Working & travelling Options after I 751 waiver denied

[Narry4u 6]

• How do you get temporary i551 stamps once you have received an NTA and the court date is years from the notice date? Any official USCIS guidance or law
• What happens to your conditional resident status, are you able to work at least if not travel outside the country? How are you supposed to survive?
• How difficult is it to get the i551 stamps while waiting for immigration court hearings? Any law that can be showed to USCIS agents if they refuse to provide a stamp?

[mindthegap 2,590]

42 minutes ago, Narry4u said:

• How do you get temporary i551 stamps once you have received an NTA and the court date is years from the notice date? Any official USCIS guidance or law

Infopass. Will be issued for twelve months. You can obtain a new one near expiry.

 

42 minutes ago, Narry4u said:

• What happens to your conditional resident status, are you able to work at least if not travel outside the country? How are you supposed to survive?

Despite what the denial letter says, you remain a LPR - with all rights and privileges of that - until a final order of removal by an immigration judge.

This includes travel, but do not leave until you have the stamp. Expect a visit to secondary to verify each and every time you return to the US, which should take just a couple of minutes. 

 

42 minutes ago, Narry4u said:

• How difficult is it to get the i551 stamps while waiting for immigration court hearings? Any law that can be showed to USCIS agents if they refuse to provide a stamp?

Shouldn't be an issue. Clarified in Genco Opinion 96-12 and various other caselaw.

 

"96-12 Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996 

Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR

Office of the
General Counsel

I. QUESTIONS

The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?

2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION

The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.

Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.

III. ANALYSIS

Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1

The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.

The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.

Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits."

Edited April 14, 2020 by mindthegap

[Narry4u 6]

On 4/13/2020 at 4:57 PM, mindthegap said:

Infopass. Will be issued for twelve months. You can obtain a new one near expiry.

 

Despite what the denial letter says, you remain a LPR - with all rights and privileges of that - until a final order of removal by an immigration judge.

This includes travel, but do not leave until you have the stamp. Expect a visit to secondary to verify each and every time you return to the US, which should take just a couple of minutes. 

 

Shouldn't be an issue. Clarified in Genco Opinion 96-12 and various other caselaw.

 

 

You should be given a pHD in Immigration Law! 

Do you even have to keep informing your employer about Stamps additions?

 

[mindthegap 2,590]

I’m seriously thinking about it. 

 

I-9 is a whole separate thing. Many places shouldn’t even be reverifying but they still do. 

 

The I-551 stamp is one of the documents on the list of acceptable documents for I-9 verification.
However, many HR departments don’t have a clue, and the stamp with an expiration date confuses them further and they start demanding a card which you don’t have (btw, it is illegal for the employer to specify which documents should be presented). 
By far the easiest way is if you have a valid drivers license and an unrestricted social security card (not stamped with a no work restriction), then those two documents alone will suffice for I-9 verification.  

Edited April 16, 2020 by mindthegap

[Narry4u 6]

My Spouse abandoned me when she realised i dont have job lined up & left while i was at work. i waited for 2 months as She ghosted completely with no communication, I asked her if she needed divorce sending an email, she did not give me clear answer. She started treating like a slave after condional. On 70th day of separation i filed divorce as i live in california. This pissed her off and i am sure she called or wrote to USCIS. 

Started dating  in 2016(while on h1b)

Married in 2018

Got Conditional after 8 months of marriage

Separated after 14 months of marriage(6 months after conditional).

 

I am this country since 2005(came on f1 to h1 to f1 to h1 to conditional) with a very clean record. 

 

While interviewing for I 485, they did not give me trouble(probably had my entire immigration).

 

 

Hope they will allow my I 751 divorce waiver to approve!

 

[Narry4u 6]

On 4/15/2020 at 7:11 PM, mindthegap said:

I’m seriously thinking about it. 

 

I-9 is a whole separate thing. Many places shouldn’t even be reverifying but they still do. 

 

The I-551 stamp is one of the documents on the list of acceptable documents for I-9 verification.
However, many HR departments don’t have a clue, and the stamp with an expiration date confuses them further and they start demanding a card which you don’t have (btw, it is illegal for the employer to specify which documents should be presented). 
By far the easiest way is if you have a valid drivers license and an unrestricted social security card (not stamped with a no work restriction), then those two documents alone will suffice for I-9 verification.  

1. Can you become a citizen even though Divorce waiver is still pending? Any examples(success stories) from the past?

 

2. My wife might have approached USCIS & tried to sabotage my case. Can i do something about it?

 

3. My SSn says work restricted. How can i obtain the unlimited one?

 

4. You say you going through hell. In what sense? specially if you could travel & work.

 

5. I was on H1b and i still have 1 year remaining on CPR. Will it make sense to switch back to h1b?

 

6. Any benefit of getting married.Read this

https://www.miamiherald.com/news/local/immigration/article237702189.html

[Mollie09 1,543]

On 4/18/2020 at 11:01 PM, Narry4u said:

1. Can you become a citizen even though Divorce waiver is still pending? Any examples(success stories) from the past?

 

2. My wife might have approached USCIS & tried to sabotage my case. Can i do something about it?

 

3. My SSn says work restricted. How can i obtain the unlimited one?

 

4. You say you going through hell. In what sense? specially if you could travel & work.

 

5. I was on H1b and i still have 1 year remaining on CPR. Will it make sense to switch back to h1b?

 

6. Any benefit of getting married.Read this

https://www.miamiherald.com/news/local/immigration/article237702189.html

1- No, I-751 MUST be approved before N-400.

2- No.

3- By going to the Social Security Administration. Much easier done while green card is valid, but you can try.