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Posted

Go the senator or congressman's immigration aide route - direct line to USCIS and much faster than Ombudsman. Find senator or congressman website for your area, complete the authorization form and provide detailed info on your case. Then follow up with a phone call couple days later. 

ROC 2009
Naturalization 2010

Posted

@mindthegap wow thanks a lot for answer.your situation seems so similar to me, i really want to get your opinion, i'm in this mess because of a "missing" interview. i just want this to be over and be able to travel and come back.  i really had hard time when lawyers said that i cannot travel. so please correct me if i'm wrong here.

 

step 1: refile i751 with waiver and get receipt from uscis

step 2: get a new stamp on passport after new i751 receipt

and i can 100% travel with that stamp?

 

don't get me wrong, i believe you but lawyer says if i refile i751, it won't put be back to status. i heard this from many lawyers(online sites like avvo etc)

please note that in my denial letter uscis says they TERMINIATED my status. so it wasn't just a denial but uscis terminated my status so that's why what lawyer said make sense.

 

1 - but what i understand form you is, after refilling i751 and getting new stamp, i will be perfectly fine to travel and come back? 

2 - i checked links you sent and they are little bit dated, do you know those rules are still valid? does trump administration change or make things hard?

3 - do you recommend doing ombudsman and new i751 at the same time? is my plan what you recommend? (refile i751 and get stamp and nothing else to do?)

4 - my motion to reopen is also denied? do i still have a chance to open my case? local office is closed because of covid. should i still fight for the denied i751?

 

thanks for giving me relief.

Posted
10 minutes ago, SpanishBoyNYC said:

don't get me wrong, i believe you but lawyer says if i refile i751, it won't put be back to status. i heard this from many lawyers(online sites like avvo etc)

please note that in my denial letter uscis says they TERMINIATED my status. so it wasn't just a denial but uscis terminated my status so that's why what lawyer said make sense.

Under the CFRs in place today, the stance USCIS takes is that failure to file for ROC or denial of ROC automatically terminates LPR status. Re-filing doesn't change that.

That's why I said the answer to whether you are technically in status depends on who you ask. USCIS (DHS) would generally say no, but they are compelled to provide evidence of status pending any challenge to their denial decision. The court (DOJ) would generally say you retain status pending an immigration judge's ruling. It's not the re-filing that actually returns status or not....you never actually lost it despite the claims of USCIS.

But this is all technical discussion...for all intents an purposes, you are the same as any other green card holder.

 

(NOTE: This may not match mindthegap's opinion, and that's perfectly fine. I believe they take the same stance of the BIA/DOJ absolutely and USCIS is just wrong. The above is my understanding of the facts and court opinions. But I think we would agree that it doesn't really matter as the end result is the same...you are entitled to the same benefits and rights as every other LPR until an IJ revokes status).

 

Don't take the denial + "terminated" wording to mean anything special. Any denial letter automatically has that wording per their view of the law. It does not change that you are entitled to evidence of status (ADIT stamp) and all benefits that come with being an LPR.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
1 minute ago, SpanishBoyNYC said:

 

1 - but what i understand form you is, after refilling i751 and getting new stamp, i will be perfectly fine to travel and come back? 

I can only speak for my own experiences, but I have travelled multiple times out and back, with a brief visit to secondary to verify on their systems every time (always polite and quick) with no issues, and always stamped in correctly as LPR or ARC.

I would not in any way have risked it if there was any doubt in my mind whatsoever that I could not return home after my trip - I rabbit holed to a ridiculous level on my research during this...to the extent that I can now quote verbatim obscure passages of immigration text and remember minor things that do matter in this case.

Take your stamp, your expired card (showing the expired card with the stamp tends to speed up the secondary process at your POE in my experience) and your receipt/extension letter also. 

 

*legal disclaimer - having said that I am not your lawyer, so please do not take my experiences as absolute gospel or rely on them. 

 

 

Your stamp will be a normal I-551 stamp evidencing your permanent resident status, valid for exactly one year from issue.

It will have a handwritten annotation of 'TC-1' and your new I-751 receipt number on it. 

It will look like mine....I think this is now my seventh or eighth stamp in four years 🙄😞

udyQtjg8.jpg

 

 

 

Don't forget once you refile, you will get a new biometrics appointment shortly afterwards  also, and you DO have to go do that (thankfully they are easier for walk-ins)

 

 

29 minutes ago, SpanishBoyNYC said:

 

don't get me wrong, i believe you but lawyer says if i refile i751, it won't put be back to status. i heard this from many lawyers(online sites like avvo etc)

please note that in my denial letter uscis says they TERMINIATED my status. so it wasn't just a denial but uscis terminated my status so that's why what lawyer said make sense.

 

My letter also had the scary words TERMINATED...it means nothing, as I will say again, the ONLY person who can terminate and revoke someones LPR status is an immigration judge with a final order of removal. Not the director who signed your letter, not the person who typed it, and not the person who interviews you at federal plaza. 

@geowrian sums it up perfectly in the post prior to this one. 

 

13 minutes ago, geowrian said:

It's not the re-filing that actually returns status or not....you never actually lost it despite the claims of USCIS.

But this is all technical discussion...for all intents an purposes, you are the same as any other green card holder.

 

ALL LPRs are entitled to due process, and a hearing with an immigration judge - a 'terminated' letter does not override or eliminate those rights, as much as USCIS wishes it did.  

I agree with @geowrian - don't get caught up in the semantics, as the net result is the same. It has been shown repeatedly in case law that you have rights as a LPR and retain those rights after a denial/termination letter. 

 

Also, ask five lawyers you will probably get five different answers - and five different bills. Not all lawyers are created equal, and not all of them actually give a ####### about the law, or more than a cursory glance at it.

Delve into the detail - and you should really read some of the stuff I have posted in this and my prior posts on other threads concerning this - and you will not only educate yourself, but perhaps give yourself a little peace of mind too. 

 

4 minutes ago, SpanishBoyNYC said:

2 - i checked links you sent and they are little bit dated, do you know those rules are still valid? does trump administration change or make things hard?

Still current. Plenty of caselaw backing it up since. Immigration law moves at a glacial pace.

 

6 minutes ago, SpanishBoyNYC said:

3 - do you recommend doing ombudsman and new i751 at the same time? is my plan what you recommend? (refile i751 and get stamp and nothing else to do?)

It won't hurt, and the ombudsman is free to file with, albeit slow.

If you do manage to get the original one reopened, it can still run concurrently with the new one or you could cancel the new one (no refund though 🙄

 

7 minutes ago, SpanishBoyNYC said:4 - my motion to reopen is also denied? do i still have a chance to open my case? local office is closed because of covid. should i still fight for the denied i751?

 

4 - my motion to reopen is also denied? do i still have a chance to open my case? local office is closed because of covid. should i still fight for the denied i751?

As I said, there are very strict criteria for I-290B, mainly focussed on incorrect or unlawful application of the law, procedures. USCIS don't appear to have done this in your case, as regardless of why, you didn't show up, so they were correct in their actions (ironically they incorrectly apply the law and procedure in my case, so I perhaps should have filed an I-290B)

 

Whether you get it reopened or not, you WILL have an I-751 adjudicated. You may have a pending NTA appear at some point, so ultimately may have a court appearance to deal with. Or maybe you won't - no hard and fast rules for this.

Just remember that you remain a LPR, and ALL I-751s are adjudicated on the evidence provided, divorce is not a reason for denial, and mistakes happen.

Difficult not to drive yourself mad with this (trust me) but do try to keep calm. 

 

 

And please do post up what happens....it is helpful for others to find results based on experiences, rather than speculation. 

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

  • Captain Ewok changed the title to USCIS messed up my life and they don't admit their mistake. What is my option?
Posted

@geowrian and @mindthegap thanks for all of this help.

 

i worry about missing an nta after uscis denied my i751 and terminated status. i'm worrying because they can't update my address correctly. 

i check an online tool with my a number and it says 'no case was found'. i don't know if this tool is the right place to check and i don't know if they update their database.

 

how can i make sure that uscis doesn't forward my old/incorrect address to court so it causes another mistake and missing mail? 

maybe they didn't send me to court yet but i worry that somehow if i miss that court date, then it would be real problem.

 

thanks again.

Posted
1 hour ago, jakelake said:

I am somewhat confused. You were married 6 years and you did not get a permanent green card?

i was already on a work visa when i married and i applied for green card some time after marriage. 

problem was that my initial green card application and i751 took SO LONG time for no reason. unfortunately either my case went missing or something so i had to wait long time which caused delay.

Filed: Timeline
Posted

Can you please type out a timeline? I dont doubt anything you have posted but its a bit jumbled and hard to follow exactly what happened when. Also when did you hire an attny? And more specifically where did you hire the attny? Not many people on VJ use attnys- but I know for those that do use them with vawa cases the appointments for interview are set based on the attny address and not yours. So for those people (who may move away from where their attny is based) they have to notify USCIS that they want their interview in a different office from the one that is the attny local office. Im not sure if thats specific to their filing type or if its the general policy on when someone uses an attny. Also if you have a copy of the G28 it will show if you asked for notices to be sent to you +attny or just attny. 

 

Anyway unless you have removed the attny from the case the whole address not changing issue can be tied to that. You can reach out to your congressperson for help in confirming your address. Normally I would suggest an infopass and doing such at your local office but infopass is not an option right now. So reach out to your congressperson to see what address they have on file for you. When you file your new 751 are you going to be using an attny? Are they in your local area? 

 

Adding on to what mindthegap has posted- your 751 case was denied by USCIS. You need to file a new one. Now for the denied one you want to cross your fingers that they do not send the denied one to the court. If they do you are looking at a long court process and expenses related to it. Overall its not something to be so worried about, its just once your file enters the court system you have to go through the process to get out of the court system. Its best if you dont get into the court system! 

 

Unfortunately theres nothing you can do to influence whether or not you get sent to court. There is an 800 number you can call periodically that will tell you if your A# is in the court system. Technically when USCIS denies your 751 they are suppose to send it to court but they dont always do such promptly. Hopefully you can submit your 2nd 751 and they will see it pending and decide to not send the 1st one to court- but who knows what they will do. If they send it then they sent it. You will then have to go through the court process which would be nothing more then formalities of them acknowledging the first was denied and the second is pending and once the second is approved they will close your case. The court system is very difficult to navigate so you will most likely want or need an attny to do such for you hence the added expenses. 

 

Posted
38 minutes ago, Villanelle said:

Can you please type out a timeline? I dont doubt anything you have posted but its a bit jumbled and hard to follow exactly what happened when. Also when did you hire an attny? And more specifically where did you hire the attny? Not many people on VJ use attnys- but I know for those that do use them with vawa cases the appointments for interview are set based on the attny address and not yours. So for those people (who may move away from where their attny is based) they have to notify USCIS that they want their interview in a different office from the one that is the attny local office. Im not sure if thats specific to their filing type or if its the general policy on when someone uses an attny. Also if you have a copy of the G28 it will show if you asked for notices to be sent to you +attny or just attny. 

 

Anyway unless you have removed the attny from the case the whole address not changing issue can be tied to that. You can reach out to your congressperson for help in confirming your address. Normally I would suggest an infopass and doing such at your local office but infopass is not an option right now. So reach out to your congressperson to see what address they have on file for you. When you file your new 751 are you going to be using an attny? Are they in your local area? 

 

Adding on to what mindthegap has posted- your 751 case was denied by USCIS. You need to file a new one. Now for the denied one you want to cross your fingers that they do not send the denied one to the court. If they do you are looking at a long court process and expenses related to it. Overall its not something to be so worried about, its just once your file enters the court system you have to go through the process to get out of the court system. Its best if you dont get into the court system! 

 

Unfortunately theres nothing you can do to influence whether or not you get sent to court. There is an 800 number you can call periodically that will tell you if your A# is in the court system. Technically when USCIS denies your 751 they are suppose to send it to court but they dont always do such promptly. Hopefully you can submit your 2nd 751 and they will see it pending and decide to not send the 1st one to court- but who knows what they will do. If they send it then they sent it. You will then have to go through the court process which would be nothing more then formalities of them acknowledging the first was denied and the second is pending and once the second is approved they will close your case. The court system is very difficult to navigate so you will most likely want or need an attny to do such for you hence the added expenses. 

 

thank you for answer. 

i didn't hire attorney at first but i consulted NYC lawyers hourly so that's how i got advise.

 

i'm going to send new i751 within next 14 days. are you talking about this link and number to check court system? https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

1- i check with my a number and it says 'no case was found' does it mean that i'm not in the court yet? how can i be 100%sure to check court system and make sure i would be notified if anything changes?

 

i worry that uscis sends my wrong address to court so i can miss the nta/court letter too. is this possible? how can i make sure that i don't miss anything.

uscis says they have my right address but i dont trust them anymore

 

2 - also, when i send the new i751 and get a stamp, does it matter if i'm in court or not? can i still travel if i'm in court as well?

 

3 - my last question: if i go to court, when i prove that my marriage was real can the judge just approve my i751? if so why would i be afraid of court? i think court makes more sense. 

 

4 - when uscis opens to public, if i go to local office, can i have a chance to reopen my case?

 

thanks a lot again if you can respond.

Posted
58 minutes ago, Villanelle said:

Adding on to what mindthegap has posted- your 751 case was denied by USCIS. You need to file a new one. Now for the denied one you want to cross your fingers that they do not send the denied one to the court. If they do you are looking at a long court process and expenses related to it. Overall its not something to be so worried about, its just once your file enters the court system you have to go through the process to get out of the court system. Its best if you dont get into the court system!

Does this mean that even if he files a new I-751 he could still receive an NTA? 

Posted (edited)
58 minutes ago, SpanishBoyNYC said:

1- i check with my a number and it says 'no case was found' does it mean that i'm not in the court yet? how can i be 100%sure to check court system and make sure i would be notified if anything changes?

 

i worry that uscis sends my wrong address to court so i can miss the nta/court letter too. is this possible? how can i make sure that i don't miss anything.

uscis says they have my right address but i dont trust them anymore

Correct. There is no way to get notified (other than the NTA that is sent)...one would just need to keep checking in to see if they come up or not.

 

It's possible USCIS never actually sends the NTA, it gets lost in the mail, it gets sent to the wrong address, etc. It's not quite "common", but it is very far from unheard of given the sheer number of notices USCIS sends out that there are errors in the process.

 

Quote

2 - also, when i send the new i751 and get a stamp, does it matter if i'm in court or not? can i still travel if i'm in court as well?

Yes...although one would need to be absolutely certain not to miss their court appointment.

 

Quote

3 - my last question: if i go to court, when i prove that my marriage was real can the judge just approve my i751? if so why would i be afraid of court? i think court makes more sense. 

Court is much more complicated than USCIS. It is also essentially a last chance. I'd rather go through the hassles of USCIS than the hassles and risk of court, if it can be avoided.

 

Quote

4 - when uscis opens to public, if i go to local office, can i have a chance to reopen my case?

You would need an appointment first (they no longer do walk-ins or self-scheduling). They only grant appointments for certain reasons, namely those that cannot be done so online or over the phone + those which can be done on the spot in person.

I mean...no harm asking, but I would be kind of surprised if they accepted an interview to request reopening a case.

 

42 minutes ago, Allaboutwaiting said:

Does this mean that even if he files a new I-751 he could still receive an NTA? 

Yes. USCIS timing is pandora's box.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
17 minutes ago, SpanishBoyNYC said:

thank you for answer. 

i didn't hire attorney at first but i consulted NYC lawyers hourly so that's how i got advise.

 

i'm going to send new i751 within next 14 days. are you talking about this link and number to check court system? https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

1- i check with my a number and it says 'no case was found' does it mean that i'm not in the court yet? how can i be 100%sure to check court system and make sure i would be notified if anything changes?

 

i worry that uscis sends my wrong address to court so i can miss the nta/court letter too. is this possible? how can i make sure that i don't miss anything.

uscis says they have my right address but i dont trust them anymore

 

2 - also, when i send the new i751 and get a stamp, does it matter if i'm in court or not? can i still travel if i'm in court as well?

 

3 - my last question: if i go to court, when i prove that my marriage was real can the judge just approve my i751? if so why would i be afraid of court? i think court makes more sense. 

 

4 - when uscis opens to public, if i go to local office, can i have a chance to reopen my case?

 

thanks a lot again if you can respond.

2- There is a disconnect between the court system and the USCIS. You can get an NTA and have a pending case. It is very possible. If that happen, you will have to go to the initial court hearing once you get a date, which may take years. If that happen when you have a pending case with USCIS, the judge will pause the your Removal proceeding until USCIS make a decision. + It is also possible to get NTA after your case second case approved, crazy things happen, and if that happen, you will also need to show up in court so the judge can close the case. 

 

3- You didn't get denied because your marriage is not real, you got denied because you missed an interview. Judges don't adjudicate applications. If your second case get denied because not enough evidence, then yes, you can make a case in the court about your marriage

 

4- You got the same advice from everyone and from someone who was in a similar situation, and you still running circles around fighting with USCIS. In a plain straightforward way, re-file ASAP. Send the application with a waiver, divorce decree, any new evidence, and a letter explain everything from first date to divorce, and why you were denied. If you are eligible for N400, then apply for that too after your second I-751 get accepted.  

 

Then again, do whatever you think is best for you, but fighting with USCIS about either or not they send you an interview notice, is a war, you are 99.999999% going to lose.

 

Good luck

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
39 minutes ago, Allaboutwaiting said:

Just out of curiosity.

If the OP left the US before filing anything, and wanted to return years later, what would be his "status"? Abandonment of LPR?

Others in such a situation are normally refused entry at POE secondary as the system will likely show they abandoned their LPR status and did not file for ROC, did not get an extension letter, stamp, or re-entry permit, etc.  One could always explain their history and details, cite case law, and ask to appear before an immigration judge, but any LPR who is outside the US for years could be refused entry by CBP.  Only US citizens are guaranteed entry.

Filed: Timeline
Posted
56 minutes ago, SpanishBoyNYC said:

thank you for answer. 

i didn't hire attorney at first but i consulted NYC lawyers hourly so that's how i got advise.

 

i'm going to send new i751 within next 14 days. are you talking about this link and number to check court system? https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

1- i check with my a number and it says 'no case was found' does it mean that i'm not in the court yet? how can i be 100%sure to check court system and make sure i would be notified if anything changes?

 

i worry that uscis sends my wrong address to court so i can miss the nta/court letter too. is this possible? how can i make sure that i don't miss anything.

uscis says they have my right address but i dont trust them anymore

 

2 - also, when i send the new i751 and get a stamp, does it matter if i'm in court or not? can i still travel if i'm in court as well?

 

3 - my last question: if i go to court, when i prove that my marriage was real can the judge just approve my i751? if so why would i be afraid of court? i think court makes more sense. 

 

4 - when uscis opens to public, if i go to local office, can i have a chance to reopen my case?

 

thanks a lot again if you can respond.

1. You should contact your congressperson about the address issue. Everyone has 2 Senators and 1 House of representative they can contact. Use google to find out who your reps are. Their respective webpages will have info on how to contact them for immigration assistance. Typically you have to print out a release form for them to speak to USCIS on your behalf. Previously you would have to go to the congresspersons local office but due to the pandemic they are conducting more business remotely- so go to their website and email/call and find out what they need from you to help you. Any of the 3 can help you. You can also use google or VJ search to see others experiences with them. Some are reportedly more helpful then others. Political party does not matter. 

 

So again, contact your congressperson and ask them to help you. You want them to confirm with USCIS what your current address is because you are having problems. Please post back if you need help with this or use search to find threads detailing the process of asking for help from congressperson. 

 

2 & 3. The Judge can not adjudicate 751 cases. If you read through mindthegaps post history (go to their profile and click to view their posts) you will find lots of detailed information. For whatever odd reason though Judges can not adjudicate the 751. In very basic terms (because its very complicated) when the 751 is denied by USCIS it goes to a Judge. As previously explained a Judge is the only one who can technically strip LPR status from someone. So USCIS denies and can mark you as 'terminated' but its meaningless really. Its just an internal USCIS status of terminated. (unless you are attempting to petition someone right now dont worry about the terminated status on USCIS end) It is then sent to the Judge to do the actual termination- so until that happens you can get 551 stamps and still have status if that makes sense. When the denied 751 gets infront of a Judge they will review why it was denied. They can either uphold the denial and strip your status or send it back to USCIS. They can not approve you. Typically people send in a 2nd 751. In which case the Judge will hold your denied 751 and wait for USCIS to process your 2nd 751. Its important to have a second 751 filed because you want USCIS to process it and approve it so that it 'overrides' the first ones denial. Its generally easier to file a second 751 and have it evaluated on its own then to try to appeal and undo the first ones denial. Its also easier to get the 551 stamp with the second 751 pending then to try to get a stamp because you are in court. (in that scenario you may have to wait for a court notice to even get the stamp!) So file the second 751 ASAP. Once you get the NOA for it you will need to contact the phone center and speak to a tier 2 to get an infopass appt. They will give you one for a stamp if you can show you need it. A pending job offer or travel. Otherwise they are going to tell you due to the pandemic that they are not open for such. Local offices are starting to reopen it seems so things are changing daily. Once you have the NOA though see if you can make the infopass appt online, if not use the phone center. You can also try using the congressperson to help you get an infopass for the stamp if needed. 

 

4. The local office can not help you with reopening your case. Generally when you are denied you file the motion to reopen or reconsider. You did that and it was denied. Im sure there is a process for appealing an appeal but honestly IMO its not really worth the hassle. If thats something you want to explore though I can try to dig up some information on it. You most likely would need an attny for such. I suspect your appeal was denied because you did it yourself right? The appeal form has various things you can check off on it. Some of the boxes require you to quote legal policy and if you checked that and didnt provide the legal reference it would be denied... Again I suspect that is what happened.... Im also still confused because you are saying you didnt have an attny? Yet in your posts you mention they sent an interview notice to you and your attny? That doesnt make any sense- hence why i asked if you could write out a timeline and note when an attny was involved.

 

Personally I am a curious person and are interested in seeing what went wrong and why but honestly its not important. Its more important to fix things- which IMO is best done by refiling then to attempting to correct with appealing the appeal and understand what went wrong. But its ultimately up to you. If and when you do end up at the local office for the stamp you can attempt to speak to someone or give them a letter to add to your case file explaining you didnt get the interview notice and were denied the appeal and respectfully ask for them to NOT send you to court since you have a pending 2nd 751. It may not make a difference though- they are suppose to send the 1st denied one to court. They dont really like doing such though because the court system is so overwhelmed. It will really depend on the people in your local office. At least try to ask them to not send it to court.  Im just giving you a heads up that if it is sent to court you are going to be looking at it taking several years to get resolved due to the backlog and will most likely need to hire an attny for the court stuff which can be costly. 

 

 

As for traveling- most attnys will advise you not to travel. Esp if you are in the court system. The reason is because if you are outside of the US and you miss something from the court (fail to appear or respond) they can strip your status and if you are outside the US you will not be allowed back in to dispute it. So only travel if you must. Make sure to call the 800 number to check if you are in the court system and have someone reliable able to check your mail as well as use the informed delivery service from the post office. 

 

40 minutes ago, Allaboutwaiting said:

Does this mean that even if he files a new I-751 he could still receive an NTA? 

Yes. The 751 is a unique form. You are allowed to file it as many times as you want. Each filing is almost like a train leaving the station. It must make it to the end regardless. So once it leaves the station it has to have a ending. It doesnt just end because a different train reached the destination. So his train 1 was denied. He then starts train 2. If USCIS switches the track for train 1 and reroutes it to court then train 1 is still active and has to go through the court system to get to the end regardless of train 2. But if USCIS leaves train 1 where it is stopped on the tracks as a denial (does not send to court) and it stays frozen as denied but not sent to court while train 2 gets processed and ultimately approved- when train 2 is approved its over. train 1 will be closed out as completed as well because he would have been ROC approved based on #2-  so train 1 could not be sent to court at that point if that makes sense.  

 
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