Petition denied. Need help

[willnmahi 2]

Hello. We filed last April to remove conditions after the 2 year green card through the K1. We received no notices or RFEs from then until now. We just got a letter saying that our I-751 was denied because we didn't respond to a RFE sent September 2020. We never received an RFE back in 2020. Also, when we checked online, it never said that they sent an RFE. It only says case received and then the last message was August 2020 and it said "Case was updated to show fingerprints were taken". If they even sent an RFE several months ago, shouldn't the online status reflect this? Should we bother calling them or should we just get a lawyer? Any help would be appreciated. 

[Crazy Cat 41,888]

***Moved to the Removing Conditions on Residency discussion area***

[igoyougoduke 1,656]

17 minutes ago, willnmahi said:

Hello. We filed last April to remove conditions after the 2 year green card through the K1. We received no notices or RFEs from then until now. We just got a letter saying that our I-751 was denied because we didn't respond to a RFE sent September 2020. We never received an RFE back in 2020. Also, when we checked online, it never said that they sent an RFE. It only says case received and then the last message was August 2020 and it said "Case was updated to show fingerprints were taken". If they even sent an RFE several months ago, shouldn't the online status reflect this? Should we bother calling them or should we just get a lawyer? Any help would be appreciated. 

get a lawyer and take them to court. its a waste of time and resources with USCIS. Once the judge gets involved it makes life difficult for USCIS 

[da95826 387]

Sorry this happened to you, yes hire a good immgration lawyer right away.

 

You will likely need to file a new i751 before your case is sent to court for removal proceedings. There is no real appeal for an i751 case, not sure if you can get your old i751 reopened, somehow due to USCIS error or the post office mis handling the RFE notice letter.

 

In any case you should act quickly.

[mindthegap 2,590]

Send a request for what is called a Service Motion.

They can re-open it using this - it is specifically within their powers to do so, so a letter and/or infopass clearly stating you didn't receive an RFE, so were unable to respond to it should eventually get it sorted...of course getting someone with an ounce of intelligence at USCIS to read the damn thing is not easy. 

It happens more than you think with RFE and interview notices.

 

The other option rather than waiting for a response to the above, is simply to file an I-751 again (and pay again) - with a letter specifically stating the late filing is due to the denial of the first filing in error.

 

 

And yes, before you ask, you can continue to work and remain a Lawful Permanent Resident until an immigration judge says otherwise (if you did nothing you would eventually get an NTA with a court date)

 

[Timona 4,207]

Make an info pass appoinment and go to your local USCIS office. I think I got one loooooong ago when I was doing my AOS stating I had failed to show up for an interview. Thinking about it now, I just went to the USCIS office and they quickly told me to dismiss it.

[LirikVJUser 28]

19 hours ago, willnmahi said:

Hello. We filed last April to remove conditions after the 2 year green card through the K1. We received no notices or RFEs from then until now. We just got a letter saying that our I-751 was denied because we didn't respond to a RFE sent September 2020. We never received an RFE back in 2020. Also, when we checked online, it never said that they sent an RFE. It only says case received and then the last message was August 2020 and it said "Case was updated to show fingerprints were taken". If they even sent an RFE several months ago, shouldn't the online status reflect this? Should we bother calling them or should we just get a lawyer? Any help would be appreciated. 

There's 2 online systems where you can check the status of you application

Old: https://egov.uscis.gov/casestatus/landing.do

New one where you have to create a new myuscis account: https://my.uscis.gov/

 

Did you check both?

 

Also do you happen to have a long address with an apartment number?

Edited April 13, 2021 by LirikBlaidd87

[willnmahi 2]

10 minutes ago, LirikBlaidd87 said:

There's 2 online systems where you can check the status of you application

Old: https://egov.uscis.gov/casestatus/landing.do

New one where you have to create a new myuscis account: https://my.uscis.gov/

 

Did you check both?

 

Also do you happen to have a long address with an apartment number?

Thanks for all the responses. Yes, I've checked both those systems and the last message on both is that fingerprints were reused last August. There is nothing about a RFE or a denial. Our address has stayed the same and it is a house. If we were truly sent a RFE and given an eventual denial, should that be reflected online now when I type in the receipt number?

[PedroDaGr8 245]

12 minutes ago, willnmahi said:

Thanks for all the responses. Yes, I've checked both those systems and the last message on both is that fingerprints were reused last August. There is nothing about a RFE or a denial. Our address has stayed the same and it is a house. If we were truly sent a RFE and given an eventual denial, should that be reflected online now when I type in the receipt number?

Print out the histories from those pages showing no steps indicating and RFE, that could be useful information later. The systems can take time to update so make sure you can show that as of today that there was no history showing an RFE.

Edited April 13, 2021 by PedroDaGr8

[willnmahi 2]

Someone mentioned that she doesn't have to leave the country yet but our letter says that she needs to leave immediately and mail in her card. Should I just ignore that for now?

9 minutes ago, PedroDaGr8 said:

Print out the histories from those pages showing no steps indicating and RFE, that could be useful information later. The systems can take time to update so make sure you can show that as of today that there was no history showing an RFE.

 

I will do that today. Thanks!

[igoyougoduke 1,656]

9 minutes ago, PedroDaGr8 said:

Print out the histories from those pages showing no steps indicating and RFE, that could be useful information later. The systems can take time to update so make sure you can show that as of today that there was no history showing an RFE.

USCIS has denied the petition. you can file MTR but it takes time and USCIS is using COVID as an excuse to change processing time from days to decades. Your fastest bet is to get a lawyer and file a mandamus. you will get an approval decision  provided all your documents are correct when Courts intervene. There is simply no other way in your case. you can file Motion to Reopen ( MTR) but it will take time and USCIS moves like a Tortoise 

[mindthegap 2,590]

55 minutes ago, igoyougoduke said:

USCIS has denied the petition. you can file MTR but it takes time and USCIS is using COVID as an excuse to change processing time from days to decades. Your fastest bet is to get a lawyer and file a mandamus. you will get an approval decision  provided all your documents are correct when Courts intervene. There is simply no other way in your case. you can file Motion to Reopen ( MTR) but it will take time and USCIS moves like a Tortoise 

This is not correct.

An I-290B is not applicable for this, for either a motion to re-open (which would require submission of evidence not previously submitted that may affect the outcome) , or a motion to re-consider (which must be based in incorrect application of law or policy - no RFE response was received, so a denial notice is the correct course of action).

 

Mandamus is also not applicable to this for various reasons. 

 

 

The way to get this sorted is as above: ask USCIS to correct with a Service Motion - make an infopass appointment or send a letter (both would be better) to request it is re-opened, due to non-receipt of an RFE, which is expressly permitted .

USCIS may at any time reopen a proceeding or reconsider a decision on its own motion 8 C.F.R. 103.5(a)(5)

 

The alternative, rather than dealing with a faceless bureaucratic organization with no simple point of contact and little accountability,  is to simply to file a fresh I-751.

 

My suggestion - as a non lawyer but someone who has past and current experience of ALL of those options listed above, is to try the first option, exhaust that - and I see no reason it won't be re-opened IF you can get the right person to address it - and if no joy, then do the second. 

 

 

If it ultimately went to an NTA and then court, a judge would order it re-opened based on no RFE received, but depends whether you want to wait that long and have the expense & hassle when there are other options available. 

 

Edited April 13, 2021 by mindthegap
Long month - typo

[mindthegap 2,590]

55 minutes ago, willnmahi said:

Someone mentioned that she doesn't have to leave the country yet but our letter says that she needs to leave immediately and mail in her card. Should I just ignore that for now?

Yes.

The letter is scary, but ultimately the status as a permanent resident remains until a final order of removal by an immigration judge. This has been proven time and time again in case law. 

[igoyougoduke 1,656]

3 minutes ago, mindthegap said:

This is not correct.

An I-290B is not applicable for this, for either a motion to re-open (which would require submission of evidence not previously submitted that may affect the outcome) , or a motion to re-consider (which must be based in incorrect application of law or policy - no RFE response was received, so a denial notice is the correct course of action).

 

 

The way to get this sorted is as above: using a Service Motion - make an infopass appointment or send a letter (both would be better) to get it re-opened, which is expressly permitted . USCIS may at any time reopen a proceeding or reconsider a decision on its own motion (8 C.F.R. § 103.5(a)(5) (2008)).

 

The alternative, rather than dealing with a faceless bureaucratic organization with no simple point of contact and little accountability,  is to simply to file a fresh I-751.

 

My suggestion - as a non lawyer but someone who has past and current experience of ALL of those options listed above, is to try the first option, exhaust that - and I no reason it won't be re-opene IF you can get the right person to address it - and if no joy, then do the second. 

 

 

If it ultimately went to and NTA and then court, a judge would order it re-opened based on no RFE received, but depends whether you want to wait that long and have the expense & hassle when there are other options available. 

 

you can file an MTR to reopen the denial. USCIS needs to show proof that they sent RFE as the online status does not reflect RFE and the applicant is saying that RFE is not received. 

[mindthegap 2,590]

4 minutes ago, igoyougoduke said:

you can file an MTR to reopen the denial. USCIS needs to show proof that they sent RFE as the online status does not reflect RFE and the applicant is saying that RFE is not received. 

No, not applicable in this case - the criteria for an  I-290B motion to re-open or re-consider are extremely (deliberately) narrow and obstructive.

I could post the exact wording as to why but I simply can't be a***d as I've been neck deep in USCIS paperwork for the past five weeks and I am sick of it.

It can - and should - be done without an I-290B, by an informal request for a service motion to request their error. 

 

There is also the fact that an I-290B costs a whopping $5 less than simply filing a new I-751, and you would be better off doing that anyway, unless you like wasting money. 

 

 

Edited April 13, 2021 by mindthegap