Removing condition GC got denied

[Meawmeowmeoe 1]

Hello,

 

Posting for a friend

 

my friend got denied for his removing condition on his GC due to the fact that he didn’t file for divorce or separation when him and his spouse were no longer living together or together since Dec 2019 and when they went to the interview last month, it was denied at the spot. He didn’t realized that he would need to file for divorce or separation during the process of his removing condition.

 

what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??

 

i don’t know much about removing condition to give him any guidance. 
 

p.s. he didn’t mention to his lawyer that him and his spouse were no longer together until right before the interview. I have attached the pictures of his denial letter 

[Dashinka 24,526]

Is your friend and their spouse divorcing or have they divorced?

[Crazy Cat 41,919]

42 minutes ago, Meawmeowmeoe said:

p.s. he didn’t mention to his lawyer that him and his spouse were no longer together until right before the interview.

Are you kidding?   He is in serious trouble.  He WILL be placed in removal proceeding.  He MUST file another I-751 IMMEDIATELY.....and he might still be deported.  I would make sure I had a GOOD attorney.  He had BETTER be honest with his attorney.

Edited November 29, 2021 by Crazy Cat

[aaron2020 11,651]

Wow.  He has a lawyer and didn't bother to mention that he wasn't living with her until right before the interview?  Wow.

He should be talking to his lawyer about what to do next.  

Edited November 29, 2021 by aaron2020

[Crazy Cat 41,919]

Just now, aaron2020 said:

Wow.  He has a lawyer and didn't bother to mention that he wasn't living with her until right before the interview?  Wow.

He should be talking to his lawyer about what to do next.  

This is one of the most jaw dropping admissions I have seen here in the past 6 years.  

[SalishSea 17,854]

Sounds like this could be a material misrepresentation deal, not just an "omission" which could be solved by refiling.

 

OP, he isn't eligible to appeal this decision, as the USCIS did not err in their decision:  in other words, he was rightly denied because he is no longer eligible for that benefit.

 

Very likely he will be deported because he failed to do his due diligence and file properly with a divorce waiver.

[aaron2020 11,651]

The denial letter answers all of your questions.

 

There is no appeal.  (Last paragraph.)

 

His right to live and work in the US has been terminated.

His wife voluntarily withdrew the I-751.

This is BEYOND DIY.  He has a lawyer.  It would be wise of him to actually keep his lawyer up to date on his situation.  

[SalishSea 17,854]

55 minutes ago, Meawmeowmeoe said:

what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??

Next step:  packing his bags.  I don't see a way out of this.  He is out of status and needs to leave asap.

[Meawmeowmeoe 1]

37 minutes ago, Dashinka said:

Is your friend and their spouse divorcing or have they divorced?

They are filing now for the divorce, they went for the interview last month 

[mushroomspore 3,044]

1 minute ago, Meawmeowmeoe said:

They are filing now for the divorce, they went for the interview last month 

Well, too little too late in terms of USCIS and his green card. He and his soon-to-be-ex separating isn't really the issue. It's the fact that they were separated but he filed the I-751 jointly, indicating that they were still married and still residing together. That was essentially a lie, which USCIS doesn't take lightly, as you know. Also, it's astounding that he did not tell his own lawyer about his marital situation. Lawyers can't help their clients unless the client is 100% honest. 

 

23 minutes ago, Crazy Cat said:

This is one of the most jaw dropping admissions I have seen here in the past 6 years.  

Same here. But question: if a couple is going through a trial separation during RoC, how would they navigate that with USCIS? On one hand, I can see why OP's friend may not have realized he had to file for divorce. BUT - and this is the huge BUT - he still should have been honest about them being separated and filing jointly when they were separated was the lie. Legally speaking, they kinda had no choice but to divorce. But if a couple is just going through a trial separation, it seems like they either have to reconcile or just file for divorce to take care of the immigration stuff.

[arken 4,197]

2 minutes ago, Meawmeowmeoe said:

They are filing now for the divorce, they went for the interview last month 

At this time there is no basis to appeal or even to file a new i751. His wife withdrew i751 during the interview. So his conditional residency is terminated. He is not yet divorced to even file as a divorce waiver.

 

 

[Mike E 11,739]

“During your interview, your spouse voluntarily withdrew the I-751 petition in the form of
because you and your spouse has not been residing together since December 2019 due to
and wish to have a chance to reassess your marital relationship.”

 

Why did the spouse do that? Totally unnecessary.  

 

Next steps are to 1.  file for divorce, and then 2. file I-751 as an individual with the divorce waiver with the divorce filing paper work.  This new filing will produce an RFE for the divorce decree.  Hopefully he can get a get a divorce decree before due date on the RFE.  I believe due to Covid, RFEs get an automatic 60 day extension.  
 

I think  that this ends up in front of an immigration judge.  Hopefully your friend is more forthcoming with his next immigration lawyer. 

[Crazy Cat 41,919]

6 minutes ago, Mike E said:

I think  that this ends up in front of an immigration judge.

Yep.  My thoughts as well.

Edited November 29, 2021 by Crazy Cat

[Adventine 3,196]

 I can't help but wonder what the lawyer thought of this client who didn't disclose such a thing until right before the interview.

[arken 4,197]

3 minutes ago, Adventine said:

 I can't help but wonder what the lawyer thought of this client who didn't disclose such a thing until right before the interview.

His mind in the same place as the prosecutor's on Rittenhouse's trial ,"oh #######, we are doomed".