What if i-751 is denied...?

[bbueno 2]

 

So, I dont want to be negative or anything, but Ive been waiting for 2 years for my ROC waiver to be approved ( potomac ).

and nothing yet...

 

I know few cases of i-751 are denied but can you guys tell me more about the process?

The reason is because I cant be stuck in the United States for long periods due to health problems in my family, so I mostly likely have to travel overseas 2-3 times a year

 

So if my case gets denied for any reason....what happens?? Im not able to leave the country and come back?

 

 

 

 

 

 

 

 

 

[BananaShoes 31]

If your case gets denied, you do not lose your status until an immigration judge rules or you voluntary surrender your residency by filing Form I-407.

 

Make sure you have status documents so you can fly back in i.e. Expired GC + Valid Extension Letter or Passport with Valid Temporary I-551 Stamp.

 

There is a small change that CBP officers might take you for extra questioning, or might even try to make you sign a Form I-407. Obviously you won't sign anything and can practice your right to remain silent, or not. Once you establish your US residency, the immigration inspection is immediately over, and can only keep you for customs related things.

 

Afterwards, you will look into why your I-751 was denied, and you might want to talk with your lawyer about filing another I-751, or just file it yourself, it depends on your situation.

[bbueno 2]

26 minutes ago, BananaShoes said:

If your case gets denied, you do not lose your status until an immigration judge rules or you voluntary surrender your residency by filing Form I-407.

 

Make sure you have status documents so you can fly back in i.e. Expired GC + Valid Extension Letter or Passport with Valid Temporary I-551 Stamp.

 

There is a small change that CBP officers might take you for extra questioning, or might even try to make you sign a Form I-407. Obviously you won't sign anything and can practice your right to remain silent, or not. Once you establish your US residency, the immigration inspection is immediately over, and can only keep you for customs related things.

 

Afterwards, you will look into why your I-751 was denied, and you might want to talk with your lawyer about filing another I-751, or just file it yourself, it depends on your situation.

i thought whenever it gets denied I would have a deportation order something like that?

[mindthegap 2,590]

1 hour ago, bbueno said:

i thought whenever it gets denied I would have a deportation order something like that?

No.

For that to happen, an NTA would have to be (eventually - it can take years) issued, and an immigration court hearing held, in which an immigration judge could issue a final order of removal, at which point you would no longer be a permanent resident.

 
Prior to that final order, you remain a permanent resident, and are entitled to proof of that status in the form of an i-551 stamp for purposes of work, travel and other benefits and rights afforded to any permanent resident. Besides yourself filing an I-407, an immigration judge is the ONLY person who can terminate your status. USCIS cannot (despite the wording of denial letters to the contrary) no matter much they like to think they can. 
 

Also, prior to that final order of removal you can file a new (or multiple) I-751s, all of which must be adjudicated before any hearing or final order of removal can be made. There is a very narrow scope for certain other petitions, such as an I-290B if  you felt that was applicable, and  
there are also other more complex avenues available such as a new i-130 if remarried for example. 

The above is not speculation, and has been tested and confirmed in case law and clarified in genco opinion 96-12. It is legal fact (as I personally can attest to, being in this exact situation). 

 

Don’t worry too much. And deal with what happens, if and when it happens. 

[bbueno 2]

15 minutes ago, mindthegap said:

No.

For that to happen, an NTA would have to be (eventually - it can take years) issued, and an immigration court hearing held, in which an immigration judge could issue a final order of removal, at which point you would no longer be a permanent resident.

 
Prior to that final order, you remain a permanent resident, and are entitled to proof of that status in the form of an i-551 stamp for purposes of work, travel and other benefits and rights afforded to any permanent resident. Besides yourself filing an I-407, an immigration judge is the ONLY person who can terminate your status. USCIS cannot (despite the wording of denial letters to the contrary) no matter much they like to think they can. 
 

Also, prior to that final order of removal you can file a new (or multiple) I-751s, all of which must be adjudicated before any hearing or final order of removal can be made. There is a very narrow scope for certain other petitions, such as an I-290B if  you felt that was applicable, and  
there are also other more complex avenues available such as a new i-130 if remarried for example. 

The above is not speculation, and has been tested and confirmed in case law and clarified in genco opinion 96-12. It is legal fact (as I personally can attest to, being in this exact situation). 

 

Don’t worry too much. And deal with what happens, if and when it happens. 

 THANK YOU!!! and omg im sorry you had to deal with that.

 

when you say a NTA  would have to be issued does  that means I would have to go to - court - so the judge can decide if im gonna be deported or not? and before that, nothing happens to me? ICE, USCIS?

 

what really scares me the most is that I dont wanna be stuck in the US coz I have old parents overseas, so I really need to LEAVE and COME BACK, so based on what u saying I would be able to do that right??

 

 

 

 

 

 

 

 

 

[mindthegap 2,590]

6 minutes ago, bbueno said:

what really scares me the most is that I dont wanna be stuck in the US coz I have old parents overseas, so I really need to LEAVE and COME BACK, so based on what u saying I would be able to do that right??

 

IF you were to receive a denial, you could immediately file a new I-751, wait for the extension/receipt letter (with a new receipt number), immediately make an appointment for an infopass for a stamp, and be able to leave and remove/enter the country, with a short visit to secondary every time you return simply to verify your status, before you are stamped in as normal (ARC/LPR) as a permanent resident. 
Stamps are valid for a year and renewable, and issued up to, and during any immigration court hearings. Once a final order of removal is made at any such hearing you are no longer a permanent resident. 

 

Edited October 7, 2022 by mindthegap

[bbueno 2]

1 hour ago, mindthegap said:

IF you were to receive a denial, you could immediately file a new I-751, wait for the extension/receipt letter (with a new receipt number), immediately make an appointment for an infopass for a stamp, and be able to leave and remove/enter the country, with a short visit to secondary every time you return simply to verify your status, before you are stamped in as normal (ARC/LPR) as a permanent resident. 
Stamps are valid for a year and renewable, and issued up to, and during any immigration court hearings. Once a final order of removal is made at any such hearing you are no longer a permanent resident. 

 

thank you very much

im just thinking about the worst case scenarius...but i think my case is very unlikely to be denied coz i have a lot of proof of bonafide marriage...but USCIS u never now...ive reading a lot of Uscis horror stories lately lol

[Rocio0010 5,579]

I know you said your case is delayed, but so is everyone else's. What makes you think of a denial? Any red flags?

[Mobius1 175]

11 hours ago, bbueno said:

thank you very much

im just thinking about the worst case scenarius...but i think my case is very unlikely to be denied coz i have a lot of proof of bonafide marriage...but USCIS u never now...ive reading a lot of Uscis horror stories lately lol

 

This is just my opinion but its rare to see an i751 getting denied these days. Especially, if filed with a lawyer, there is a high chance of getting it approved without an interview. While divorce or WAVA waivers do invite extra scrutiny, still I have heard some of them being approved without interview.

 

In the end it comes down to your proof, which you mention you have a lot. I wouldn't worry about it. But if you really want to make sure nothing goes off during your travels, request a FOIA to see what most branches of the govt have on you and see if you can find anything concerning. Takes about 2-3 months, can be done online without a lawyer, and is free.

[Timona 4,207]

You have an extension letter. Use it to freely move in and out of the country. Nobody is stopping you. You don't have to put your life on hold.

[bbueno 2]

13 hours ago, Rocio0010 said:

I know you said your case is delayed, but so is everyone else's. What makes you think of a denial? Any red flags?

I ve been reading a few of stories about denials, sometimes even USCIS mistake when they say the person did not answer the RFE, etc

 

I have a lot of proof that my marriage was real... I believe my red flag would be my personal statement x letter from my friends...I did suffer a lot of emotional/ financial abuse and he did destroyed some of my property ...and I wrote it all on my statement....however I was in a hurry to send the I-751 and I did not pay a lot of attention of the letters my friends wrote...and I noticed a few months ago that my friend wrote that I suffered  "physical violence" what in my opinion did not happen, but another person could have a different interpretation.....I believe that could be the only red flag in my case.

 

physical violence or not, my friends called the police when he had an angry attack and destroyed everything in our apartment.

Few months later I filed a report at the Police for Domestic Violence,

I received a letter from State Attorney but I did not answer it

 

my waiver was a Divoce, not abuse tho

 

 

 

 

 

Edited October 8, 2022 by bbueno

[OldUser 6,708]

@bbueno that's another story. Yeah, by the looks of it you may have difficulty removing conditions merely because there's multiple things going in your case which can confuse the IO reviewing it.

[bbueno 2]

23 hours ago, OldUser said:

@bbueno that's another story. Yeah, by the looks of it you may have difficulty removing conditions merely because there's multiple things going in your case which can confuse the IO reviewing it.

do u think I can be denied for that?

[Mobius1 175]

4 hours ago, bbueno said:

do u think I can be denied for that?

 

In the end, the IO will care only about the fact if your marriage was real. This question of violence may come up, however, still salvageable.

 

Collect a lot of evidence, I see an interview in your future. Infact, one lawyer in his shows said report of DVs is a piece of evidence of a real marriage.  

 

Its rare to see i751s denied. But if they do, you can get another shot of re-filing another i751 if done soon minus letter of NTA. But even if you get an NTA, you can present your case Infront of a judge. I would suggest hiring a lawyer for your future filings so you dont make a mistake.

[Jhonny 472]

On 10/6/2022 at 9:42 PM, mindthegap said:

IF you were to receive a denial, you could immediately file a new I-751, wait for the extension/receipt letter (with a new receipt number), immediately make an appointment for an infopass for a stamp, and be able to leave and remove/enter the country, with a short visit to secondary every time you return simply to verify your status, before you are stamped in as normal (ARC/LPR) as a permanent resident. 
Stamps are valid for a year and renewable, and issued up to, and during any immigration court hearings. Once a final order of removal is made at any such hearing you are no longer a permanent resident. 

 

My I-751 was denied and I received a deportation letter and an order to go to an interview with an immigration judge, the trial case number is not being recognized by the system, and there are some mistakes in the deportation letter, you mentioned infopass, I´m flight attendant and I´m not able to travel because my extension is already expired, what´s the infopass thing, how can I get it, I nedd to see my parent´s I haven´t seen them since 2019, and m whole process is going to be long as the new I751 was filed this year on February, 

 

 

Thank you in advance for our help