I have been waiting for almost 7 years for i751 approval

[Rocio0010 5,579]

28 minutes ago, DelayedinSS said:

. Why didnt they just deny me if they had concerns?

Usually they don’t deny you right away after the interview and they called you to a stokes interview, which you failed to show up to. And still, with all due respect, if you didn’t receive any RFE, how you know that the IO thought you were fraudulent? Did he say it right there and then? IO are human beings and can make mistakes, but they don’t call to a stokes interview just because you come from A high fraud country. There has to be something you’re not disclosing.
Any previous criminal records? Have you been married before? How did you come to the US?

[DelayedinSS 11]

No previous charges or convictions for my spouse and I. I came on a b2 visitor visa and overstayed.My husband was married before--many years ago. Can I apply for daca if i am denied? 

[April M 28]

On 4/2/2021 at 11:50 AM, DelayedinSS said:

I would like to share some disgraceful developments at the Baltimore Field Office. I applied for my i-485 in September 2011 based on my marriage to a USC. I received my conditional green card shortly after that. I applied for removal of Conditions (I751) in October 2014. I have not yet been approved. I went for an i-751 interview in October 2015. In October 2017, I applied for my citizenship through the n400. I have not yet received a response on my i-751 case. It has been almost 7 years. I did not receive an RFE. In January 2021, I received a notice to appear for another i-751 interview. I did not attend the interview because my husband is in another state. I requested that my interview be rescheduled. My husband is frustrated with this entire process and does not want to fly back for an interview (COVID pandemic, and has a sick relative that he is caring for). I do not know what will happen with my case. It has been almost 7 years and USCIS has not ruled on my case. What if my husband refuses to attend the next interview? Will they deny my case? I just want a resolution so that I can move on in life.

I did not have to be at my husband's interview. I don't know why he would have to be at yours? I'm confused about this. My husband had to go to another physical and interview twice and a long time between because of Covid. We just got him there and gave the papers they wanted and everything was fine. What do you have to loose by following through, you already spent 7 years waiting. Go for it. Get it done. 

[aaron2020 11,651]

4 hours ago, DelayedinSS said:

No previous charges or convictions for my spouse and I. I came on a b2 visitor visa and overstayed.My husband was married before--many years ago. Can I apply for daca if i am denied? 

You can not apply for DACA.  You are not an undocumented immigrant.  You already have a green card.

[aaron2020 11,651]

11 minutes ago, April M said:

I did not have to be at my husband's interview. I don't know why he would have to be at yours? I'm confused about this. My husband had to go to another physical and interview twice and a long time between because of Covid. We just got him there and gave the papers they wanted and everything was fine. What do you have to loose by following through, you already spent 7 years waiting. Go for it. Get it done. 

You're confused about this because you're mixing up the requirements for interviewing for an immigrant visa and ROC.

Your husband went through an immigration visa interview in his country.  The petitioner is not required to be at the immigrant visa interview.  

 

DelayedinSS is going through a Removal of Condition.  She already is in the US and has a conditional green card.  After two years of having a conditional green card, she is required to file to remove the conditions.  Her husband and her are required to attend an interview together and show that they have a real marriage after being together in the US for 2 years.  You and your husband will be going through this process in two years.

Edited April 5, 2021 by aaron2020

[DelayedinSS 11]

If my i751 is denied, do I lose my work eligibility? I am worried about what will happen when it is denied. I will appeal, obviously, but what are the chances of success on the appeal? Are most appeals granted or denied? Can I still work while waiting on the appeal? Will i have to go back to my country of origin? This is very complicated and nerve wrecking. 

[DelayedinSS 11]

If i lose my status as a greencard holder, i thought i would become an undocumented immigrant and thus eligible for DACA. 

[mindthegap 2,590]

6 minutes ago, DelayedinSS said:

If my i751 is denied, do I lose my work eligibility? 

Not until you have a court hearing and a final order of removal by an immigration judge, at which point you would no longer be a permanent reisdent. Genco opinion 96-12 and lots of case law has clarified that you are entitled to proof of status until and during any such hearing. It is complicated as USCIS claim your status is terminated upon denial, which it actually isn't. Regardless, the answer to your question is no, you do not. 

 

6 minutes ago, DelayedinSS said:

I will appeal, obviously, but what are the chances of success on the appeal? 

There is no appeal, as the denial letter will clearly state.

 

You can file an I-290B which is a motion to either re-open based on additional evidence not previously submitted, or to re-consider based on incorrect application of the law or policy - or both - but this is not the same as an appeal. Those are the two options.

 

You can also refile a new I-751....but if it is simply a duplicate of the previously submitted one with exactly the same evidence, it will get denied again. 

 

6 minutes ago, DelayedinSS said:

 Can I still work while waiting on the appeal? 

Yes

 

 

6 minutes ago, DelayedinSS said:

 Will i have to go back to my country of origin? 

🤷‍♀️

 

6 minutes ago, DelayedinSS said:

This is very complicated and nerve wrecking. 

 

Yep.

Edited April 5, 2021 by mindthegap

[ColoradoBeauty 79]

6 minutes ago, DelayedinSS said:

If i lose my status as a greencard holder, i thought i would become an undocumented immigrant and thus eligible for DACA. 

That's Childhood Arrivals, so you have to come to the US before reaching your 16th birthday.  

https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca

 

[Marieke H 2,498]

You need to talk to an experienced immigration attorney about ALL the details of your case, instead of sharing bits and pieces and grasping at straws on an immigration forum.

[DelayedinSS 11]

I came to the US before my 16th bday. I only applied for my greencard because daca was not available to me. I also fell in love and thought marriage was the answer. I submitted my paperwork in 2011.

[Rocio0010 5,579]

As somebody has said, you need to talk to an immigration attorney. You keep sharing bits of information in comments instead of including them all in one post, which makes it hard to read. Also, I think appeals are done only in case USCIS has made a wrong judgment, and which doesn’t seem to be the case here.

[ColoradoBeauty 79]

18 hours ago, aaron2020 said:

You can not apply for DACA.  You are not an undocumented immigrant.  You already have a green card.

I think aaron2020 is correct and since you are a green card holder, you can't apply for DACA, but yeah lawyer consultation would be better.  Maybe try a lawyer that offer free consultation.  

[aaron2020 11,651]

A free consultation is not going to help.

 

This is a complex case that has a LONG history.  It will take many hours of review to determine what is going on and what possible solutions may be available.  

This is not a simple ROC case.   

[Rocio0010 5,579]

11 minutes ago, aaron2020 said:

A free consultation is not going to help.

 

This is a complex case that has a LONG history.  It will take many hours of review to determine what is going on and what possible solutions may be available.  

This is not a simple ROC case.   

Yep. Definitely not a DIY. I hate to think like this, but I feel there’s something OP isn’t disclosing here