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

[Dashinka 24,709]

3 minutes ago, Rocio0010 said:

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.

How will they get a boarding pass with no valid proof of LPR status?

[mindthegap 2,599]

Missing some crucial information on your timeline of events....please post in full so we can assist further and accurately.

 

In the meantime, put in your wifes A# into HERE and post what it says. It will dictate the possible courses of action from then onwards. Without that, we can't help. 

Edited August 30, 2022 by mindthegap
sPeELLiNg

[Rocio0010 5,599]

40 minutes ago, Dashinka said:

How will they get a boarding pass with no valid proof of LPR status?

That's actually a good point. I wonder if a boarding foil would work?

[Cathi 5,782]

3 hours ago, Rocio0010 said:

 Best bet would be to get on a plane and see if she’s even let in.

This is not a good idea, especially with a 6 year old child in tow. The i751 was denied AND she has been out of the country for 6 years. They are not going to let her back in.

OP I agree with others who say start over with an i130. The good thing is that you have been married for more than 2 years so she will receive a 10 year green card you won't need to go through the hassle of removing conditions. Best of luck!

Edited August 30, 2022 by Cathi

[Rocio0010 5,599]

4 minutes ago, Cathi said:

especially with a 6 year old child in tow

Agree, but 

 

4 minutes ago, Cathi said:

she has been out of the country for 6 years. They are not going to let her back in.

We've seen a case here of a person out of the country for 9 years and they were let in. I can't find it now, I think @Mike E might know about this case.

 

 

I found this thread for an SB-1 

 

[Mike E 11,742]

1 minute ago, Rocio0010 said:

Agree, but 

 

We've seen a case here of a person out of the country for 9 years and they were let in. I can't find it now, I think @Mike E might know about this case.

 

 

[SalishSea 18,067]

11 minutes ago, Rocio0010 said:

That's actually a good point. I wonder if a boarding foil would work?

Can’t see how OP would even get a boarding foil.

[SalishSea 18,067]

2 minutes ago, Mike E said:

 

 

Not really comparable, since OP has an expired conditional GC, and the I-751 was denied.   The issue isn’t just the long absence from the US, but that the GC was in fact abandoned.

[Mike E 11,742]

3 hours ago, milimelo said:

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

Isn’t it the case that @mindthegap has filed multiple I-751s?

 

On the assumptions that

 

1. another I-751 can and will be be filed and 

 

2. the green card has not been revoked (because OP failed to attend the removal hearing, if there was one). See the link mindthegap provided,

 

then it seems to me I-751 can be filed and an extension letter obtained. But the extension letter will already be expired as others have noted.  
 

So with a new extension letter, the challenges are:

 

1. Boarding the flight, and

 

2. bringing the baby home. 
 

To board the flight, a conditional LPR needs an acceptable I-551 or another boarding document. An expired I-551 and expired extension letter (even if the issue date is August 2022) is not acceptable.  One might be able coax the airline to board the conditional LPR.  
 

In lieu of an acceptable I-551 there are two other options before filing a new I-130 / I-130A

 

* fly to Canada / Mexico and enter by land.  
 

* File I-131a with USCIS and then follow up with the consulate to get a boarding foil.  I’ve my doubts the consulate will issue one but that might be only option to travel.  

 

Nominally the third option is get an SB-1 visa. There is zero chance, in my opinion, that the consulate  will issue it.  
 

Regarding the baby, hopefully the co-petitioner of I-751 was a U.S. Citizen prior to  the child’s birth and the co-petitioner had the required physical presence to get the baby a CRBA and U.S. passport. If not, hopefully the baby was born less than 2 years ago (if so, the baby is permitted to be boarded without a visa).  If the co-petitioner has a 10 year green card, then the co-petitioner should bring the any back to the USA now before the 2 years are up.  If not then file I-130 for the baby. 

Edited August 30, 2022 by Mike E

[Adilioz 2]

Appreciate the tremendous pouring of insight and thoughts. having consolidated all your feedback, it seems the consensus(unscientific) is to go ahead and file an I-130 form.  We contemplated a B1/B2 visa for her when we plan to visit Florida this year, but not sure what the outcome would be at the US Consulate's visa officer's hands. 

 

Many thanks, 

AM

[A110 96]

This kind of denial makes me think the REAL denials (Where uscis thinks there are frauds involved) are actually not that high. People seem to get denied more for errors on their form, failing to produce a divorce decree all the time. The total denials are around 5 percent and frauds would be a smaller subset of that.  If this is the case I wonder why I751 takes soooooo long.

[Crazy Cat 42,033]

15 minutes ago, Dude41 said:

This kind of denial makes me think the REAL denials (Where uscis thinks there are frauds involved) are actually not that high. People seem to get denied more for errors on their form, failing to produce a divorce decree all the time. The total denials are around 5 percent and frauds would be a smaller subset of that.  If this is the case I wonder why I751 takes soooooo long.

My research concludes only about 1% of I-751s are actually denied in the end.  I contend that I-751s should be eliminated totally. 

[mindthegap 2,599]

53 minutes ago, Adilioz said:

Appreciate the tremendous pouring of insight and thoughts. having consolidated all your feedback, it seems the consensus(unscientific) is to go ahead and file an I-130 form.  We contemplated a B1/B2 visa for her when we plan to visit Florida this year, but not sure what the outcome would be at the US Consulate's visa officer's hands. 

 

Many thanks, 

AM

Dude, did you read my post above?

Check the status FIRST using the link HERE.

You may have had an NTA and final order of removal in abstentia. You may not. But without checking that first, you can't do much, as that determines whether she is still (legally) a permanent resident or not. 

 

If no NTA and subsequent final order of removal has been made, you have far more options available to you, as you are still - legally - a permanent resident. Albeit one with a presumed abandonment, but that is for the immigration court to decide, and you are entitled to due process by law. 

These options would include filing another I-751, then a boarding foil or a land border entry....along with other possible courses of action such as perhaps an SB-1 if it came to it (although that particular option would be a stretch).

Regardless, all of these options would more than likely be quicker and cheaper than a fresh I-130 and should be evaluated and examined before taking that drastic step of an i-130, so get that current court case status checked now, which you would have to do anyway before you could even file an i-130.

All this stuff isn't even exploring the status of the child - are they a US citizen already? 

 

A B1/B2 would not be applicable in any way, nor would the VWP using an ESTA.

 

 

1 hour ago, Mike E said:

Isn’t it the case that @mindthegap has filed multiple I-751s?

Yes. Three.

 

There is no limit to the amount of I-751s that can be filed by anybody. Strange but true. 

 

If the OP remains - legally - a permanent resident - that option is indeed open to them. 

Edited August 30, 2022 by mindthegap
sPeELLiNg

[Mike E 11,742]

54 minutes ago, Adilioz said:

Appreciate the tremendous pouring of insight and thoughts. having consolidated all your feedback, it seems the consensus(unscientific) is to go ahead and file an I-130 form

I don’t think that is the consensus at all, especially if you eliminate the erroneous assertions that you can’t file I-751 again.  

[Mike E 11,742]

40 minutes ago, Dude41 said:

This kind of denial makes me think the REAL denials (Where uscis thinks there are frauds involved) are actually not that high. People seem to get denied more for errors on their form, failing to produce a divorce decree all the time. The total denials are around 5 percent and frauds would be a smaller subset of that.  If this is the case I wonder why I751 takes soooooo long.

It takes so long because I-751 has been deprioritized. This is published policy.