Declined 1-751

[OldUser 6,635]

3 minutes ago, Yosef said:

Why not apply for a new 1-751 ?

You can apply for new I-751, but do you want to wait again? You'd need to get I-551 stamps in your passport too as extension letter wouldn't cover your GC at some point.

[mindthegap 2,590]

47 minutes ago, Yosef said:

The 1 290b  is $675 ouch

Which is why you are best to just file a fresh i-751 as odds on you will eventually have to anyway. IF you get the error corrected you can withdraw the second filing. 

As @Family mentions above, service motions for USCIS screw ups used to be addressed in a timely manner and fee free - this is not really the case any more. You could file an I-290B which is now late, it could be rejected or it could be accepted, and then you are in the waiting game for that, with no guarantees they will view it favourably at all. Given the cost the fresh I-751 is a path of least resistance, while concurrently trying to get them to fix this issue WITHOUT paying for an I-290b.

 

 Just prepare to file a new I-751 - you are legally permitted to do so, and should someone at USCIS actually reverse this you can then withdraw it (no refund unfortunately). It is strongly in your interests for a variety of reasons that you file this sooner rather than later. 

 

1 hour ago, Yosef said:

Question is as I have ask my congressman to intervene would filing a 1-290b hind this .

 Congresspeople cannot intervene or overturn a USCIS decision.  All they do is send your request to USCIS exactly as you have written it to your congressperson, and draw their attention to it. Whether someone acts on that is no guarantees - they’ve paid not one jot of attention to my congressperson requests after waiting YEARS and drawing their attention to clear procedural and legal errors and I know they were sent to USCIS as I can see them in my A# file in my FOIA response.

 

 

2 hours ago, Yosef said:

It's just money . 

Oh young grasshopper you have much to learn about USCIS and the horrible loop and phase you are about to enter following a denial. It's going to be a mess.
 

2 hours ago, OldUser said:

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.

It’s definitely buried in the legalese (I have it noted down and frankly can’t be bothered to dig it out right now) that they can, legally, correct it and reopen for cause or service error, and at zero cost. 
The problem, as always, is getting someone at USCIS to do what they are supposed to do.
When you can’t even get an infopass appointment or speak to a non robot for over 30 days, what the hell chance do most people have here at getting it fixed? 

It’s a (removed) disgrace. 

 
 

[EDIT] - I decided to dig it out from my master folder: I cited this as part of my requests that were totally ignored. 

8 CFR 103.5 (a) (5)

“(5) 

Motion by Service officer

(i) Service motion with decision favorable to affected party. 

When a Service officer, on his or her own motion, reopens a Service proceeding or reconsiders a Service decision in order to make a new decision favorable to the affected party, the Service officer shall combine the motion and the favorable decision in one action.

(ii) Service motion with decision that may be unfavorable to affected party. When a Service officer, on his or her own motion, reopens a Service proceeding or reconsiders a Service decision, and the new decision may be unfavorable to the affected party, the officer shall give the affected party 30 days after service of the motion to submit a brief. The officer may extend the time period for good cause shown. If the affected party does not wish to submit a brief, the affected party may waive the 30-day period.”

 

Edited January 20, 2023 by Ontarkie
by-passing language filter

[Yosef 7]

What does the 290B do exactly .

[Rearviewmirror 397]

3 minutes ago, Yosef said:

What does the 290B do exactly .

https://letmegooglethat.com/?q=i-290b

[Yosef 7]

How does one do it for free the 290B cost money. Not sure I understood what you said ?

[mindthegap 2,590]

14 minutes ago, Yosef said:

What does the 290B do exactly .

It's a motion to re-open or reconsder with VERY narrow criteria for filing, and a specified time period in which to do so. 

It is NOT an appeal. 

 

A motion to reopen: must state new facts and must be supported by documentary evidence demonstrating eligibility for the required immigration benefit at the time you filed the application or petition.

As in, if there was some pertinent documents that that you didn't file or include, or perhaps you didn't have at the time of filing, that would have changed the outcome, this would be the one to use. 

 

A motion to reconsider: A motion to reconsider must demonstrate that the decision was based on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the case record at the time of the decision. The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of USCIS policy.

In other words, YOU have to tell THEM, what laws, procedures or their own policies they violated by denying you. Yes, really, it is that stupid. Like I said, just file an I-751 as it's the path of least resistance and the same amount of money. 

 

9 minutes ago, Yosef said:

How does one do it for free the 290B cost money. Not sure I understood what you said ?

You used to be able to request a service motion by writing or in person, or even over the phone, with USCIS for their errors and they would fix it. You didn't have to formally file anything. 

Nowadays, because they are so busy/inept/greedy/lazy, they don't even bother acting on such requests and thats IF you can actually speak to a human,  so a possible way to do so is by filing an I-290B, BUT this has a narrow time window in which to do so, and costs money.

 

 

 

My advice stands.  Start preparing a new I-751, while trying to get an infopass over the phone on short notice (you may have to be economical with the truth to get one) AND writing a letter to the field office director marked urgent and getting it fedex'd there in the hope that someone with more than one brain cell actually reads it and does their damn job 

Edited January 20, 2023 by mindthegap

[OldUser 6,635]

6 minutes ago, Yosef said:

How does one do it for free the 290B cost money. Not sure I understood what you said ?

There is no such thing as a free lunch

[Yosef 7]

If I am correct one has to file the I-751 90days before ones green card expires? What help is that how as it expired 5/2021

[OldUser 6,635]

4 minutes ago, Yosef said:

If I am correct one has to file the I-751 90days before ones green card expires? What help is that how as it expired 5/2021

It can be filed after 90 day window for various cases, including previously denied I-751.

 

The path would be as follows:

- File new I-751

- Complete biometrics (if invited)

- Reply to any RFEs (if sent by USCIS)

- Attend the interview (if scheduled by USCIS)

- Get decision (hopefully approval + 10 year Green Card)

Edited January 20, 2023 by OldUser

[mindthegap 2,590]

16 minutes ago, Yosef said:

If I am correct one has to file the I-751 90days before ones green card expires? What help is that how as it expired 5/2021

Not really.

1) you can file with a divorce waiver at any time. You haven't mentioned divorce, so I'll assume this is a regular joint filing.

2) joint filings can be filed late after that 90 day window, as long as they are accompanied by a request to excuse the lateness and that isn't clearly defined so is open to interpretation, so in practice, most, if not all, late filings are accepted without issue. 

You do have a perfectly valid reason for late filing here. You originally filed on time and it it is a re-file following denial which is a valid reason.

Write a brief letter stating that, including the prior receipt number, and it will be accepted.

Trust me man, I've filed three of these damn things now - it'll be accepted as long as you write a brief letter with it specifying why it is outside of the usual 90 day window. 

Edited January 20, 2023 by mindthegap

[Yosef 7]

On a side point the fee for filing plus bio metric . last time I paid and I received a letter telling I don't need the bio . Can one apply without paying the bio fee?

[mindthegap 2,590]

1 minute ago, Yosef said:

On a side point the fee for filing plus bio metric . last time I paid and I received a letter telling I don't need the bio . Can one apply without paying the bio fee?

Nope. Must be paid. Will be rejected if you don't. 

[Yosef 7]

Is a denial enough of a reason ?

[mindthegap 2,590]

Just now, Yosef said:

Is a denial enough of a reason ?

Yes.

 

[MillerTime 22]

6 hours ago, Yosef said:

Hi can anyone assist me. I applied for my 1:751 May 2021. I received an interview in October in I called to reschedule have service number.

What was the reason for why you had to reschedule? I don't think I saw that. Just because you request for a reschedule does not mean you are going to get it. It's under USCIS's discretion. Unfortunately there are some reasons that are insufficient, in USCIS's eyes, for an interview reschedule. For example if it's just because you couldn't get the day off of work that's not going to fly with USCIS and their denial will stand to the end of time and there's no point in fighting it and refiling might be the better option.