If it does happen to you, please post back and you will receive relevant and pertinent advice at the time...until then you are worrying yourself over something that may never happen.

Divorce is not a reason for I-751 denial. Switching to a divorce waiver is not a reason for denial.

Your I-751 will be adjudicated on the evidence of bona-fide relationship provided.

Edited December 27, 2019 by mindthegap

[Russ&Caro 1,549]

20 hours ago, mindthegap said:

Well, given I am the only one posting in this thread who HAS received a denial - and is still in status, with multiple stamps, travel, and work- and who has rabbit holed to a ridiculous level on the legalese and nuances of this stuff due to it directly affecting my life in a fairly major way,  you can take it from me that you can work and travel.

 

The law is clear - even if denied, you are entitled to an I-551 stamp as proof of status, and to work, until such time as an immigration judge issues a final order of removal, which is the point you cease to be a permanent resident. 

 

If it does happen to you, please post back and you will receive relevant and pertinent advice at the time...until then you are worrying yourself over something that may never happen.

Divorce is not a reason for I-751 denial. Switching to a divorce waiver is not a reason for denial.

Your I-751 will be adjudicated on the evidence of bona-fide relationship provided.

mgp, what do you attribute to the delays in your current case? Do you have any theories? Doing an FOIA to get the full case seems to be a good move.

[HappyAndIKnowIt 24]

21 hours ago, mindthegap said:

Well, given I am the only one posting in this thread who HAS received a denial - and is still in status, with multiple stamps, travel, and work- and who has rabbit holed to a ridiculous level on the legalese and nuances of this stuff due to it directly affecting my life in a fairly major way,  you can take it from me that you can work and travel.

 

The law is clear - even if denied, you are entitled to an I-551 stamp as proof of status, and to work, until such time as an immigration judge issues a final order of removal, which is the point you cease to be a permanent resident. 

 

If it does happen to you, please post back and you will receive relevant and pertinent advice at the time...until then you are worrying yourself over something that may never happen.

Divorce is not a reason for I-751 denial. Switching to a divorce waiver is not a reason for denial.

Your I-751 will be adjudicated on the evidence of bona-fide relationship provided.

I second this.  My wife received a denial letter.  We then walked into the local USCIS office to get a temporary I-551 so she could renew her driver's license.  The denial letter was actually part of the proof they used to give the proof of legal status.  My wife is working and the USCIS officer told her if she needed to leave the country, she had better do it before receiving the Notice to Appear, so you can also travel.  Until an Immigration Judge says otherwise, you will maintain your status.

[mindthegap 2,590]

17 hours ago, Russ&Caro said:

mgp, what do you attribute to the delays in your current case? Do you have any theories? Doing an FOIA to get the full case seems to be a good move.

Genuinely haven't a scooby doo. 

The original I-751 was not denied for lack of bona fide evidence, it was due to my lying ex spouse making an easily disprovable false allegation regarding the filing of the I-751...not that I was given an opportunity to refute it at any point.

Full story will be written about when it is all over.

 

It has been almost 11 months since my N-400 interview date, which was cancelled on the day, citing some sort of missing paperwork - which could have been my denied I-751 or current I-751...except my USCIS lists that as having been transferred to local office, so that excuse doesn't hold up either.

Every service request, follow up enquiry, and now an N-400 classed as out of normal processing time enquiry has been responded to with words to the effect of  'awaiting rescheduling, we regret we cannot give an accurate time for this' or similar.

 

FOIA requested and is underway - estimated completion date is a couple of months away - will be interesting to see how much of my A# file they redact/censor....after that I think it will be writ of mamandus time 

Edited December 28, 2019 by mindthegap

[Russ&Caro 1,549]

Will you do the writ of mandamus yourself? I hear people generally hire lawyers for that. Btw, will you see everything your ex submitted to the USCIS with the FOIA?

 

After this is all over, if you ever find yourself in Santa Fe NM, give me a shout. I'd like to but you a beer.

[mindthegap 2,590]

12 hours ago, Russ&Caro said:

Will you do the writ of mandamus yourself? I hear people generally hire lawyers for that. Btw, will you see everything your ex submitted to the USCIS with the FOIA?

Yes, that will require a lawyer. 

As for whether I see what was written/alleged, that is the $64,000 question....I believe they do redact certain info, but whether that is limited to just internal notes only, or other stuff, or they actually look through the whole file and redact line by line where applicable, or if they have guidelines, I genuinely have no idea...will see when they complete it. Hopefully not a series of entirely black pages

 

12 hours ago, Russ&Caro said:

After this is all over, if you ever find yourself in Santa Fe NM, give me a shout. I'd like to but you a beer.

🥂 Thank you kindly