Declined 1-751

[OldUser 6,167]

@Yosef please make sure to use the right terminology when communicating with congressman's office or USCIS.

 

1:751 => I-751

Declined => Denied

 

This will reduce chance of any misunderstanding. 

 

The worst case you would have to file another I-751.

[Yosef 7]

It's just money . 

[OldUser 6,167]

5 minutes ago, Yosef said:

It's just money . 

It's just immigration status and potential removal proceedings, which will cost you way more.

Edited January 20, 2023 by OldUser

[Rearviewmirror 396]

5 minutes ago, Yosef said:

It's just money . 

And time. The clock on your I-751 will reset if you have to resubmit.

[Yosef 7]

That means another 2 year wait !

[OldUser 6,167]

3 minutes ago, Rearviewmirror said:

And time. The clock on your I-751 will reset if you have to resubmit.

That's true. I don't know on what legal basis denied I-751 will be reviewed though. I almost certain the OP's denial letter states the decision cannot be appealed. With no evidence of requesting interview reschedule, it's going to be almost impossible to make them change their mind. Maybe I'm wrong, hopefully I am.

[Yosef 7]

You right . Just pay up and keep quiet!

[Family 3,842]

5 hours ago, Yosef said:

On 1 November I received a letter declining my application reason I didn't appear at the interview and didn't request to reschedule my interview. I called to request an appointment so they could listen to the call or look at the notes

At that time the effective step would have been to file I-290 B Motion to Re-Open /Reconsider for Service Error. Do it now , Make sure you mark both and you have a chance to get case Re opened.

The old fee free Service Motion days are gone but I-290 B will give you an opportunity to win.

You can still do a late filed I-290 B and argue the delay was because you called immediately upon receiving denial ( Nov) and once again relied on phone representative and we’re under the belief USCIS was indeed reviewing the October call to reschedule and investigating the clear Service Error.
 

Argue this is Service error,  write up a Sworn Affidavit with details of the call in request to reschedule from October including ref#, gender of representative , length of call and any other detail you recall from conversation. 
 

If you file I-290 B today, for example, you will have a receipt notice in a week , once you have the receipt Put them on speed dial for InfoPass for a stamp in your passport…cite perhaps elderly mom ‘s health and urgent need to travel and or possible issue with employment loss due to expired card..

 

Either case , prepare to reschedule your flight and do not leave until your I-290 B is filed and you have stamp in your passport.
 

 

https://www.uscis.gov/sites/default/files/document/forms/i-290binstr.pdf

USCIS will reject a late-filed appeal unless the office that issued the adverse decision determines that the untimely appeal meets the requirements of a motion to reopen or a motion to reconsider.
USCIS will deny a late-filed motion, except we may excuse the failure to timely file a motion to reopen if we determine that the delay was reasonable and beyond your control.

Edited January 20, 2023 by Family

[Yosef 7]

You seem to be wealth of good info. Question is as I have ask my congressman to intervene would filing a 1-290b hind this .

Thanks

[Rearviewmirror 396]

10 minutes ago, Yosef said:

You seem to be wealth of good info. Question is as I have ask my congressman to intervene would filing a 1-290b hind this .

Thanks

No. You need to file the I-290B immediately. Your congressman can support you, but @Family seems to have more detailed information on this specific situation than the rest of us. 

[Family 3,842]

11 minutes ago, Yosef said:

You seem to be wealth of good info. Question is as I have ask my congressman to intervene would filing a 1-290b hind this .

Thanks

You need to do both

[OldUser 6,167]

12 minutes ago, Yosef said:

would filing a 1-290b hind this .

1-290b = I-290B? 

hind = hinder? 

 

No it won't hinder, it would help. Don't rely on congressman. A lot of the times they're busy or cannot do much. Be proactive and ring as many bells as you can to get this moving anywhere.

[Yosef 7]

The 1 290b  is $675 ouch

[OldUser 6,167]

Just now, Yosef said:

The 1 290b  is $675 ouch

Disclaimer: you may pay $675 for I-290B and if you don't win it, still have to pay the full price of I-751. This is a way of saving you 2 years, not saving money.

[Yosef 7]

Why not apply for a new 1-751 ?