Denied - URGENT

[magda2023 3]

I really need some help right now as the craziest thing happened to me.

1 year ago I filed I-751 with divorce waiver  however my divorced wasn't finalized when I sent the paperwork

In October they sent me a RFE asking me for the divorce paperwork. I sent the divorce decree that same week

I did not receive any notification however USPS tracking was showing that my RFE package was delivered.

 

I did not receive any notification at all however yesterday I checked my emails and I saw that I received a letter from USCIS yesterday.

I asked my boyfriend to open the letter today and send me a picture.

 

They denied my case saying that I did not answer the RFE( what I did )

 

I live in New Jersey, however I work for Mercedes-Benz and right now Im overseas doing a mandatory training, Im supposed to go back to America in 5 days

 

Right now Im freaking now and I don't know what to do. Can I go back to the states? the letter said that my LPR status has been terminated.

 

Im freaking out, and it is Sunday I don't even know a lawyer that I can call. I had a panic attack this morning when I found out the news and my boss took me to the emergency care they gave me medication. Im back at my hotel right now trying to figure out what can I do. I don't even know if Im gonna be allowed back in the US or what can I do. 

 

My car is waiting for me at the Newark airport

 

 

 

 

 

 

Edited February 13, 2022 by magda2023

[mushroomspore 3,044]

53 minutes ago, magda2023 said:

I really need some help right now as the craziest thing happened to me.

1 year ago I filed I-751 with divorce waiver  however my divorced wasn't finalized when I sent the paperwork

In October they sent me a RFE asking me for the divorce paperwork. I sent the divorce decree that same week

I did not receive any notification however USPS tracking was showing that my RFE package was delivered.

 

I did not receive any notification at all however yesterday I checked my emails and I saw that I received a letter from USCIS yesterday.

I asked my boyfriend to open the letter today and send me a picture.

 

They denied my case saying that I did not answer the RFE( what I did )

 

I live in New Jersey, however I work for Mercedes-Benz and right now Im overseas doing a mandatory training, Im supposed to go back to America in 5 days

 

Right now Im freaking now and I don't know what to do. Can I go back to the states? the letter said that my LPR status has been terminated.

 

Im freaking out, and it is Sunday I don't even know a lawyer that I can call. I had a panic attack this morning when I found out the news and my boss took me to the emergency care they gave me medication. Im back at my hotel right now trying to figure out what can I do. I don't even know if Im gonna be allowed back in the US or what can I do. 

 

My car is waiting for me at the Newark airport

 

 

 

 

 

 

Oh jeez so sorry this happened. It sounds like USPS lost your RFE reply with the divorce decree. USCIS would have updated online to say "RFE response received." But what's done is done. Your LPR status is not terminated until an immigration judge says so. You can still return to the US with your I-751 extension letter and GC (even if it is now expired). As for the I-751, I believe you can refile with the divorce waiver and a letter of explanation but I'm paging experts @pushbrk & @Crazy Cat for their wisdom...

Edited February 13, 2022 by mushroomspore

[Letspaintcookies 2,310]

I'm sorry you have to go through this. The letter sounds horrible but it's not all things lost. You can still come back and you can refile. 

[milimelo 4,508]

Calm down. When are you getting back to the US? Is your letter extending your GC still valid? 

Get in touch with your congressperson/senator immigration aide with all the details (including receipt of RFE delivery to USCIS) - sign the release of information form so they can get in touch with USCIS on your behalf - they have direct line of communication with USCIS and will get an answer fast. 

[Lil bear 4,256]

Im sure this was a really nasty shock .. im glad you took care of yourself .. as bad as it feels right now, you are going to be ok and this is not difficult to address   Enter back into the US using your GC(expired is OK) and your extension letter. Take a deep breath and file your RoC again using all your required documentation. You have it all now so there should be no RFE.. unfortunately you will have to pay the fee again 🥺.  All will be well even though your head and heart are still in turmoil right now. 

Edited February 13, 2022 by Lil bear

[magda2023 3]

thank you very much

my flight is on Friday but due to this thing happening I can't stay here until Friday. I just purchased a flight for tomorrow. Border Control gonna know I was denied? are they gonna give me a hard time? what are my rights ? Im reading that they can take away my green card

[Rocio0010 5,580]

11 minutes ago, magda2023 said:

Im reading that they can take away my green card

No, they can’t. And if by any chance they ask you to sign an I-407 (I don’t think they will), simply refuse to do so. Only an immigration judge can strip you away of your status. As long as your extension letter is still valid, and you have your expired gc, you’ll be able to come back in. Once you do that, refile your i751 with your divorce decree. Calm down. Breathe. Take care of yourself. You’ll be alright.

[Letspaintcookies 2,310]

They shouldn't give you a hard time but just in case: don't sign anything, don't surrender your greencard. They have no right to make you do any of it.

I'm glad your employer is working with you here and let you go home earlier. Save travels and let us know how it went. I think we're all rooting here for you 🤗

[pushbrk 12,994]

You have some other good answers but you should know that you filed the I-751 too early.  It would probably have been denied anyway.  You can't use a divorce waiver until your divorce is final.  If you get in, refile.

[milimelo 4,508]

7 minutes ago, pushbrk said:

You have some other good answers but you should know that you filed the I-751 too early.  It would probably have been denied anyway.  You can't use a divorce waiver until your divorce is final.  If you get in, refile.

If she was within 90 days of GC expiration yes, she was correct in filing under divorce. 

[Mike E 11,741]

@mindthegap

 

 

OP. It’s gonna be ok. 

Edited February 14, 2022 by Mike E

[Calicolom 266]

7 hours ago, milimelo said:

If she was within 90 days of GC expiration yes, she was correct in filing under divorce. 

Divorce was NOT final.

[milimelo 4,508]

1 hour ago, Calicolom said:

Divorce was NOT final.

Didn’t have to be. That’s what the RFE is for. You don’t wait past your 2-yr gc expiry date to file for ROC. You file when it’s time and provide evidence divorce was filed for (alongside other evidence). When you get RFE you either have divorce decree or provide more evidence it’s still pending. If referred to IJ and you get your divorce decree by then they sort it out at the hearing. 
 

https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf

Edited February 14, 2022 by milimelo
Added USCIS memo.

[African Zealot 1,455]

Bad timing however ultimately it doesn’t change anything. Follow the advice given.

[Crazy Cat 41,982]

17 hours ago, magda2023 said:

thank you very much

my flight is on Friday but due to this thing happening I can't stay here until Friday. I just purchased a flight for tomorrow. Border Control gonna know I was denied? are they gonna give me a hard time? what are my rights ? Im reading that they can take away my green card

Are you reading the answers?  Yes, you can return. You have status until an immigration judge terminates your LPR status......  CBP cannot take your green card unless you sign an I-407......which you should not do.