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

[Allaboutwaiting 2,503]

8 minutes ago, BaiBlueberry said:

Does anyone know about the Child Status Protection Act? Apparently it protects individuals who turn 21 before receiving their green card by 'freezing' their age after they file their case. My LPR status was granted when I was 15, and I submitted my I-751 when I was 17. Would I qualify for this, and be able to submit my new I-751 with my mom?

On a quick search I found it does not apply for removal of conditions. 

 

My guess is you want to be a derivative of your mum's petition to avoid paying the fee of your own petition? 

[Mike E 11,739]

43 minutes ago, BaiBlueberry said:

I'm sorry, is that a real thing or were you joking?

Ineffective assistance of counsel is a real thing. The original lawyer should have explained to your mother that the cases were separated. And what the consequences of that were.

[Mike E 11,739]

27 minutes ago, BaiBlueberry said:

Does anyone know about the Child Status Protection Act? Apparently it protects individuals who turn 21 before receiving their green card by 'freezing' their age after they file their case. My LPR status was granted when I was 15, and I submitted my I-751 when I was 17. Would I qualify for this, and be able to submit my new I-751 with my mom?

Your mother did not file I-130 for you before age 21. So no.

[BaiBlueberry 6]

36 minutes ago, Allaboutwaiting said:

On a quick search I found it does not apply for removal of conditions. 

 

My guess is you want to be a derivative of your mum's petition to avoid paying the fee of your own petition? 

Not to avoid the fee, but because I do not fit any of the categories to file on my own. 1c (spouse deceased), 1d (marriage was entered in good faith but ended), 1e (marriage was entered in good faith but I was abused), 1f (my parent entered the marriage in good faith but I was abused). The only one I was told I could apply for is 1g (extreme hardship), but that one is hard to prove apparently. 

 

21 minutes ago, Mike E said:

Ineffective assistance of counsel is a real thing. The original lawyer should have explained to your mother that the cases were separated. And what the consequences of that were.

Oh I see. We found out that first lawyer died (who filed our first green card application), so not sure if we can do anything about that.

[Allaboutwaiting 2,503]

50 minutes ago, BaiBlueberry said:

The only one I was told I could apply for is 1g (extreme hardship), but that one is hard to prove apparently. 

Have you read this: 

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

[BaiBlueberry 6]

15 minutes ago, Allaboutwaiting said:

Have you read this: 

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

I have. Was there anything specific you think I should be aware of? I was told it's hard to get approved unless you have a citizen or permanent resident spouse/child, or a citizen or permanent resident relative who is cared for by you. None of those apply to me. The hardships I can demonstrate are:

• Extent to which the qualifying relative has integrated into U.S. culture, including language, skills, and acculturation.

• Availability and quality of educational opportunities for qualifying relative in the country of relocation.

• Economic impact of applicant’s departure on the qualifying relative, including the applicant’s or qualifying relative’s ability to obtain employment in the country of relocation.

• Decline in the standard of living, including due to significant unemployment, underemployment, or other lack of economic opportunity in the country of relocation.

These are based on the fact that I've lived in the US for the past 11 years (haven't left for 10 years straight), and did almost all of my schooling here. I was accepted into graduate school and hope to start this summer. However, if I were to go back to the country I was born in, I would have to take a university exam and start my education/training over again, because the medical education system is completely different and US degrees are not recognized. I also do not speak my native tongue well enough since I've lived in the US for more than half my life, so it would be really difficult for me to pass the university exam in the country I was born in. Again, not sure if these would be considered *significant enough*.

[Allaboutwaiting 2,503]

7 minutes ago, BaiBlueberry said:

I have. Was there anything specific you think I should be aware of? I was told it's hard to get approved unless you have a citizen or permanent resident spouse/child, or a citizen or permanent resident relative who is cared for by you. None of those apply to me. The hardships I can demonstrate are:

• Extent to which the qualifying relative has integrated into U.S. culture, including language, skills, and acculturation.

• Availability and quality of educational opportunities for qualifying relative in the country of relocation.

• Economic impact of applicant’s departure on the qualifying relative, including the applicant’s or qualifying relative’s ability to obtain employment in the country of relocation.

• Decline in the standard of living, including due to significant unemployment, underemployment, or other lack of economic opportunity in the country of relocation.

These are based on the fact that I've lived in the US for the past 11 years (haven't left for 10 years straight), and did almost all of my schooling here. I was accepted into graduate school and hope to start this summer. However, if I were to go back to the country I was born in, I would have to take a university exam and start my education/training over again, because the medical education system is completely different and US degrees are not recognized. I also do not speak my native tongue well enough since I've lived in the US for more than half my life, so it would be really difficult for me to pass the university exam in the country I was born in. Again, not sure if these would be considered *significant enough*.

It is all about how you present the facts and emphasize on the negative impact if you leave the US.

 

If you were accepted into graduate school you are already familiar with the personal statement/ statement of purpose and how convincing and compelling they must be. So the same should apply in this case: elaborate exhaustively on all the points the policy manual states that apply to you, be thorough, dwell on the minutiae.

 

And contact the ombudsman ASAP. They might act fast given the specifics of your case. 

[BaiBlueberry 6]

11 minutes ago, Allaboutwaiting said:

It is all about how you present the facts and emphasize on the negative impact if you leave the US.

 

If you were accepted into graduate school you are already familiar with the personal statement/ statement of purpose and how convincing and compelling they must be. So the same should apply in this case: elaborate exhaustively on all the points the policy manual states that apply to you, be thorough, dwell on the minutiae.

 

And contact the ombudsman ASAP. They might act fast given the specifics of your case. 

I see. I'm just trying to clarify if I can refile based on my mom's marriage first. If that is possible, I will file based on both my mom's marriage (1d: marriage entered in good faith but ended) and extreme hardship (1g). I already have a statement regarding my mom's marriage, and can write a new one for hardship. 

[Allaboutwaiting 2,503]

14 minutes ago, BaiBlueberry said:

I see. I'm just trying to clarify if I can refile based on my mom's marriage first. If that is possible, I will file based on both my mom's marriage (1d: marriage entered in good faith but ended) and extreme hardship (1g). I already have a statement regarding my mom's marriage, and can write a new one for hardship. 

I don't think you should check box 1d, just 1g.

1d literally reads "My marriage..."

 

But I do think you should include the statement - and don't forget the letter explaining the late filing-.

 

P.S.: A box not checked or checked erroneously should not cause a denial, but an RFE.

Edited March 22, 2023 by Allaboutwaiting

[BaiBlueberry 6]

14 minutes ago, Allaboutwaiting said:

I don't think you should check box 1d, just 1g.

1d literally reads "My marriage..."

 

But I do think you should include the statement - and don't forget the letter explaining the late filing-.

 

P.S.: A box not checked or checked erroneously should not cause a denial, but an RFE.

So, there is no way for me to apply based on my mom's marriage anymore? I guess it makes sense, but also not in a way since that was my initial case.

 

What do you mean by late filing?

[Allaboutwaiting 2,503]

12 minutes ago, BaiBlueberry said:

So, there is no way for me to apply based on my mom's marriage anymore? I guess it makes sense, but also not in a way since that was my initial case.

 

What do you mean by late filing?

The window to file for removal of conditions is 90 days prior the expiration of the conditional green card. So this new filing should include a letter explaining why you are filing many years later - which would obviously be the denial-.

 

And I understand why you are confused -I am also very confused-. If you feel better checking that box, do so. But you are actually filing on your own now. 

[BaiBlueberry 6]

15 minutes ago, Allaboutwaiting said:

The window to file for removal of conditions is 90 days prior the expiration of the conditional green card. So this new filing should include a letter explaining why you are filing many years later - which would obviously be the denial-.

 

And I understand why you are confused -I am also very confused-. If you feel better checking that box, do so. But you are actually filing on your own now. 

Oh I see. Thank you so much for being patient with me. Completely makes sense now. 

 

Do you think it would help my case to show my involvement in US communities (volunteering, research)? One of the lawyers I had a consultation with said it might help to also argue that my absence would cause hardship for the communities I'm a part of (I volunteer a lot for low-income, first-generation students, minors, elderly, etc. communities)

[Allaboutwaiting 2,503]

4 minutes ago, BaiBlueberry said:

Oh I see. Thank you so much for being patient with me. Completely makes sense now. 

 

Do you think it would help my case to show my involvement in US communities (volunteering, research)? One of the lawyers I had a consultation with said it might help to also argue that my absence would cause hardship for the communities I'm a part of (I volunteer a lot for low-income, first-generation students, minors, elderly, etc. communities)

Absolutely. Include everything you can think of.

 

And as I said, elaborate: for instance, don't just say "I'm not fluent in X language" but "The lack of communication skills will negatively affect every aspect of my life, from daily interactions to forming meaningful relationships which will lead to ostracizing and alienation. It will also limit my opportunities in regard to education and employment..."

[BaiBlueberry 6]

1 minute ago, Allaboutwaiting said:

Absolutely. Include everything you can think of.

 

And as I said, elaborate: for instance, don't just say "I'm not fluent in X language" but "The lack of communication skills will negatively affect every aspect of my life, from daily interactions to forming meaningful relationships which will lead to ostracizing and alienation. It will also limit my opportunities in regard to education and employment..."

So so thankful for you. Thank you again. I will just focus on filing based on hardship, write a statement and try to get affidavits

[Allaboutwaiting 2,503]

Just now, BaiBlueberry said:

So so thankful for you. Thank you again. I will just focus on filing based on hardship, write a statement and try to get affidavits

You're welcome. I truly hope everything gets fixed.

 

And include the marriage statement too, it won't hurt. Agents that review ROC cases are used to literally pounds of evidence. 

 

Don't forget to include evidence for each thing you mention on the hardship statement; e.g.: if you mention losing education opportunities include the letter from your graduate program, etc.