I-551 Stamp with a very old denial letter

[Alexmat1 9]

I went through a divorce. Applied for I-751 before the two year period, and USCIS send an RFE asking for divorce decree. Case was dragging in family court, so couldnt send that and I-751 was denied and denial letter sent in 2016. The divorce case went through trial and was finally over in 2018. The letter contained the standard language that I can expect an NTA.

I wanted to reapply for I-751 after that, but waited for several reasons. Now I have an immediate need to travel outside the country for 3 weeks (if I can travel and reenter US safely) . I dont have time to gather all evidences and reapply for I-751. Also I feel if I restart I-751 I will have to wait for biometrics which will again delay my travel. I plan to reapply the I-751 once I am back in the country. Even if I apply I-751, the I 797 extension letter doesnt make any meaning as it is extending the status of a already expired GC, which would mean its still expired. Thus I assume I-551 stamp need not be based on the second I-751 but can be based on the earlier denial letter ? 

 

My questions are as follows:

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible)

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me ? 

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94) ?

 

Advise me pls. I read through many topics on this forum but nothing to the point.

 

[Boiler 45,464]

Not sure I see the basis for a stamp and pretty much all offices do not have walk ins any longer.

[African Zealot 1,455]

In my opinion your chances of getting stamped are slim and none. You didn’t make resolving your immigration situation a priority. Now you will have to del with the negative consequences.

 

It is what it is.

 

 

[Ayrton 965]

5 hours ago, Alexmat1 said:

I went through a divorce. Applied for I-751 before the two year period, and USCIS send an RFE asking for divorce decree. Case was dragging in family court, so couldnt send that and I-751 was denied and denial letter sent in 2016. The divorce case went through trial and was finally over in 2018. The letter contained the standard language that I can expect an NTA.

I wanted to reapply for I-751 after that, but waited for several reasons. Now I have an immediate need to travel outside the country for 3 weeks (if I can travel and reenter US safely) . I dont have time to gather all evidences and reapply for I-751. Also I feel if I restart I-751 I will have to wait for biometrics which will again delay my travel. I plan to reapply the I-751 once I am back in the country. Even if I apply I-751, the I 797 extension letter doesnt make any meaning as it is extending the status of a already expired GC, which would mean its still expired. Thus I assume I-551 stamp need not be based on the second I-751 but can be based on the earlier denial letter ? 

 

My questions are as follows:

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible)

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me ? 

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94) ?

 

Advise me pls. I read through many topics on this forum but nothing to the point.

 

You failed to file for ROC, so I believe you're technically not even authorized to stay in the US anymore. You're gonna have to file for ROC, get the new passport and then try to get an appointment to get the stamp.

Edited August 19, 2020 by Ayrton

[jakelake 222]

You seem to do things when you want. Unfortunately, that is not how it works. There are deadlines for everything.

This is a case where you really need the advice of an experienced immigration lawyer.

[geowrian 22,337]

1) Generally they will want to see a currently pending I-751. A denied case has no utility. I will defer to others if it is technically required or not, but USCIS is very tight on the stamps right now and anything else that requires in-person contact.

2) Walk-ins would be for an emergency only, and no guarantee you will be admitted or served. Walk-ins are not intended to bypass a process already available. You need to call USCIS and request the appointment.

3) If you have an expired passport, they should be able to stamp a letter (once you can get a stamp). Although if you have an expired passport, that would generally be an issue for traveling abroad by air. It probably makes more sense to get the passport renewed first then get the stamp.

4) Not sure what change you are referring to here specifically. Do expect to go through secondary inspection. There is a risk that an NTA could be issued while abroad.

5) No.

[mushroomspore 3,044]

7 hours ago, Alexmat1 said:

I went through a divorce. Applied for I-751 before the two year period, and USCIS send an RFE asking for divorce decree. Case was dragging in family court, so couldnt send that and I-751 was denied and denial letter sent in 2016. The divorce case went through trial and was finally over in 2018. The letter contained the standard language that I can expect an NTA.

I wanted to reapply for I-751 after that, but waited for several reasons. Now I have an immediate need to travel outside the country for 3 weeks (if I can travel and reenter US safely) . I dont have time to gather all evidences and reapply for I-751. Also I feel if I restart I-751 I will have to wait for biometrics which will again delay my travel. I plan to reapply the I-751 once I am back in the country. Even if I apply I-751, the I 797 extension letter doesnt make any meaning as it is extending the status of a already expired GC, which would mean its still expired. Thus I assume I-551 stamp need not be based on the second I-751 but can be based on the earlier denial letter ? 

 

My questions are as follows:

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible)

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me ? 

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94) ?

 

Advise me pls. I read through many topics on this forum but nothing to the point.

 

1-5. Get a lawyer.

[mindthegap 2,590]

9 hours ago, Alexmat1 said:

 

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

No,  I believe it cannot be based on the denied I-751.

You can obtain one based on the law that says you are entitled to one after denial until your court hearing, but as someone who is also in this situation (denial) I personally would not and did not consider leaving the country without refiling a fresh I-751 and then getting a stamp linked to that (the stamp is annotated with the new I-751 receipt number).

 

If you do, you run the risk of being denied entry,  paroled in for a hearing (not admitted as a LPR), or maybe even detained pending a hearing. They WILL take you to secondary to verify your status when you re-enter, and they will see you have a denial (the stamp will be annotated 'TC-1" indicating spouse of a US citizen denied/re-opened).

Also getting them to issue a stamp without a fresh filing might be a mission, despite what the law says, as USCIS staff are often a law unto themselves.

 

I have had no re-entering issues after refiling and getting stamps. It has the receipt number written on it, and is annotated so they know exactly what it is. 

 

 

9 hours ago, Alexmat1 said:

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible)

 

No walk ins (there aren't any usually unless you get lucky), and appointments for 'emergencys' only (leaving the legality of that aside) on short notice. They WILL ask you for proof of imminent travel if you state that as the reason.

 

9 hours ago, Alexmat1 said:

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully

There is no requirement to have a valid passport, so yes they can issue an I-551 stamp on an I-94, but if its only ten days just wait. It''ll be a lot easier than trying to get them to issue it on an I-94. 

 

9 hours ago, Alexmat1 said:

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me ? 

I don't believe so.

Regardless, that would be an I-864 issue for your ex-spouse.

 

9 hours ago, Alexmat1 said:

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94) ?

 

As above, you run the risk of being denied entry,  paroled in...or detained pending a hearing.

If there is even the slightest risk of this happening do you really want to chance it?

Just file the fresh I-751 and send it overnight - which you will more than likely have to do eventually anyway when it gets to court - get the stamp, and travel in the knowledge you won't have issues returning. You can send the evidence at a later date. 

 

I find it staggering that you have left this FOUR  years before addressing it and now suddenly want it done quickly, on your terms... USCIS doesn't work like that, as I have experienced time and time again. 

Have you checked the automated line to see if there has been an order of removal against you in court in abstentia (say, if you didn't receive the letter because you moved?).

Do that now - dial 1-800-898-7180 and have your A# to hand. 

 

 

4 hours ago, Ayrton said:

You failed to file for ROC, so I believe you're technically not even authorized to stay in the US anymore. You're gonna have to file for ROC, get the new passport and then try to get an appointment to get the stamp.

They did file, and received a denial. They remain a LPR until a final order of removal by an immigration judge, so yes, they are authorized to stay. 

Even if they hadn't filed, they would still be authorized to stay until that same order of removal. 

However, staying and travelling are completely different things. 

 

[Mollie09 1,543]

11 hours ago, Alexmat1 said:

I went through a divorce. Applied for I-751 before the two year period, and USCIS send an RFE asking for divorce decree. Case was dragging in family court, so couldnt send that and I-751 was denied and denial letter sent in 2016. The divorce case went through trial and was finally over in 2018. The letter contained the standard language that I can expect an NTA.

I wanted to reapply for I-751 after that, but waited for several reasons. Now I have an immediate need to travel outside the country for 3 weeks (if I can travel and reenter US safely) . I dont have time to gather all evidences and reapply for I-751. Also I feel if I restart I-751 I will have to wait for biometrics which will again delay my travel. I plan to reapply the I-751 once I am back in the country. Even if I apply I-751, the I 797 extension letter doesnt make any meaning as it is extending the status of a already expired GC, which would mean its still expired. Thus I assume I-551 stamp need not be based on the second I-751 but can be based on the earlier denial letter ? 

 

My questions are as follows:

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible)

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me ? 

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94) ?

 

Advise me pls. I read through many topics on this forum but nothing to the point.

 

Why did you apply for the I-751 before the two year period if you didn't have a divorce decree? That's the first requirement of a waiver petition.

 

[mushroomspore 3,044]

1 hour ago, Mollie09 said:

Why did you apply for the I-751 before the two year period if you didn't have a divorce decree? That's the first requirement of a waiver petition.

 

That and why let it sit like this for nearly half a decade?

Edited August 19, 2020 by mushroomspore

[Alexmat1 9]

4 hours ago, Mollie09 said:

Why did you apply for the I-751 before the two year period if you didn't have a divorce decree? That's the first requirement of a waiver petition.

 

I went to an attorney first time, and she said we should file I-751 before the 2 year deadline on Conditional card comes up. Now I know if its a waiver case, I can wait to get all the evidences and not have to necessarily be within the 2 year deadline (which only applies to joint filers). 

[pablo2752 106]

Get a lawyer with experiences in I-751 with divorce waiver asap. Why did you even wait after your divorce was complete?? immigration matter isn't something you can just push it aside and do it later. 

[Alexmat1 9]

6 hours ago, mindthegap said:

No,  I believe it cannot be based on the denied I-751.

You can obtain one based on the law that says you are entitled to one after denial until your court hearing, but as someone who is also in this situation (denial) I personally would not and did not consider leaving the country without refiling a fresh I-751 and then getting a stamp linked to that (the stamp is annotated with the new I-751 receipt number).

 

If you do, you run the risk of being denied entry,  paroled in for a hearing (not admitted as a LPR), or maybe even detained pending a hearing. They WILL take you to secondary to verify your status when you re-enter, and they will see you have a denial (the stamp will be annotated 'TC-1" indicating spouse of a US citizen denied/re-opened).

Also getting them to issue a stamp without a fresh filing might be a mission, despite what the law says, as USCIS staff are often a law unto themselves.

 

I have had no re-entering issues after refiling and getting stamps. It has the receipt number written on it, and is annotated so they know exactly what it is. 

 

 

No walk ins (there aren't any usually unless you get lucky), and appointments for 'emergencys' only (leaving the legality of that aside) on short notice. They WILL ask you for proof of imminent travel if you state that as the reason.

 

There is no requirement to have a valid passport, so yes they can issue an I-551 stamp on an I-94, but if its only ten days just wait. It''ll be a lot easier than trying to get them to issue it on an I-94. 

 

I don't believe so.

Regardless, that would be an I-864 issue for your ex-spouse.

 

 

As above, you run the risk of being denied entry,  paroled in...or detained pending a hearing.

If there is even the slightest risk of this happening do you really want to chance it?

Just file the fresh I-751 and send it overnight - which you will more than likely have to do eventually anyway when it gets to court - get the stamp, and travel in the knowledge you won't have issues returning. You can send the evidence at a later date. 

 

I find it staggering that you have left this FOUR  years before addressing it and now suddenly want it done quickly, on your terms... USCIS doesn't work like that, as I have experienced time and time again. 

Have you checked the automated line to see if there has been an order of removal against you in court in abstentia (say, if you didn't receive the letter because you moved?).

Do that now - dial 1-800-898-7180 and have your A# to hand. 

 

 

They did file, and received a denial. They remain a LPR until a final order of removal by an immigration judge, so yes, they are authorized to stay. 

Even if they hadn't filed, they would still be authorized to stay until that same order of removal. 

However, staying and travelling are completely different things. 

 

Thanks @mindthegap for the elaborate help. 

 

So as I understand this is what I do :

1) File the I-751 with the basic forms and I can submit evidences later ? Or better I can take a week to collect all evidences and send in a complete package.

2) Yes I keep checking the automated line to see if there is any order and I did that yesterday and after entering the A number, it said no records found - I believe no actions yet ? 

3) Would you know after re-filing the I-751, should I also wait for the Bio metrics to be completed before getting a stamp ? Or can I get a stamp with the extension letter , not do the biometrics now (if I get an appointment can I reschedule it to after I return back into the country) ? 

4) What is the usual time period to receive the extension letter - Is it like a month after filing.

5) Am I out of status from 2016 till I refile I-751 again ? In which case would that cause a problem at re-entry to US after travel (even if I have a fresh I-551 stamp). Would I face the 3 or 10 year ban ? I was under the understanding even with a denial I am still a LPR and thus not out of status.

6) Assuming I refile I-751 and get a fresh I-551 stamp, is there any OTHER RISK to travelling out of the country for 3 weeks that is immigration related. Can I be denied entry for any reason that I haven't anticipated here (no criminal record).

7) Its 2 years that I left it hanging, as the divorce was completed it 2018 when I got the divorce decree. Still I admit I should have got to this before. I was drawn into an appeal case after my divorce which consumed all my focus.

 

Thanks

[dwheels76 5,468]

Lord what a mess.

1) Can I go to USCIS and get I-551 based on earlier I-751 that was denied in 2016. Since technically I was told to wait for an NTA, and while waiting for it, can I ask for a proof of GC on my passport ? 

No you can not get a stamp off a denial basis. You do realize with a denied ROC you probably are in deportation proceedings.

 

2) Infopass at USCIS - I learnt there are no more online Infopass appointments. In which case can I do a walk in (assuming #1 above is possible).

No such thing as walk-ins. There wasn't walk-ins before COVID. You can try and call and make an Infopass appointment. They are only issuing 551 stamps for emergencies. Maybe in their system they feel you are okay to get one. Why you didn't file another I-751 I have no idea that is your only path to be in legal status. Because right now you are not.

 

3) My passport is expired so I have applied to renew it (it takes about 10 days in expedited mode), so can I get the I-551 stamped on I94 ? Can I then travel with this I94 and the NEW passport and Re enter US successfully.
Like we all have said you have no basis to get a I-551 stamp. You need to file your I-751 that will get you in probably.

 

4) Lastly I receive Medicaid and Food coupon benefits - with the recent Public charge evaluation at re entry done by CBP , would this affect me?
Legal Permanent Resident aren't eligible for Medicaid and food stamps. So expect your Sponsor to get the bill for that.

 

5) Would I be treated as without status and thus receive a 10 year ban on re entry (even if I get the I-551 on I94)?
You just might if you leave without a extension letter (File your I-751) or if they allow a stamp. You have no basis to be allowed back in the country.

[dwheels76 5,468]

7 minutes ago, Alexmat1 said:

Thanks @mindthegap for the elaborate help. 

 

So as I understand this is what I do :

1) File the I-751 with the basic forms and I can submit evidences later ? Or better I can take a week to collect all evidences and send in a complete package.

2) Yes I keep checking the automated line to see if there is any order and I did that yesterday and after entering the A number, it said no records found - I believe no actions yet ? 

3) Would you know after re-filing the I-751, should I also wait for the Bio metrics to be completed before getting a stamp ? Or can I get a stamp with the extension letter , not do the biometrics now (if I get an appointment can I reschedule it to after I return back into the country) ? 

4) What is the usual time period to receive the extension letter - Is it like a month after filing.

5) Am I out of status from 2016 till I refile I-751 again ? In which case would that cause a problem at re-entry to US after travel (even if I have a fresh I-551 stamp). Would I face the 3 or 10 year ban ? I was under the understanding even with a denial I am still a LPR and thus not out of status.

6) Assuming I refile I-751 and get a fresh I-551 stamp, is there any OTHER RISK to travelling out of the country for 3 weeks that is immigration related. Can I be denied entry for any reason that I haven't anticipated here (no criminal record).

7) Its 2 years that I left it hanging, as the divorce was completed it 2018 when I got the divorce decree. Still I admit I should have got to this before. I was drawn into an appeal case after my divorce which consumed all my focus.

 

Thanks

1) File the I-751 with the basic forms and I can submit evidences later ? Or better I can take a week to collect all evidences and send in a complete package.
No you file your whole petition package. Now is not the time to cut corners to just file.
 

3) Would you know after re-filing the I-751, should I also wait for the Bio metrics to be completed before getting a stamp ? Or can I get a stamp with the extension letter , not do the biometrics now (if I get an appointment can I reschedule it to after I return back into the country) ?
Okay one thing it's not all automatically. Extension letters are taking months to get when it use to be 2 to 3 weeks after filing. We are in a pandemic. Fast service is no more. Biometrics  can come whenever. Many ASC (biometric centers) are still not open. We got Biometrics letter 10 months after filing our I-751 and that was in 2019.
 

4) What is the usual time period to receive the extension letter - Is it like a month after filing.
See answer above. You won't be getting a letter soon.

 

5) Am I out of status from 2016 till I refile I-751 again ? In which case would that cause a problem at re-entry to US after travel (even if I have a fresh I-551 stamp). Would I face the 3 or 10 year ban ? I was under the understanding even with a denial I am still a LPR and thus not out of status.
Yes you are. I wouldn't be surprised if you are in deportation proceedings. It's bee 4 years dear. You have nothing to reenter with without a valid green card or Extension letter. Even those in good standing and file must have their expired green card and extension letter.
What would you even use to get back in US?
 

6) Assuming I refile I-751 and get a fresh I-551 stamp, is there any OTHER RISK to traveling out of the country for 3 weeks that is immigration related. Can I be denied entry for any reason that I haven't anticipated here (no criminal record).
If you file I-751 forget the stamp you will have to wait for the letter.

 

7) Its 2 years that I left it hanging, as the divorce was completed it 2018 when I got the divorce decree. Still I admit I should have got to this before. I was drawn into an appeal case after my divorce which consumed all my focus