Removing condition GC got denied

[Mike E 11,745]

  On 11/29/2021 at 9:54 PM, 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.

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I think the lawyer thought “ka ching”

 

Right after multiplying the number of billable  hours needed to fix this by the hourly rate. 

[Kai G. Llewellyn 840]

Okay, no, some iffy advice being thrown out here. OP's friend is not out of status, they remain a LPR up and only until if they receives a final order of removal signed by the immigration judge

 

OP's friend needs to file for divorce, refile I-751 with the divorce wavier and advise USCIS that the divorce is pending. Provide final divorce degree when it's available.

 

Failure to refile I-751 will eventually result in a NTA which kicks off deportation proceedings which can lead up to eventual revocation of LPR status and removal from the US.

 

Despite USCIS's letter, OP's friend still has the right to live and work in the US and is still entitled to an I-551 ADIT stamp for travel purposes. OP's friend should refile I-751 with a divorce waiver without delay.

 

OP friend should not pack their bags and depart the US if they want to remain here.

 

It'll be up to USCIS to decide whether the possible misrep is a problem, it might be.

Edited November 29, 2021 by Kai G. Llewellyn

[igoyougoduke 1,679]

  On 11/29/2021 at 11:12 PM, Kai G. Llewellyn said:

Okay, no, some iffy advice being thrown out here. OP's friend is not out of status, they remain a LPR up and only until if they receives a final order of removal signed by the immigration judge - 

 

OP's friend needs to file for divorce, refile I-751 with the divorce wavier and advise USCIS that the divorce is pending. Provide final divorce degree when it's available.

 

Failure to refile I-751 will eventually result in a NTA which kicks off deportation proceedings which can lead up to eventual revocation of LPR status and removal from the US.

 

Despite USCIS's letter, OP's friend still has the right to live and work in the US and is still entitled to an I-551 ADIT stamp for travel purposes. OP's friend should refile I-751 with a divorce waiver without delay.

 

OP friend should not pack their bags and depart the US if they want to remain here.

 

It'll be up to USCIS to decide whether the possible misrep is a problem, it might be.

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As of now OP has no status. He aint a LPR due to failure to file i751. his late filing is acceptable if he provides a valid reason and if USCIS accepts it. 

OP has conditional green card not permanent green card 

[Mike E 11,745]

  On 11/30/2021 at 12:02 AM, igoyougoduke said:

As of now OP has no status. He aint a LPR due to failure to file i751. his late filing is acceptable if he provides a valid reason and if USCIS accepts it. 

OP has conditional green card not permanent green card 

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He has a valid reason. His spouse filed a joint petition and at the interview, withdrew, causing USCIS to deny.  

[Rocio0010 5,703]

  On 11/30/2021 at 12:02 AM, igoyougoduke said:

As of now OP has no status. He aint a LPR due to failure to file i751

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Not accurate. USCIS cannot take away someone’s status. Only an IJ can remove your status. 
However, the issue is still serious because they signed the petition together when they were separated. That might be construed as misrepresentation.

[mindthegap 2,611]

  On 11/29/2021 at 9:32 PM, Jorgedig said:

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.

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Correct - you cannot 'appeal' it except on two very specific grounds, which do not apply here at this moment in time. 

 

Your second statement is rubbish

 

 

  On 11/29/2021 at 9:34 PM, aaron2020 said:

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.

 

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The denial letters usually answer jack all. They are appalling.

 

- Correct - you cannot 'appeal' it except on two very specific grounds using an i-290B, which do not apply here at the present time. 

 

- His right to live & work in the US has NOT been terminated. That is complete BS. Yes I know what the letter says as I have had two of them, but it is NOT legally accurate. He can live, work, and travel (with a stamp) and remains a LPR until a final order of removal by an immigration judge. 

 

 

 

  On 11/29/2021 at 9:37 PM, Jorgedig said:

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

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Absolute, total rubbish. This is scaremongering and not true in ANY capacity. 

 

 

  On 11/29/2021 at 9:46 PM, arken said:

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.

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Anyone can file as many I-751s as they want. He is perfectly eligible to file a new one and remains free to do so up to the point if and when a final order of removal by an immigration judge, at which point he is no longer a LPR.

You can file a waiver even if not fully divorced - it just can't be approved without a final divorce decree. 

 

 

 

  On 11/29/2021 at 11:12 PM, Kai G. Llewellyn said:

Okay, no, some iffy advice being thrown out here. OP's friend is not out of status, they remain a LPR up and only until if they receives a final order of removal signed by the immigration judge

 

OP's friend needs to file for divorce, refile I-751 with the divorce wavier and advise USCIS that the divorce is pending. Provide final divorce degree when it's available.

 

Failure to refile I-751 will eventually result in a NTA which kicks off deportation proceedings which can lead up to eventual revocation of LPR status and removal from the US.

 

Despite USCIS's letter, OP's friend still has the right to live and work in the US and is still entitled to an I-551 ADIT stamp for travel purposes. OP's friend should refile I-751 with a divorce waiver without delay.

 

OP friend should not pack their bags and depart the US if they want to remain here.

 

It'll be up to USCIS to decide whether the possible misrep is a problem, it might be.

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Correct on all counts. Thank you for beating me to positing some accurate information. 

 

 

  On 11/30/2021 at 12:02 AM, igoyougoduke said:

As of now OP has no status. He aint a LPR due to failure to file i751. his late filing is acceptable if he provides a valid reason and if USCIS accepts it. 

OP has conditional green card not permanent green card 

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Nope.

No 'valid reason' or excuse is required for a waiver filing outside of the 90 day period. It can be filed at ANY time between gaining permanent residence and a final order of removal, without penalty. 

He remains a LPR. 

 

  On 11/30/2021 at 12:23 AM, ra0010 said:

Not accurate. USCIS cannot take away someone’s status. Only an IJ can remove your status. 
However, the issue is still serious because they signed the petition together when they were separated. That might be construed as misrepresentation.

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Correct on all counts. 

 

  On 11/29/2021 at 9:46 PM, Mike E said:

“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.  

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Probably for the same reason mine did something sort of similar and just as evil - because some people just want to watch people burn.

 

 

 

 

I can't read the OPs attached letters for some reason but I get the gist of it and I can also unfortunately recall from memory large chunks of what the denial latter said, so I may be guessing in parts as I can't read it, but the OPs friend was sort of in a tricky situation.

In the eyes of USCIS, legally, you are married or divorced. He couldn't file as a divorce waiver because they were still married. He technically could still have filed as joint as they did - even if not living together - with a co-operative spouse, which they appeared to do but this was then nuked by the spouse at interview.

He should have immediately requested a switch to a divorce waiver at the interview and then hope it comes through quickly - this would have been one legal option.

If it was to arrive quickly then potentially an i-290B could be filed on the basis of new previously unsubmitted documents (in the form of a divorce decree), but using the i-290B to overcome a denial is in my opinion a hiding to nothing with an unknown timeline, and costs almost the same as a fresh filing anyway. 

Caught between a a rock and a hard place. I have some sympathy. There is some documentation I can dig out from my extensive files on this stuff, but I'm still largely on hiatus from here thanks to some over-zealous people who won't answer questions or take constructive crticism, so I may get round to it eventually. 

 

 

He needs to prepare a divorce waiver filing to resubmit as soon as possible, including resubmission of ALL the evidence, even if previously submitted as they won't take into account the evidence contained within the denied filing. This needs to be accompanied by the final divorce decree, if in hand, or sent in soon after. 

 

 

 

Edited November 30, 2021 by mindthegap

[SalishSea 18,384]

  On 11/30/2021 at 1:25 AM, mindthegap said:

Correct - you cannot 'appeal' it except on two very specific grounds, which do not apply here at this moment in time. 

 

Your second statement is rubbish

 

 

The denial letters usually answer jack all. They are appalling.

 

- Correct - you cannot 'appeal' it except on two very specific grounds using an i-290B, which do not apply here at the present time. 

 

- His right to live & work in the US has NOT been terminated. That is complete BS. Yes I know what the letter says as I have had two of them, but it is NOT legally accurate. He can live, work, and travel (with a stamp) and remains a LPR until a final order of removal by an immigration judge. 

 

 

 

Absolute, total rubbish. This is scaremongering and not true in ANY capacity. 

 

 

 

Anyone can file as many I-751s as they want. He is perfectly eligible to file a new one and remains free to do so up to the point if and when a final order of removal by an immigration judge, at which point he is no longer a LPR.

You can file a waiver even if not fully divorced - it just can't be approved without a final divorce decree. 

 

 

 

Correct on all counts. Thank you for beating me to positing some accurate information. 

 

 

Nope.

No 'valid reason' or excuse is required for a waiver filing outside of the 90 day period. It can be filed at ANY time between gaining permanent residence and a final order of removal, without penalty. 

He remains a LPR. 

 

Correct on all counts. 

 

 

Probably for the same reason mine did something sort of similar and just as evil - because some people just want to watch people burn.

 

 

 

 

I can't read the OPs attached letters for some reason but I get the gist of it and I can also unfortunately recall from memory large chunks of what the denial latter would say.

I may be guessing in parts as I can't read it, but the OPs friend was sort of in a tricky situation.

In the eyes of USCIS, legally, you are married or divorced. He couldn't file as a divorce waiver because they were still married. He technically could still have filed as joint as they did - even if not living together -  with a co-operative spouse, but this was then nuked by the spouse at interview.

He should have immediately requested a switch to a divorce waiver at the interview and then hope it comes through quickly - this would have been one option.

If it was to arrive quickly then potentially an i-290B could be filed on the basis of new previously unsubmitted documents (in the form of a divorce decree), but using the i-290B to overcome a denial is in my opinion a hiding to nothing with an unknown timeline, and costs almost the same as a fresh filing anyway. 

Caught between a a rock and a hard place. I have some sympathy.

 

 

He needs to prepare a divorce waiver filing to resubmit as soon as possible, including resubmission of ALL the evidence, even if previously submitted as they won't take into account the evidence contained within the denied filing. This needs to be accompanied by the final divorce decree, if in hand, or sent in soon after. 

 

 

 

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So it's fine to omit the bit of info that joint ROC filers have not been living in a marital relationship for a lengthy period of time?  LOL, okay 😉

 

Hopefully OP will let us know how this pans out.....

[mindthegap 2,611]

  On 11/30/2021 at 1:27 AM, Jorgedig said:

So it's fine to omit the bit of info that joint ROC filers have not been living in a marital relationship for a lengthy period of time?  LOL, okay 😉

 

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Legally, yes. 

In the eyes of USCIS you are divorced or married, and it is entirely legally possible and permitted to file & have approved a joint petition when not living together. However the omission of this pertinent fact was not so smart, and therein lies the rub. 

Edited November 30, 2021 by mindthegap

[SalishSea 18,384]

  On 11/29/2021 at 9:46 PM, Mike E said:

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.  

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Divorces in some jurisdictions can take 6-12 months to be finalized.  Maybe RFE responses for such a document are given much more time to respond than those for other types of RFEs?

[Rocio0010 5,703]

  On 11/30/2021 at 1:25 AM, mindthegap said:

Correct - you cannot 'appeal' it except on two very specific grounds, which do not apply here at this moment in time. 

 

Your second statement is rubbish

 

 

The denial letters usually answer jack all. They are appalling.

 

- Correct - you cannot 'appeal' it except on two very specific grounds using an i-290B, which do not apply here at the present time. 

 

- His right to live & work in the US has NOT been terminated. That is complete BS. Yes I know what the letter says as I have had two of them, but it is NOT legally accurate. He can live, work, and travel (with a stamp) and remains a LPR until a final order of removal by an immigration judge. 

 

 

 

Absolute, total rubbish. This is scaremongering and not true in ANY capacity. 

 

 

 

Anyone can file as many I-751s as they want. He is perfectly eligible to file a new one and remains free to do so up to the point if and when a final order of removal by an immigration judge, at which point he is no longer a LPR.

You can file a waiver even if not fully divorced - it just can't be approved without a final divorce decree. 

 

 

 

Correct on all counts. Thank you for beating me to positing some accurate information. 

 

 

Nope.

No 'valid reason' or excuse is required for a waiver filing outside of the 90 day period. It can be filed at ANY time between gaining permanent residence and a final order of removal, without penalty. 

He remains a LPR. 

 

Correct on all counts. 

 

 

Probably for the same reason mine did something sort of similar and just as evil - because some people just want to watch people burn.

 

 

 

 

I can't read the OPs attached letters for some reason but I get the gist of it and I can also unfortunately recall from memory large chunks of what the denial latter said, so I may be guessing in parts as I can't read it, but the OPs friend was sort of in a tricky situation.

In the eyes of USCIS, legally, you are married or divorced. He couldn't file as a divorce waiver because they were still married. He technically could still have filed as joint as they did - even if not living together - with a co-operative spouse, which they appeared to do but this was then nuked by the spouse at interview.

He should have immediately requested a switch to a divorce waiver at the interview and then hope it comes through quickly - this would have been one legal option.

If it was to arrive quickly then potentially an i-290B could be filed on the basis of new previously unsubmitted documents (in the form of a divorce decree), but using the i-290B to overcome a denial is in my opinion a hiding to nothing with an unknown timeline, and costs almost the same as a fresh filing anyway. 

Caught between a a rock and a hard place. I have some sympathy. There is some documentation I can dig out from my extensive files on this stuff, but I'm still largely on hiatus from here thanks to some over-zealous people who won't answer questions or take constructive crticism, so I may get round to it eventually. 

 

 

He needs to prepare a divorce waiver filing to resubmit as soon as possible, including resubmission of ALL the evidence, even if previously submitted as they won't take into account the evidence contained within the denied filing. This needs to be accompanied by the final divorce decree, if in hand, or sent in soon after. 

 

 

 

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Yay!!! You’re back!!!

[SalishSea 18,384]

  On 11/30/2021 at 1:30 AM, mindthegap said:

In the eyes of USCIS you are divorced or married, and it is entirely legally possible and permitted to file & have approved a joint petition when not living together. However the omission of this pertinent fact was not so smart, and therein lies the rub. 

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Well, yeah.  But this is not a normal divorce waiver situation.  This could be construed as a misrepresentation to receive an immigration benefit.

 

But, if as you say, the OP has really nothing to worry about, hopefully this will be a unique first here on VJ.

[SalishSea 18,384]

  On 11/29/2021 at 9:59 PM, arken said:

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

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Doomed and long, drawn out immigration cases are preferred by lawyers..... 😉 $$$

[Okboy 43]

  On 11/29/2021 at 8:41 PM, Meawmeowmeoe said:

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 

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He’s in serious trouble and need not just any lawyer but a good lawyer. Omg!!!

[Rocio0010 5,703]

  On 11/30/2021 at 1:33 AM, Jorgedig said:

This could be construed as a misrepresentation to receive an immigration benefit.

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This is exactly my fear. 
While he still has a conditional resident status, failing to disclose separation at the interview might be construed as material misrepresentation. In addition, aren’t you under oath when you interview at USCIS? (I’ve never had an interview yet, so I genuinely don’t know). 
 

[mindthegap 2,611]

  On 11/30/2021 at 1:37 AM, ra0010 said:

In addition, aren’t you under oath when you interview at USCIS? (I’ve never had an interview yet, so I genuinely don’t know). 
 

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Yes.