USCIS messed up my life and they don't admit their mistake. What is my option?

[SpanishBoyNYC 2]

Hello folks i will greatly appreciate if anyone can help me with my situation.

 

I had a pending I751. I moved to NYC 6 months ago and I called USCIS immediately to update my address. I also updated my address in my online account and post office. 

 

3 months later my wife and I divorced after 6 years of marriage. I was waiting for an interview to switch to divorce waiver and provide evidence for marriage for i751. I also informed USCIS about divorce.

 

6 months later, I received a denial letter for i751. USCIS says they TERMINATED MY STATUS because USCIS thinks i didn't update my address and missed an interview. I have proof for address change. I never received an interview letter. my attorney never received an interview letter. the online tool never said there was an interview. The so called interview was almost one year ago and nobody knew. I also got a stamp on my passport and when I got the stamp officer verified my address and said there was no interview in their system.

 

After seeing the denial letter, I called uscis and the second tier officer says they cannot see the interview notice but they say it is denied. they again verified my address and they can't explain why i missed the letter.

 

They told me to submit motion to reopen the case if I think USCIs made a mistake.

I submitted motion to reopen the case 3 months ago and today they denied it again. Only explanation is " we sent you and your attorney a letter". i was shocked that uscis ignored all the proof of address change and still said i didn't update my address.

 

Now I will have to file a new I751 waiver because i don't know if i have any other option.

 

My problems are:

 

1 - denial letter says they terminated my status. Have I been working illegally? 

2 - My lawyer says i cannot leave US until i751 gets approved. is it true? My parents are in Spain and they are sick with coronavirus. I have to visit them but i don't know if i will be allowed to enter us if i leave.

3 - How can I travel internationally and come back in this case? my lawyer says he won't recommend traveling for 18 months. i got the stamp on passport almost 1 year ago before they terminated my status. is it also terminated? i'm so confused why lawyer says i shouldn't travel yet i read that stamp is a proof for green card. i don't know if i am out of status now.

4 - is there a form or document that will guarantee my return like advance parol? 

 

I will appreciate it if anyone can help thank you again.

 

 

[SpanishBoyNYC 2]

hi everyone, uscis denied and terminated my status because of their mistake. my appeal is also denied and i was told to refile i751 again. (long story but i am resubmitting a new i751)

 

1 - if i send a new i751, can i travel internationally? 

2- is there a form or document that will guarantee my return like advance parol?

3 - lawyers say that i should not travel until uscis approves my i751 which will take almost 2 years.

 

thank you in advance for answers.

 

Juan.

[Allaboutwaiting 2,503]

Your case is exactly the type that the Ombudsman's Office helps with. 

https://www.dhs.gov/case-assistance

 

As the I-751 was denied, your lawful status was terminated, so you won't be able to reenter the country if you decide to travel. 

[Pinkrlion 2,724]

13 minutes ago, SpanishBoyNYC said:

Hello folks i will greatly appreciate if anyone can help me with my situation.

 

I had a pending I751. I moved to NYC 6 months ago and I called USCIS immediately to update my address. I also updated my address in my online account and post office. 

 

3 months later my wife and I divorced after 6 years of marriage. I was waiting for an interview to switch to divorce waiver and provide evidence for marriage for i751. I also informed USCIS about divorce.

 

6 months later, I received a denial letter for i751. USCIS says they TERMINATED MY STATUS because USCIS thinks i didn't update my address and missed an interview. I have proof for address change. I never received an interview letter. my attorney never received an interview letter. the online tool never said there was an interview. The so called interview was almost one year ago and nobody knew. I also got a stamp on my passport and when I got the stamp officer verified my address and said there was no interview in their system.

 

After seeing the denial letter, I called uscis and the second tier officer says they cannot see the interview notice but they say it is denied. they again verified my address and they can't explain why i missed the letter.

 

They told me to submit motion to reopen the case if I think USCIs made a mistake.

I submitted motion to reopen the case 3 months ago and today they denied it again. Only explanation is " we sent you and your attorney a letter". i was shocked that uscis ignored all the proof of address change and still said i didn't update my address.

 

Now I will have to file a new I751 waiver because i don't know if i have any other option.

 

My problems are:

 

1 - denial letter says they terminated my status. Have I been working illegally? 

2 - My lawyer says i cannot leave US until i751 gets approved. is it true? My parents are in Spain and they are sick with coronavirus. I have to visit them but i don't know if i will be allowed to enter us if i leave.

3 - How can I travel internationally and come back in this case? my lawyer says he won't recommend traveling for 18 months. i got the stamp on passport almost 1 year ago before they terminated my status. is it also terminated? i'm so confused why lawyer says i shouldn't travel yet i read that stamp is a proof for green card. i don't know if i am out of status now.

4 - is there a form or document that will guarantee my return like advance parol? 

 

I will appreciate it if anyone can help thank you again.

 

 

Once your 2 year green card expired and you were denied I-751, you are now out of status.  If you leave the country, you will need to start the immigration process all over again, and since you are now divorced, you do not have a way to file the I-130.

 

The stamp in your passport is based on your previous green card. If you left and tried to re-enter they will see that your GC have been terminated, and you will be refused entry.  

[SpanishBoyNYC 2]

2 minutes ago, Allaboutwaiting said:

Your case is exactly the type that the Ombudsman's Office helps with. 

https://www.dhs.gov/case-assistance

 

As the I-751 was denied, your lawful status was terminated, so you won't be able to reenter the country if you decide to travel. 

thank you for the respond. please answer my follow up questions:

1 - are you saying that if i contact the link you shared, i can explain the situation to somebody and get it fixed? i'm confused because somebody said my only option is to refile i751 again. resubmitting is expensive and i already spent money for appeal which was denied.

2 - i can understand that if i travel today i might have problem with coming back. but my question is: after i refile i751 and while that i751 is in progress, can i not travel? am i stuck in the us?

[SpanishBoyNYC 2]

1 minute ago, Pinkrlion said:

Once your 2 year green card expired and you were denied I-751, you are now out of status.  If you leave the country, you will need to start the immigration process all over again, and since you are now divorced, you do not have a way to file the I-130.

 

The stamp in your passport is based on your previous green card. If you left and tried to re-enter they will see that your GC have been terminated, and you will be refused entry.  

thank you for answer again. but please allow me explain my question. i am not asking if i leave tomorrow.

 

i am asking, after i submit a new i751(which i have a right to do and i'm working on it), can i travel after they accept new i751?

am i out of status until uscis approves second i751? 

 

thanks

[Allaboutwaiting 2,503]

13 minutes ago, SpanishBoyNYC said:

thank you for the respond. please answer my follow up questions:

1 - are you saying that if i contact the link you shared, i can explain the situation to somebody and get it fixed? i'm confused because somebody said my only option is to refile i751 again. resubmitting is expensive and i already spent money for appeal which was denied.

2 - i can understand that if i travel today i might have problem with coming back. but my question is: after i refile i751 and while that i751 is in progress, can i not travel? am i stuck in the us?

1. Yes. The Ombudsman's Office provides assistance and solves issues if USCIS failed when taking a decision. 

2. No, you cannot travel until the I-751 is approved. 

 

And a note: when an I-751 is denied, removal proceedings can begin, so whatever you decide to do, do it ASAP, to avoid going to court. 

[SpanishBoyNYC 2]

3 minutes ago, Allaboutwaiting said:

1. Yes. The Ombudsman's Office provides assistance and solves issues if USCIS failed when taking a decision. 

2. No, you cannot travel until the I-751 is approved. 

 

And a note: when an I-751 is denied, removal proceedings can begin, so whatever you decide to do, do it ASAP, to avoid going to court. 

thank you again. do you think i should stop sending i751? i just want to do whatever takes less time. 

can i not get stamp on my passport again for travel?

so in your opinion then i am illegal to work too?

[Allaboutwaiting 2,503]

16 minutes ago, SpanishBoyNYC said:

thank you again. do you think i should stop sending i751? i just want to do whatever takes less time. 

can i not get stamp on my passport again for travel?

so in your opinion then i am illegal to work too?

You are no longer a legal permanent resident, so you cannot get a stamp. 

 

I would contact the Ombudsman's Office right now to receive assistance and start preparing the new I-751 in case it is needed. 

Here's the info for direct contact: https://www.dhs.gov/contact-cisomb

 

Hopefully other members read your post, to aid with better advice. 

Edited June 25, 2020 by Allaboutwaiting

[igoyougoduke 1,663]

58 minutes ago, SpanishBoyNYC said:

thank you again. do you think i should stop sending i751? i just want to do whatever takes less time. 

can i not get stamp on my passport again for travel?

so in your opinion then i am illegal to work too?

contact ombudsman to reopen the case if you feel that it was USCIS mistake. your best bet is USCIS walks back their decision after the appeal. Your denial letter should state your options or go to the Court.

[NancyNguyen 1,657]

When you are in tough situation like this, don't travel.

[geowrian 22,337]

1) What is the timeline here?

If your original card expired 18+ months ago, then the extension letter will be useless. Send the I-751, wait for them to acknowledge receipt of it, then call USCIS and request an appointment to get an ADIT stamp. That will act as a green card for 1 year.

If under 18 months, the extension letter will extend your original green card's validity by 18 months. So if you will travel and return before that 18 months passes, you're fine with the card + letter. Otherwise you need an ADIT stamp still.

 

2) Nothing guarantees entry for a non-citizen (and extremely limited other circumstances).

But if an LPR was abroad, so long as they can get to POE, they should be able to look them up and admit them. The issue is often getting to POE...airlines typically will not provide passage without a valid travel document.

And one would need to be sure that their I-751 was properly.

 

3) That would be the path of least risk, which is likely why they have suggested it. There is always a risk of not being re-admitted as a non-citizen. It is much harder to have somebody removed than it is to deny them entry.

In practice, people in your situation (having to refile an I-751) have successfully travelled abroad and returned without issue with a valid ADIT stamp. It typically involves going through secondary inspection, but not really have issues.

 

Main thing is to refile the I-751 first. Then get an ADIT stamp, if needed, first.

[geowrian 22,337]

1 hour ago, Allaboutwaiting said:

You are no longer a legal permanent resident, so you cannot get a stamp. 

USCIS makes this claim. However, until an IJ makes a ruling, they are still entitled to evidence of LPR status (the ADIT stamp). This has been determined in court rulings.

 

2 hours ago, SpanishBoyNYC said:

I moved to NYC 6 months ago and I called USCIS immediately to update my address. I also updated my address in my online account and post office. 

...

The so called interview was almost one year ago

This timeline has me a bit confused. So 6 months after you moved you got the denial letter, but the denial letter said the interview was over a year ago? Then the move wasn't a factor.

Or did I miss something?

 

2 hours ago, SpanishBoyNYC said:

1 - denial letter says they terminated my status. Have I been working illegally?

2 - My lawyer says i cannot leave US until i751 gets approved. is it true? My parents are in Spain and they are sick with coronavirus. I have to visit them but i don't know if i will be allowed to enter us if i leave.

3 - How can I travel internationally and come back in this case? my lawyer says he won't recommend traveling for 18 months. i got the stamp on passport almost 1 year ago before they terminated my status. is it also terminated? i'm so confused why lawyer says i shouldn't travel yet i read that stamp is a proof for green card. i don't know if i am out of status now.

4 - is there a form or document that will guarantee my return like advance parol?

1) No. You are still entitled to the benefits of an LPR.

Technically, your status is in question depending on who you ask. But you are not working illegally.

At the same time, you wouldn't qualify for an I-9 for a new job until you get an ADIT stamp (unless you already have an unrestricted Social Security card + a driver's license or state ID).

 

2) This is addressed in you other thread. Summary: You can leave (and return) once you file the I-751 and get an ADIT stamp.

There is no guarantee of re-entry, but others have done this fine.

 

3) See #2

 

4) See #2 + your other thread.

 

Tagging @mindthegap as they have been going through the same type of second-filing issue, and has traveled internationally since then fine.

They are not as active on the site recently, or so I'm told, but if they are still around and have the time to provide info, it's worth trying.

[Allaboutwaiting 2,503]

25 minutes ago, geowrian said:

USCIS makes this claim. However, until an IJ makes a ruling, they are still entitled to evidence of LPR status (the ADIT stamp). This has been determined in court rulings.

Do they stamp the passport having the denial in the system with no new I-751 being filed? 

[geowrian 22,337]

3 minutes ago, Allaboutwaiting said:

Do they stamp the passport having the denial in the system with no new I-751 being filed? 

I don't believe so. The new I-751 should be filed first.