Denied I-751 for failure to appear for Biometrics. Abandonned process. wants to restart the I-751 process

[Adilioz 2]

Hi friends,

Looking for some insight, advice on how to proceed. Here is the debacle....

• at around the time my wife's appointment for biometrics was confirmed, we moved overseas
• wife had health issues and couldn't make it to the US with a newborn baby. we wrote them asking for a postponement, we didn't hear back from
• fast-forwad to today, my wife and I wrote to the USCIS and requested our I-751 file back, which we found out that the motif of denial was no show for biometrics
• We-still married- and contemplating a move back to the US, want to restart the process, but we are not sure where to start. we were told to consider refiling I-751 but other advised to to file a I-290B
• We are confused and we believe it's got to be a way to file a motion and explain our hiatus for 6 years.

Thanks All for your anticipated insights.

AM

 

[Rocio0010 5,579]

How do you know she’s still a resident? After six years of living abroad, she may not even be a resident. Best bet would be to get on a plane and see if she’s even let in. Someone here was let in after almost 9 years, so it seems like a possibility. Do not sign I-407. They might let her in but she might have to appear in front of an immigration judge… and go from there. 
Have you consulted an attorney?

[Dashinka 24,494]

Best course IMO is to re-file the I751.  I am curious, you say a hiatus of 6 years, so you and presumably your wife, have been outside the US for 6 years?

 

Good Luck!

[milimelo 4,477]

File a new I-130. I-751 is not something you can resurrect. 

[Redro 4,611]

41 minutes ago, Adilioz said:

Hi friends,

Looking for some insight, advice on how to proceed. Here is the debacle....

• at around the time my wife's appointment for biometrics was confirmed, we moved overseas
• wife had health issues and couldn't make it to the US with a newborn baby. we wrote them asking for a postponement, we didn't hear back from
• fast-forwad to today, my wife and I wrote to the USCIS and requested our I-751 file back, which we found out that the motif of denial was no show for biometrics
• We-still married- and contemplating a move back to the US, want to restart the process, but we are not sure where to start. we were told to consider refiling I-751 but other advised to to file a I-290B
• We are confused and we believe it's got to be a way to file a motion and explain our hiatus for 6 years.

Thanks All for your anticipated insights.

AM

 

So, the baby is 6 years old now or am I mistaken?

You were unable to travel back for the entire 6 years... 

[Crazy Cat 41,850]

1 hour ago, Adilioz said:

Hi friends,

Looking for some insight, advice on how to proceed. Here is the debacle....

• at around the time my wife's appointment for biometrics was confirmed, we moved overseas
• wife had health issues and couldn't make it to the US with a newborn baby. we wrote them asking for a postponement, we didn't hear back from
• fast-forwad to today, my wife and I wrote to the USCIS and requested our I-751 file back, which we found out that the motif of denial was no show for biometrics
• We-still married- and contemplating a move back to the US, want to restart the process, but we are not sure where to start. we were told to consider refiling I-751 but other advised to to file a I-290B
• We are confused and we believe it's got to be a way to file a motion and explain our hiatus for 6 years.

Thanks All for your anticipated insights.

AM

 

Even if you re-filed a new I-751, the new extension letter would not be valid since it would extend the expiration date 2 years from the date printed on the Green Card.   I think you have no choice, but to start from scratch.  That 2 year Green Card was abandoned.  

Edited August 30, 2022 by Crazy Cat

[powerpuff 6,697]

 

Edited August 30, 2022 by powerpuff

[Unlockable 7,314]

*** Topic moved to the "Removing Conditions on Residency General Discussion" section of the forum

 

VJ Moderation
 

[Dashinka 24,494]

Re-reading this, and taking into account the long period outside the US and essentially abandoning the ROC process, I tend to agree, probably best to sign an I407 (not really sure this is necessary with a 2 yr GC long expired), and start over with the I130.  The jump on a flight or head to a pre-clearance site option will most likely not work as the immigrant no longer has any valid proof of LPR status (2 yr GC and extension letter(s) long since expired).

[powerpuff 6,697]

26 minutes ago, Crazy Cat said:

Even if you re-filed a new I-751, the new extension letter would not be valid since it would extend the expiration date 2 years from the date printed on the Green Card.   I think you have no choice, but to start from scratch.  That 2 year Green Card was abandoned.  

Also, when you file a joint petition late, don’t you have to provide an explanation of why you’re filing late? And the USCIS can accept or reject your reasons? I highly doubt they will be understanding of a 6 year absence form the US. 

Edited August 30, 2022 by powerpuff

[Crazy Cat 41,850]

Just now, powerpuff said:

Also, when you file a joint petition late, don’t you have to provide an explanation of why you’re filing late? And the USCIS can accept or reject your reasons? I highly doubt they will be a understanding of a 6 year absence form the US. 

Agree.  

[arken 4,197]

Note that it's not just about the late filing. The i751 was filed on time and it got denied so very likely an NTA has already been issued 6 years ago. With no follow up on the NTA, it may very well have been established in the immigration court that the applicant abandoned the permanent residency.

 

One could go with i751 and risk the denial again or just go with i130-consular process and get the new 10 year GC upon entering the US. I say the i130 process is faster and the safest choice.

Edited August 30, 2022 by arken

[Rocio0010 5,579]

42 minutes ago, Dashinka said:

Re-reading this, and taking into account the long period outside the US and essentially abandoning the ROC process, I tend to agree, probably best to sign an I407 (not really sure this is necessary with a 2 yr GC long expired), and start over with the I130.  The jump on a flight or head to a pre-clearance site option will most likely not work as the immigrant no longer has any valid proof of LPR status (2 yr GC and extension letter(s) long since expired).

I don't think signing i-407 would be the best choice here...

[Rocio0010 5,579]

2 hours ago, Adilioz said:

o to file a I-290B

An I-290B is a motion to either reopen or reconsider. To reopen the case and have a favorable decision, you would have to present new facts, which presumably you don't have after such a long absence. To reconsider the case, there needs to be an incorrect application of the law, which in this case there was not. I-290B is a waste of money, time, and energy in your case. 

Imho, your best bet is to fly to the US, see if they let her in, and do not sign I-407. If they do let her in, my understanding is that she'll have to go to an IJ and take it from there. If they don't let her in, then your only chance is to relinquish the initial green card and start fresh with an I-130. But I will let others more knowledgeable to correct me.

[Dashinka 24,494]

2 minutes ago, Rocio0010 said:

I don't think signing i-407 would be the best choice here...

Not really sure that is really needed since this was a 2 yr GC long expired and any extension letter is also expired, my point is if pursing a new IR1 with a new I130, it might make sense to clean up the initial CGC from a documentation standpoint.  This is also why I think they would never even be able to get a boarding pass to the US with no proof of LPR status, so trying their luck with CBP does not appear to be an option either.  They could try the SB-1 route, but I understand the bar is fairly high in proving the failure to maintain US residency was beyond their control.  That being said, we do not know the entire story of the OP, so the SB-1 might be an option.