I-751 denied, then I-290B denied, help with next steps

[BaiBlueberry 6]

Hello. This will be a long post to ensure I share all important necessary details with you all, so warning in advance. I was urged to post here to get some opinions. I've read through some helpful posts/responses so far, and hoping someone could help me.

 

I received my 2 year GreenCard through my mother, who received hers after getting married. Right off the bat, we were confused as my case was separated from hers. As a minor, our cases should've been processed together but they were not. Something like 2 years go by, and we apply for 10-year GCs. Soon after, my mom found out her husband has been having an affair. During this time, we also learned that instead of paying the lawyer to file my case, my mom's husband spent the money and paid the lawyer months later. We were told this could be a reason my case was separated from my mom's. My mom filed for divorce.

 

As our I-751 cases were being processed, my mom and I received extension letters and I-551 stamps from USCIS. After 3 years, my mom and I received notices of denial for our I-751 cases. The reason given to both of us was that we failed to show up for our interviews. There was no mail notice, online update on the USCIS profile, or a letter sent to our lawyer. In addition, over the course of 3 years we had been submitting inquiries about our case every 6 months, and we had submitted a request a couple days after the said 'interview date'— the response for this inquiry stated the case was still being processed with no mention of a missed interview. My mom was even able to file an n400 and pass her interview during this time. When she went for her n400 interview, no one told her anything about a missed interview or the dismissal of her I-751 case. I've read a lot of posts online from people in similar situations where they were denied for missing an interview that was never communicated with them. So, we had hope that maybe it was a common clerical error that would get sorted.

 

Following the I-751 denials, our lawyer filed for I-290B and submitted all the evidence we had to 'prove' no notice was sent. We included all the inquiries we submitted, screenshots that were periodically taken from the USCIS online profile, a letter from our lawyer stating he received no notice about an interview, etc. At this time, I also contacted our local congressmen to request their help. Over the 1.5 years, the congressmen's office has been inquiring about our I-290B cases. 2 days ago they received a response to their latest inquiry stating our cases were still being processed. But then last night, we received emails stating both my mom's and my I-290B appeals have been denied. We have not received the physical notices yet, and therefore do not know the reason for the I-290B denials. 

 

My mom still has a valid I-551 stamp until this summer. Unfortunately, I do not. I had called in April 2022 to request an InfoPass appointment. When I didn't hear back by June 2022, I called back and was told there is a waitlist for InfoPass appointments, and to not worry if I wasn't called within the 30-day timeline. It has been almost 10 months, and I still have not received a call to schedule an 1-551 stamp appointment. And thus, my last stamp expired last summer. So, I have no 'proof' of being a permanent resident.

 

What is the best course of action at this point? I know we can either go to federal court or re-file for I-751. Are there any other options? We have concerns about both of these options since both cannot be appealed if we receive another denial. We've also read that these court cases have a ~10% chance of re-opening the I-751 case. Any advice or feedback you have would be greatly appreciate. Thank you so much already for your time!

Edited January 29, 2023 by BaiBlueberry

[nastra30 2,284]

Hope I'm reading this correctly. Mum filed for divorce while I-751 was pending? Did she change it to I-751 with divorce waiver?

Edited January 29, 2023 by nastra30

[BaiBlueberry 6]

1 minute ago, nastra30 said:

Hope I'm reading this correctly. Mum filed for divorce while I-751 was pending? Did she change it to I-751 with divorce waiver?

No, sorry for the confusion! The I-751 was filed after the divorce.

[nastra30 2,284]

Just now, BaiBlueberry said:

No, sorry for the confusion! The I-751 was filed after the divorce.

Ok. Did she file I-751 to remove conditions with a divorce waiver after the divorce?

[BaiBlueberry 6]

10 minutes ago, nastra30 said:

Ok. Did she file I-751 to remove conditions with a divorce waiver after the divorce?

Yes

[Mike E 11,739]

I would:

 

* lease a post office box from usps or a private mail facility. The latter might have the option to let you forward physical mail to your current location. 
 

* file  a new I-751 listing the PO Box as the mailing address.  Use a different lawyer Or no lawyer at all. 4 year extension letter coming your way.  

 

* do not use the PO Box for anything but USCIS communications 

 

* once a week check if I am in removal proceedings due to the old I-751 being denied. https://acis.eoir.justice.gov/en/ If your trial is scheduled, hire a lawyer to defend you. The trial is where you will win your 10 year gc. So welcome it versus fear it. 

 

* file AR-11 online listing the old case to use the PO Box as the mailing address 

* once you get your 10 year green card, hire a lawyer to cancel removal proceedings from the old I-751

 

* keep the PO Box until you naturalize. 

[BaiBlueberry 6]

10 minutes ago, Mike E said:

I would:

 

* lease a post office box from usps or a private mail facility. The latter might have the option to let you forward physical mail to your current location. 
 

* file  a new I-751 listing the PO Box as the mailing address.  Use a different lawyer Or no lawyer at all. 4 year extension letter coming your way.  

 

* do not use the PO Box for anything but USCIS communications 

 

* once a week check if I am in removal proceedings due to the old I-751 being denied. https://acis.eoir.justice.gov/en/ If your trial is scheduled, hire a lawyer to defend you. The trial is where you will win your 10 year gc. So welcome it versus fear it. 

 

* file AR-11 online listing the old case to use the PO Box as the mailing address 

* once you get your 10 year green card, hire a lawyer to cancel removal proceedings from the old I-751

 

* keep the PO Box until you naturalize. 

Hello! Thank you so much for all this information.

 

1) If there are proceedings for removal, does this mean deportation? Is that what the trial would be for? It scares me because of it's finality and low success rates 😞

2) If the I-751 is denied again, would there still be options for me to pursue to continue staying in the US?

[nastra30 2,284]

I'll also recommend you file FOIA:https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

[Timona 4,207]

@nastra30 has covered some.

 

Your mother wasn't eligible to N400 under 3 year rule as she was already divorced. It seems she didn't inform USCIS when she went to her N400. You say she filed I-751 with divorce waiver option BUT did she include final divorce decree? 

 

My suggestion? Don't waste your time on lawyers. Both of you should refile I-751 to get this one fixed. Neither of you can N400 without straightening I-751.

 

P.S: Unless you're a minor, you and your mom's I-751 will be handled separately. You can send them in same envelope yet you may get receipts at different times and processed at different centers. This is USCIS load balancing. 

 

[BaiBlueberry 6]

3 minutes ago, Timona said:

@nastra30 has covered some.

 

Your mother wasn't eligible to N400 under 3 year rule as she was already divorced. It seems she didn't inform USCIS when she went to her N400. You say she filed I-751 with divorce waiver option BUT did she include final divorce decree? 

 

My suggestion? Don't waste your time on lawyers. Both of you should refile I-751 to get this one fixed. Neither of you can N400 without straightening I-751.

 

P.S: Unless you're a minor, you and your mom's I-751 will be handled separately. You can send them in same envelope yet you may get receipts at different times and processed at different centers. This is USCIS load balancing. 

 

Hello! She filed her N400 under the 5 year rule. This happened while we were waiting for our I-751 cases to be finalized, so she had been living in the US for 5+ years. She already had her interview and passed, and she was told her I-751 case needs to be approved before she can be naturalized. 

[Mike E 11,739]

9 minutes ago, BaiBlueberry said:

Hello! Thank you so much for all this information.

 

1) If there are proceedings for removal, does this mean deportation?

Yes.  

9 minutes ago, BaiBlueberry said:

 

Is that what the trial would be for?

yes. 

9 minutes ago, BaiBlueberry said:

 

It scares me because of it's finality and low success rates

Share your   data that says removal hearings where the conditional green card holder presents a divorce decree have low success rates. I am keen to learn. 
 

9 minutes ago, BaiBlueberry said:

 

2) If the I-751 is denied again, would there still be options for me to pursue to continue staying in the US?

Why would it be denied? What are you not telling us?

 

Let’s assume you are denied and exhaust all appeals. Assuming you are over age 21,  your  option to stay in the U.S. requires your  U.S. citizen spouse petitioning your green card. 

[Timona 4,207]

Dis she have her GC for 5+ years by time of N400 OR had she been in the US for that time frame?? If it's the latter, she's not eligible. 

 

Anyway, both of you should refile I-751. That sorts all your problems 

[BaiBlueberry 6]

11 minutes ago, Mike E said:

Yes.  

yes. 

Share your   data that says removal hearings where the conditional green card holder presents a divorce decree have low success rates. I am keen to learn. 
 

Why would it be denied? What are you not telling us?

 

Let’s assume you are denied and exhaust all appeals. Assuming you are over age 21,  your  option to stay in the U.S. requires your  U.S. citizen spouse petitioning your green card. 

I don't know how to quote specific lines so I numbered them instead to respond to some of your points. I hope it makes sense, sorry!!

 

1) I only googled success rates for court appeals on immigration cases, and saw 10% on google. I tried to find the link again but I've been on so many websites that I couldn't. It wasnt specific for divorce though.

 

2) There is nothing I haven't shared. I think it's natural to be scared that the case could get denied again if it was denied once. So, I just want to know all possible options for all possible outcomes.

 

3) I do not have a spouse, so that would not be possible for me

 

Edited January 29, 2023 by BaiBlueberry

[BaiBlueberry 6]

3 minutes ago, Timona said:

Dis she have her GC for 5+ years by time of N400 OR had she been in the US for that time frame?? If it's the latter, she's not eligible. 

 

Anyway, both of you should refile I-751. That sorts all your problems 

She had her GC. She was in the process of I-751 while still having her GC. As I mentioned, she applied and passed her interview before the denial notices for the I-751 came. We will likely do that, and also look into the court stuff thank you so much!

[Timona 4,207]

You didn't answer me. When did she get her GC? Year, that is