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

[Crazy Cat 41,886]

1 hour ago, Mike E said:

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.  

For what purpose would the OP file another I-751?  I don't see the real benefit at this point.

(You know I hate the I-751)

Edited August 30, 2022 by Crazy Cat

[Mike E 11,739]

7 minutes ago, Crazy Cat said:

For what purpose would the OP file another I-751?

I previously offered two options for entering the USA. Boarding foil or enter via Canada / Mexico. 
 

My belief (based on reading about other cases) that is that   a pending I-751 will be a prerequisite for a

 

* consulate to issue a boarding foil.  

* CBPO to waive I-193 and its fee at a port of entry.  Better to spend money  on I-751 than I-193.  

Edited August 30, 2022 by Mike E

[Adilioz 2]

@mindthegap

Thanks for the tips. checked status via link. 'no case found for this A-number. Our daughter was born in the US, she is 8.5 years now. the denial letter clearly stated that there was no record of that my wife appeared at teh SC as scheduled. Also, mentions that PRS is terminated as of the date of the letter. not sure a judgment for removal was ever considered because we never received a NTA. We did however mail the 2GC back in the mail years ago.

The letter said that they attempted to notify us of the new biometric appointment and the notice was returned undeliverable. 

 

Thanks All.

 

 

[Crazy Cat 41,886]

4 minutes ago, Adilioz said:

We did however mail the 2GC back in the mail years ago.

That puts a whole new light on the subject. 

Edited August 30, 2022 by Crazy Cat

[mindthegap 2,590]

1 hour ago, Adilioz said:

@mindthegap

Thanks for the tips. checked status via link. 'no case found for this A-number. Our daughter was born in the US, she is 8.5 years now. the denial letter clearly stated that there was no record of that my wife appeared at teh SC as scheduled. Also, mentions that PRS is terminated as of the date of the letter. not sure a judgment for removal was ever considered because we never received a NTA. We did however mail the 2GC back in the mail years ago.

The letter said that they attempted to notify us of the new biometric appointment and the notice was returned undeliverable. 

 

Thanks All.

 

 

Thanks.

’no case found’ means that no NTA was issued, and no hearing and final order of removal occurred in abstentia. If that had happened it would show up there.
In other words, your wife is still - legally - a permanent resident. 
 

That you mailed the physical card back by itself isn’t an issue as such unless you sent it with an I-407. The physical card is proof of someone’s status and not the status itself - remember that. 


The denial letters contain lots of garbage with no legal basis for the bs they contain (and I’ve received two of them so can state that with some confidence).
The PR status is absolutely not terminated as of the denial letter date, you have absolute rights in law, as clarified in genco opinion 96-12 and various other caselaw, and can continue to live, work, travel and all the other associated rights afforded to all permanent residents. Unless done voluntarily (like with an I-407) the only way of losing permanent resident status is by an immigration judge and a final order of removal. This is legal fact. 
A presumed abandonment from excessive time out of the country will still give you the right to have a hearing with an immigration judge (as enshrined in law) and you would still be admitted to the country accordingly. 
 

The problem is you don’t have the documents to board a flight to the US in order to enter. You can’t file an I-90, you can’t obtain an i-551stamp from outside the US, and the extension letter is useless without an expired card or a long expired card.  

So, in your circumstances you could still file a new I-751 ( you would need a US address for this, even if it’s just to have forwarded on to you), and you would have to put in a letter detailing some reason(s) for late filing (prior denial - which as it happens actually works in your favour as you filed on time previously so it shows intent to comply , panic, health issues, depression, and don’t forget covid has taken up almost half of the six years so there’s your excuse for being out for that chunk). No letter = no accepted late filing. 
Once it’s accepted and you have the receipt letter in hand either a) get to an embassy and get a boarding foil allowing boarding back to the US (because the letter by itself won’t allow it) or b) get to Canada or Mexico and enter at a land border. There will be some major grumbling and moaning doing this, but once they have run your a# viewed your extension letter and details you should eventually be allowed in in some form - again, someone presenting at a POE as a permanent resident has the right to a hearing with an immigration judge. 
Once in the US, get to USCIS for an I-551 stamp and then you can leave and re-enter with no issue. 
Even if the I-751 is subsequently denied again, you could then do an i-130 from within the US instead of outside it. It gives you more options.  
 

 

Or, file the I-407, a new I-130, and an IR-1 and wait….years. Because that’s what it will take, even if it goes smoothly. 
In that time your wife will be unable to enter the US at all. 

 

Either way is a fair amount of hassle and possible risk, but I know which I’d choose in these circumstances. 

Edited August 30, 2022 by mindthegap

[Redro 4,611]

5 hours 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

Which country would your wife interview at? 

You could always try for a B1/B2 but some consulates have 300+ day waiting time for appointments. 

[Adilioz 2]

3 hours ago, mindthegap said:

Thanks.

’no case found’ means that no NTA was issued, and no hearing and final order of removal occurred in abstentia. If that had happened it would show up there.
In other words, your wife is still - legally - a permanent resident. 
 

That you mailed the physical card back by itself isn’t an issue as such unless you sent it with an I-407. The physical card is proof of someone’s status and not the status itself - remember that. 


The denial letters contain lots of garbage with no legal basis for the bs they contain (and I’ve received two of them so can state that with some confidence).
The PR status is absolutely not terminated as of the denial letter date, you have absolute rights in law, as clarified in genco opinion 96-12 and various other caselaw, and can continue to live, work, travel and all the other associated rights afforded to all permanent residents. Unless done voluntarily (like with an I-407) the only way of losing permanent resident status is by an immigration judge and a final order of removal. This is legal fact. 
A presumed abandonment from excessive time out of the country will still give you the right to have a hearing with an immigration judge (as enshrined in law) and you would still be admitted to the country accordingly. 
 

The problem is you don’t have the documents to board a flight to the US in order to enter. You can’t file an I-90, you can’t obtain an i-551stamp from outside the US, and the extension letter is useless without an expired card or a long expired card.  

So, in your circumstances you could still file a new I-751 ( you would need a US address for this, even if it’s just to have forwarded on to you), and you would have to put in a letter detailing some reason(s) for late filing (prior denial - which as it happens actually works in your favour as you filed on time previously so it shows intent to comply , panic, health issues, depression, and don’t forget covid has taken up almost half of the six years so there’s your excuse for being out for that chunk). No letter = no accepted late filing. 
Once it’s accepted and you have the receipt letter in hand either a) get to an embassy and get a boarding foil allowing boarding back to the US (because the letter by itself won’t allow it) or b) get to Canada or Mexico and enter at a land border. There will be some major grumbling and moaning doing this, but once they have run your a# viewed your extension letter and details you should eventually be allowed in in some form - again, someone presenting at a POE as a permanent resident has the right to a hearing with an immigration judge. 
Once in the US, get to USCIS for an I-551 stamp and then you can leave and re-enter with no issue. 
Even if the I-751 is subsequently denied again, you could then do an i-130 from within the US instead of outside it. It gives you more options.  
 

 

Or, file the I-407, a new I-130, and an IR-1 and wait….years. Because that’s what it will take, even if it goes smoothly. 
In that time your wife will be unable to enter the US at all. 

 

Either way is a fair amount of hassle and possible risk, but I know which I’d choose in these circumstances. 

thanks again, @mindthegap  she has an appointment to apply for B1/B2 visa to accompany me and my daughter during an upcoming trip. we will see what happens from then on.

[Dashinka 24,512]

3 minutes ago, Adilioz said:

thanks again, @mindthegap  she has an appointment to apply for B1/B2 visa to accompany me and my daughter during an upcoming trip. we will see what happens from then on.

You need to clarify, when she sent back the CGC, did she also sign an I407 relinquishing her LPR status?  If not, it appears she is still an LPR, so a B2 is not the correct route and should be denied (consulates do not issue B2's to US permanent residents).

[Adilioz 2]

3 minutes ago, Dashinka said:

You need to clarify, when she sent back the CGC, did she also sign an I407 relinquishing her LPR status?  If not, it appears she is still an LPR, so a B2 is not the correct route and should be denied (consulates do not issue B2's to US permanent residents).

@Dashinka Great point. No, she never filled out and signed an I407. figured the consular officer would refuse her a B1. So it seems we are back to the refiling I-751 again with a long brief, but then if I-751 gets approved, any idea what happens next.

 

Thanks.

[mindthegap 2,590]

15 minutes ago, Adilioz said:

thanks again, @mindthegap  she has an appointment to apply for B1/B2 visa to accompany me and my daughter during an upcoming trip. we will see what happens from then on.

Not applicable as she is still legally a LPR - read my post again carefully. 

[Adilioz 2]

3 hours ago, mindthegap said:

Thanks.

’no case found’ means that no NTA was issued, and no hearing and final order of removal occurred in abstentia. If that had happened it would show up there.
In other words, your wife is still - legally - a permanent resident. 
 

That you mailed the physical card back by itself isn’t an issue as such unless you sent it with an I-407. The physical card is proof of someone’s status and not the status itself - remember that. 


The denial letters contain lots of garbage with no legal basis for the bs they contain (and I’ve received two of them so can state that with some confidence).
The PR status is absolutely not terminated as of the denial letter date, you have absolute rights in law, as clarified in genco opinion 96-12 and various other caselaw, and can continue to live, work, travel and all the other associated rights afforded to all permanent residents. Unless done voluntarily (like with an I-407) the only way of losing permanent resident status is by an immigration judge and a final order of removal. This is legal fact. 
A presumed abandonment from excessive time out of the country will still give you the right to have a hearing with an immigration judge (as enshrined in law) and you would still be admitted to the country accordingly. 
 

The problem is you don’t have the documents to board a flight to the US in order to enter. You can’t file an I-90, you can’t obtain an i-551stamp from outside the US, and the extension letter is useless without an expired card or a long expired card.  

So, in your circumstances you could still file a new I-751 ( you would need a US address for this, even if it’s just to have forwarded on to you), and you would have to put in a letter detailing some reason(s) for late filing (prior denial - which as it happens actually works in your favour as you filed on time previously so it shows intent to comply , panic, health issues, depression, and don’t forget covid has taken up almost half of the six years so there’s your excuse for being out for that chunk). No letter = no accepted late filing. 
Once it’s accepted and you have the receipt letter in hand either a) get to an embassy and get a boarding foil allowing boarding back to the US (because the letter by itself won’t allow it) or b) get to Canada or Mexico and enter at a land border. There will be some major grumbling and moaning doing this, but once they have run your a# viewed your extension letter and details you should eventually be allowed in in some form - again, someone presenting at a POE as a permanent resident has the right to a hearing with an immigration judge. 
Once in the US, get to USCIS for an I-551 stamp and then you can leave and re-enter with no issue. 
Even if the I-751 is subsequently denied again, you could then do an i-130 from within the US instead of outside it. It gives you more options.  
 

 

Or, file the I-407, a new I-130, and an IR-1 and wait….years. Because that’s what it will take, even if it goes smoothly. 
In that time your wife will be unable to enter the US at all. 

 

Either way is a fair amount of hassle and possible risk, but I know which I’d choose in these circumstances. 

@mindthegap GOTTYA. Just read your thread, thoroughly. will take into consideration. many thanks.

[Dashinka 24,512]

13 minutes ago, Adilioz said:

@Dashinka Great point. No, she never filled out and signed an I407. figured the consular officer would refuse her a B1. So it seems we are back to the refiling I-751 again with a long brief, but then if I-751 gets approved, any idea what happens next.

 

Thanks.

After getting a new extension letter, then she will need to apply for a boarding foil at the consulate as @mindthegap mentioned.  You will also have to have access to mail and be able to travel back for new biometrics, and possibly (most likely) an interview.

 

Good Luck!

[Adilioz 2]

1 minute ago, Dashinka said:

After getting a new extension letter, then she will need to apply for a boarding foil at the consulate as @mindthegap mentioned.  You will also have to have access to mail and be able to travel back for new biometrics, and possibly (most likely) an interview.

 

Good Luck!

thanks, @Dashinka wonder what the processing times for I-751s are. heard it's quite lengthy.

[Dashinka 24,512]

1 minute ago, Adilioz said:

thanks, @Dashinka wonder what the processing times for I-751s are. heard it's quite lengthy.

It is quite long.  The I751 is not a big priority for USCIS, so expect 18-24 months or longer.  If memory serves, once the new I751 is filed, the extension letter received, and boarding foil obtained, when she is next in the US, she will need to get a new I551 stamp since she does not have a physical expired GC.  I may be wrong on that one, but I believe that would be the best option to obtain proof of LPR status.

[Redro 4,611]

@Adilioz do you mind if I ask your future plans?

Do you just want to go to the US this year for a vacation or are you planning to move there permanently?