Please Advise

[HARSA 6]

Hi All.

let me tell the background 

arrived on k1 in 2014.married May 2016.

Got my conditional card Apr 2016.

applied for ROC with divorce waiver in Jan 2018.had an attorney.

Got RFE Feb 2019.Reply in time.

changed state and did aAR11 .

Case got denied in July 2019.

Reason:USCIS said they sent me letter for biometric which neither me ,nor my brother (he was the owner of previous address) nor my attorney got any notice.

as per attorney advice filed a motion to reopen and submitted a new i751 as well.

motion got approval in Oct 2019.

did Biometrics in Nov 2019.

had an interview in Sep 2020 ,Got approved after one week and got my 10 year card.

lawyer did not withdraw the second petition.Applied for N 400 under five year rule in May 2021.

Dec 2021 the second I 751 status changed to interview scheduled 

after three days it changed to interview canceled 

Feb 2022 changed again interview scheduled and got letter for interview 

my questions are as follows

Shall  I attended the interview?.

I have my ten year card already 

I live in California but interview is scheduled in Kansas Missouri 

what shall I do.

attorney says I don’t have to do anything as this petition will die automatically.

secondly will it have any effect on my pending N 400.

your reply and feedback will be much appreciated.

best Regards 

stay safe

 

 

[HARSA 6]

I’m sorry married May 2014,made a mistake in the first post.

[Rocio0010 5,599]

I would attend that interview. Most likely it was scheduled by mistake… but for peace of mind I would attend 

[Dashinka 24,707]

I would be contacting USCIS and trying to get in touch with a tier 2 officer to try and get that I751 canceled.  If the interview was local, I would attend that, but considering you would need to travel to Missouri from California, it seems incredibly inconvenient to attend just to clear up a petition that should have already been closed out.  If you cannot get anywhere with a USCIS contact, you might try the USCIS ombudsman.

 

Good Luck!

[HARSA 6]

Thanks for the reply,truly if it was my field office I would have walked in,can I bug you guys for one last thing,the USCIS number when I call computer kicks me out.

anyone can you please help me and let me know how to get to a human or tier 2 officer.or USCIS ombudsman.thanks

[HARSA 6]

Sometimes I wonder how can they even schedule my interview in Missouri while they sent me letter on my address in California,are not they supposed to conduct interview in local field office,

lastly in you guys opinion will it have any effect on my n400????

[HARSA 6]

And finally if I don’t attend can my green card be canceled???which I got through my first petition or does it effect the status of my green card?…

[milimelo 4,538]

Get in touch with the local office that scheduled your interview- go through your congressman/senator’s immigration aide for help with this. 

[Dashinka 24,707]

1 hour ago, HARSA said:

Thanks for the reply,truly if it was my field office I would have walked in,can I bug you guys for one last thing,the USCIS number when I call computer kicks me out.

anyone can you please help me and let me know how to get to a human or tier 2 officer.or USCIS ombudsman.thanks

At each prompt, request "technical support".

 

 

1 hour ago, HARSA said:

Sometimes I wonder how can they even schedule my interview in Missouri while they sent me letter on my address in California,are not they supposed to conduct interview in local field office,

lastly in you guys opinion will it have any effect on my n400????

I don't think it could have any impact ultimately on your N400, but it could delay a decision if it is still open at the time.  Have they scheduled an N400 interview yet for you?

[HARSA 6]

No,they have not.our office is back logged so I’m expecting in next 4-6 months

[HARSA 6]

Thanks @Crazy Cat

will do so

Thanks @ALL

you guys have been a great help

[HARSA 6]

And if I miss this interview and it gets declined my green card will be still valid?..

it’s not gonna be effected or canceled?…

[Rocio0010 5,599]

54 minutes ago, HARSA said:

And if I miss this interview and it gets declined my green card will be still valid?..

it’s not gonna be effected or canceled?…

Nobody can tell you that, mainly because USCIS is highly unpredictable. I would try every Avenue to make sure that the second interview gets cancelled and to get a letter that states so. If you don’t get that, I would still go to the interview. I know it’s a hassle, but I’d much rather deal with that hassle than having issues with my green card. My two cents

[Mike E 11,742]

18 hours ago, HARSA said:

And finally if I don’t attend can my green card be canceled???which I got through my first petition or does it effect the status of my green card?…

If it were me here is what I would  be thinking.
 

If I don’t attend the interview I might eventually be put into removal proceedings. I consider that probable.  

 

 If I don’t attended my removal trial, I lose.  When ICE eventually  tracks me down, I get to experience being arrested in front of co workers, friends, or family.
 

 I get to hire a lawyer for a minimum of $10,000 to sort this out.  

 

Maybe if I show ICE my 10 year green card, they leave me be.  Or maybe they say: “well you should have attended your interview or your trial”.

 

Maybe they let me keep possession of my ten year green card and when they deport me, I get on the next plane back to the USA and enter successfully with my 10 year green card. I think that is 50/50.  
 

As a citizen I apologize for this clear incompetence on the part of my government. And I think you should attend the interview.

[Dashinka 24,707]

I agree with @Mike E and their worst case scenario, if you cannot clear this up prior to the interview, you need to attend the interview.

 

Good Luck