I-751 Denied. Can we apply for IR-1?

[OldUser 7,010]

1 minute ago, goobies said:

Ah, ok. That is very helpful information. So we must wait for that document before we apply again.

 

Do you know the chances of success for IR1 if this situation we are in has happened?

I don't think you're going to receive anything any time soon. I'm not 100% sure, but I think he needs to do something on his end to get his status revoked. Maybe somebody with experience can suggest. 

[goobies 79]

5 minutes ago, OldUser said:

Yeah, I-751 case is probably "dead" now. I don't think conditions can be removed with him being out of the US for 3 years and being separated from wife for 3 years.

Yes, they are our children. I was pregnant with our youngest when this all happened. We lived together in UG for 3yrs, then in US for 1.5 yrs. Never intended for this separation to happen.

 

We planned to do the SB1 Visa, but I've been on a waitlist for legal aid for a while, poor judgment on my part, so haven't submitted the paperwork yet.

 

But in some ways, I'm glad to get this, because it answers the question I've been waiting to ask, which is if the SB1 would even be approved. Now I know, it would have been a waste of resources. I think the time has been too long for them to have considered it.

[goobies 79]

6 minutes ago, OldUser said:

I don't think you're going to receive anything any time soon. I'm not 100% sure, but I think he needs to do something on his end to get his status revoked. Maybe somebody with experience can suggest. 

Oh dear, wait. So then does this mean he IS still and LPR and we could try for the SB1, DS117?

 

I just am at the point that I want to submit whatever needs to be submitted, to get whatever process needs to happen going. 

[OldUser 7,010]

8 minutes ago, goobies said:

Oh dear, wait. So then does this mean he IS still and LPR

Yes, he is still technically an LPR. The case is not straightforward, requires wisdom of somebody who witnessed this situation before or been in one personally. It's also best to have a good immigration lawyer doing the next steps to get him back to the US, unless you have an extensive knowledge in this area.

[Chancy 6,243]

40 minutes ago, Mobius1 said:

These kids, are they from this marriage? If so I would be surprised why would they deny your i751....

 

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --

 

 

[goobies 79]

2 minutes ago, Chancy said:

 

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --

 

 

Correct, he did not attend the biometrics. Several (probably 6) appointments were rescheduled.

[Mobius1 175]

6 minutes ago, Chancy said:

 

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --

 

 

Yeah....people gotta follow requests from the agency, no room for complaints if not.

[OldUser 7,010]

Thank you @Chancy

 

Why did you open a new thread @goobies? Good answers were already provided in the other thread by knowledgeable members on the forum. Your husband needs to take an action such as crossing by land instead of you going in circles asking the same question. In that thread @Mike E already said your husband was still LPR, why was it a surprise when I said the same earlier in this thread?

Just read the answers in the old thread, they're still relevant.

Edited December 15, 2022 by OldUser

[Mobius1 175]

5 minutes ago, goobies said:

Correct, he did not attend the biometrics. Several (probably 6) appointments were rescheduled.

So as far as I see, his main issue is the abandonment of GC. If somehow he is able to get around it, the i751 re-application should not be an issue considering 3 kids.

[goobies 79]

2 minutes ago, OldUser said:

Thank you @Chancy

 

Why did you open a new thread @goobies? Good answers were already provided in the other thread by knowledgeable members on the forum. Your husband needs to take an action such as crossing by land instead of you going in circles asking the same question. In that thread @Mike E already said your husband was still LPR, why was it a surprise when I said the same earlier in this thread?

Just read the answers in the old thread, they're still relevant.

Because a new event....denial of I175, has happened.

 

And because he was already barred entry at the Entebbe airport in Uganda due to expired green card, so coming by land seems out of the question. 

 

My reasonable options seem to be redo the entire process or apply for SB1/DS117. I'm unsure if SB1 is applicable if we got denial for i175. Trying to get the clear way forward.

[mindthegap 2,590]

For clarification, until an immigration judge issues an order of removal following a denial which formally terminates the status, he remains a LPR.

Put his A# into this link HERE and see what comes back. 

If there is a termination notice on file, then an IR-1 is the way to go. 

If nothing found, then the denial was issued but they remain a LPR as no following action of NTA, court case and ruling in abstentia has occurred.  However, unfortunately, despite remaining a LPR in this situation, airlines do not allow people to board with an expired 2 year card and an invalid extension letter. And you can't obtain an i-551 stamp outside of the US either, even though he is entitled to one. So, you find yourself in limbo and a catch 22. 

 

So either 

1) try a land border - canada or mexico - with the expired card and prior receipt - will be a fair bit of hassle, but should eventually be let - possibly paroled - in once they run the A# and see a denial with no refile and pending case, as all LPRs are entitled to a hearing with an immigration judge and due process. 

or

2) File and pay for a fresh I-751 from within the US with a US mailing address. Get receipt and extension letter. Send that to him. As the letter is useless with a card that expired three years ago he then needs to go to the embassy for a I-131A boarding foil ($575) and go through that process to get a document to permit boarding a flight back into the US. Covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted

or

3) an SB-1 if applicable. Again, covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted, but there are limits to how far you can push this reason. 

or

4) file an IR-1 and start from scratch.  Following a recent clarification and some case law - see HERE - you can adjust status now after a denial but without having to wait for an immigration judges ruling and formal termination of status, so it follows that that should also mean it should be applicable to an IR-1 instead of an i-130 & i-485 adjustment in country, but it will require a fairly competent lawyer to do so.

I am not your lawyer so please seek your own qualified legal opinion as to whether this is applicable in your circumstances before taking any action.

 

Broadly, those are your options. 

 

 

Edited December 15, 2022 by mindthegap

[Dashinka 24,654]

1 hour ago, mindthegap said:

 

 

So either 

1) try a land border - canada or mexico - with the expired card and prior receipt - will be a fair bit of hassle, but should eventually be let - possibly paroled - in once they run the A# and see a denial with no refile and pending case, as all LPRs are entitled to a hearing with an immigration judge and due process. 

 

 

 

Just curious, would it be possible to get through CBP at a pre-clearance airport such as Abu Dhabi?  I know CBP is after check-in, but it might be possible.

[OldUser 7,010]

6 minutes ago, Dashinka said:

Just curious, would it be possible to get through CBP at a pre-clearance airport such as Abu Dhabi?  I know CBP is after check-in, but it might be possible.

My gut feeling is and @mindthegap can correct me... The CBP at pre-clearance have more discretion. They can deny boarding much more easily than CBP who let people in on US soil. They're pretty much deployed to other countries to deter some travelers from entering the US, "shielding" the States from the distance.

 

Disclamer: This is my opinion only.

Edited December 15, 2022 by OldUser

[goobies 79]

2 hours ago, mindthegap said:

For clarification, until an immigration judge issues an order of removal following a denial which formally terminates the status, he remains a LPR.

Put his A# into this link HERE and see what comes back. 

If there is a termination notice on file, then an IR-1 is the way to go. 

If nothing found, then the denial was issued but they remain a LPR as no following action of NTA, court case and ruling in abstentia has occurred.  However, unfortunately, despite remaining a LPR in this situation, airlines do not allow people to board with an expired 2 year card and an invalid extension letter. And you can't obtain an i-551 stamp outside of the US either, even though he is entitled to one. So, you find yourself in limbo and a catch 22. 

 

So either 

1) try a land border - canada or mexico - with the expired card and prior receipt - will be a fair bit of hassle, but should eventually be let - possibly paroled - in once they run the A# and see a denial with no refile and pending case, as all LPRs are entitled to a hearing with an immigration judge and due process. 

or

2) File and pay for a fresh I-751 from within the US with a US mailing address. Get receipt and extension letter. Send that to him. As the letter is useless with a card that expired three years ago he then needs to go to the embassy for a I-131A boarding foil ($575) and go through that process to get a document to permit boarding a flight back into the US. Covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted

or

3) an SB-1 if applicable. Again, covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted, but there are limits to how far you can push this reason. 

or

4) file an IR-1 and start from scratch.  Following a recent clarification and some case law - see HERE - you can adjust status now after a denial but without having to wait for an immigration judges ruling and formal termination of status, so it follows that that should also mean it should be applicable to an IR-1 instead of an i-130 & i-485 adjustment in country, but it will require a fairly competent lawyer to do so.

I am not your lawyer so please seek your own qualified legal opinion as to whether this is applicable in your circumstances before taking any action.

 

Broadly, those are your options. 

 

 

I very much appreciate all of this. His A Number didn't come up on that system check. My plan is to submit the SB1 in hopes of getting the DS117.

[goobies 79]

35 minutes ago, OldUser said:

My gut feeling is and @mindthegap can correct me... The CBP at pre-clearance have more discretion. They can deny boarding much more easily than CBP who let people in on US soil. They're pretty much deployed to other countries to deter some travelers from entering the US, "shielding" the States from the distance.

 

Disclamer: This is my opinion only.

I know my husband well enough to know that he wouldn't be willing to risk detention in a 3rd country. We will go the route of the SB1.

 

Thanks to everyone who chimed in. I very much appreciate all of your points.