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

[manyfudge 285]

1 hour ago, BaiBlueberry said:

have moved, so they gave me an appointment near my new address

1) great, so you have updated ID.

2) you have refiled i751, right?

[BaiBlueberry 6]

30 minutes ago, mindthegap said:

 

There are a variety of holds for different things

This one was taken from my own FOIA response, after I 'missed' an interview (when no mail notice was received...much like you)

 

As you can see it says 30 days....

 

There are others too (also taken from my FOIA):

 

 

It could also still be on hold because you filed an I-290B, or it could be because they think you will ultimately refile, and it is a lower priority as an I-751 with the backlogs they have.

Or, they are just totally inept.

 

 

 

Thanks so much, this is really helpful! I guess I'll (hopefully) find out during the appointment.

[OldUser 6,612]

16 minutes ago, manyfudge said:

2) you have refiled i751, right?

OP was advised to do this multiple times, almost a year ago. I hope they actually did it instead of relying on I-290B

[Family 3,988]

15 minutes ago, BaiBlueberry said:

 

Thanks so much, this is really helpful! I guess I'll (hopefully) find out during the appointment.

Honestly, I am inclined to think infopass officer at old field office won’t be much help. ..unless you can persuade him of his supervisor to send your file to your new field office….as they  inherited “ jurisdiction “ the moment AR-11 was filed

 

[BaiBlueberry 6]

5 minutes ago, Family said:

I hope you now have FOIA d for complete records of your adj/I-751 and I-290 B filings ..since all were done by attorneys.

 

You never came back w details of specific reasons given in the I-290 B denial. ..nor is it clear if you took any action other than consulting attorneys. 
 

Even if you can’t afford to hire them ..you are very smart , cool /calm as a cucumber and very capable to handle this !

 

Am also hoping you did the following:

 

1. Filed a “ late filed “ I-290 B ..mark

both motion to re open /Motion to reconsider …this is specific to the first denied I-290 B . 
Point out that there is no evidence on record that a notice of interview was ever mailed to you  Obtain an  affidavit from any old neighbor that says they have had problems w mail 

 

2. Filed a new Late Filed I-751 , mark hardship..and as noted in earlier posts state a claim on the additional reasons on last page of form . 
 

So their hold just means , no action on NTA or sending you to court 
 

 

 

 

 

I did not file an FOIA bc I read on some of the posts that it can delay your new case. Is this true?

 

As far as the I-290B, the reason was "The evidence you submitted with this motion does not overcome the reason(s) for the denial of your application or petition." I had sent a statement to point out there is no evidence on record of a notice and included screenshot from myUSCIS. I even included the USCIS responses to my 'outside of normal timeframe' requests (filed after the missed interview date stated on the I-751 denial), which said my case was still being processed and nothing out of the ordinary was going on. I didn't think of getting an affidavit from a neighbor, but the lawyer that filed my I-751 included a signed statement saying he never received a notice either.

 

I'm hoping you're right about the NTA. I explained everything I filed to the field agent. They said an NTA still should've been automatically sent to me after the I-751 denial or the I-290B dismissal. They said it could've been generated late, and just hadn't been sent to me yet? I'm hoping they just wanted to make sure I'm being careful, and getting ahead of it if an NTA was indeed generated.

[mindthegap 2,589]

13 minutes ago, BaiBlueberry said:

 

I did not file an FOIA bc I read on some of the posts that it can delay your new case. Is this true?

 

Nope

 

13 minutes ago, BaiBlueberry said:

As far as the I-290B, the reason was "The evidence you submitted with this motion does not overcome the reason(s) for the denial of your application or petition."

 

An I-290B was the wrong thing to file.

It has a very narrow applicability, either for evidence not submitted that would have made a difference to adjudication, or incorrect application of the law or policy (that you have to cite to them). 

To the letter of the law, you did not show for your scheduled interview, therefore they were entirely correct in their denial. They don't care that you didn't receive it. As far as they are concerned, they scheduled it, and mailed you a notice of that appointment (even if they didn't). Which is why filing an I-290B was pointless. 

 

13 minutes ago, BaiBlueberry said:

I'm hoping you're right about the NTA. I explained everything I filed to the field agent. They said an NTA still should've been automatically sent to me after the I-751 denial or the I-290B dismissal. They said it could've been generated late, and just hadn't been sent to me yet? I'm hoping they just wanted to make sure I'm being careful, and getting ahead of it if an NTA was indeed generated.

 

Dude, I have had three denials, as far back as 2017, and no NTA. I've also been on the receiving end of massive (and proveable) breaches of their own damn policy and federal law regarding adjudication.

What is *supposed* to happen does not always happen. 

 

So now, you can either sit tight, wait for an NTA that may *eventually* come, and then wait some more, go to court, and ultimately have a judge who may instruct USCIS to re-open it because it wasn't received, which is possible, or a judge who will advise you to file a new I-751....either way it means court. 

 

So you can cut out a whole heap of hassle, file a new I-751 now, get back in line, and stop worrying about it for a few years. If you do this, you may avoid having to go to court at all. 

 

 

btw, did you get your stamp?

 

 

 

Edited January 25 by mindthegap

[Family 3,988]

5 minutes ago, BaiBlueberry said:

 

I did not file an FOIA bc I read on some of the posts that it can delay your new case. Is this true?

 

As far as the I-290B, the reason was "The evidence you submitted with this motion does not overcome the reason(s) for the denial of your application or petition." I had sent a statement to point out there is no evidence on record of a notice and included screenshot from myUSCIS. I even included the USCIS responses to my 'outside of normal timeframe' requests (filed after the missed interview date stated on the I-751 denial), which said my case was still being processed and nothing out of the ordinary was going on. I didn't think of getting an affidavit from a neighbor, but the lawyer that filed my I-751 included a signed statement saying he never received a notice either.

 

I'm hoping you're right about the NTA. I explained everything I filed to the field agent. They said an NTA still should've been automatically sent to me after the I-751 denial or the I-290B dismissal. They said it could've been generated late, and just hadn't been sent to me yet? I'm hoping they just wanted to make sure I'm being careful, and getting ahead of it if an NTA was indeed generated.

I recall those details ( attorney’s statement and your screenshots) . Don’t be dissuaded . 
 

The DIY price of filing again ( both I-290 B and I-751) is effective flanking maneuver AND keeps you in status as you continue your studies and life.

 

Add old neighbor affidavits w new I-290 B . ..mark both options . And don’t be shy about filing I-751 for hardship ..you just need basic filing and request an I-751 interview IN PERSON at initial filing , any RFE. 
 

In the long run ..you will win . 
 

If you prevail on the I-290 B then you immediately file N-400 under 5 years 😂. Attack from all sides 

 

 

 

[manyfudge 285]

25 minutes ago, BaiBlueberry said:

did not file an FOIA bc I read on some of the posts that it can delay your new c

Did you or did you not file a new i751?

 

You and your mother need to do this.

 

You have received excellent advice from @mindthegap and @Family.

 

Aren’t you attending dental school at a fine and rich university downtown?

 

Their financial office is generous and their law school does tons of probono work.

 

If the fees are stopping you, they can and will help.

 

What is your reason for not filing a new i751?

 

And yes, once that is filed, file N400.

[manyfudge 285]

7 minutes ago, Family said:

400 under 5 year

No need to wait! Once @BaiBlueberry refiles i751, they can file N400.

 

[Family 3,988]

12 minutes ago, mindthegap said:

An I-290B was the wrong thing to file.

It has a very narrow applicability, either for evidence not submitted that would have made a difference to adjudication, or incorrect application of the law or policy (that you have to cite to them). 

To the letter of the law, you did not show for your scheduled interview, therefore they were entirely correct in their denial. They don't care that you didn't receive it. As far as they are concerned, they scheduled it, and mailed you a notice of that appointment (even if they didn't). Which is why filing an I-290B was pointless. 

When I come across a “ With all due respect…” sentence , I usually know none is coming 😂. ..so I will disagree better.

 

I-290 B can and often do work …

 

Devil’s in the Details . ..
 

 

[mindthegap 2,589]

5 minutes ago, Family said:

When I come across a “ With all due respect…” sentence , I usually know none is coming 😂. ..so I will disagree better.

 

I-290 B can and often do work …

 

Devil’s in the Details . ..
 

 

 

😂 Much like 'no offence, but....'

 

I get you. Of course I-290Bs can work... but in this case IMHO it was a waste of time, as the application of it is so (and very intentionally) narrow, and it costs the same as filing a new I-751 in the first place....

 

 

10 minutes ago, manyfudge said:

No need to wait! Once @BaiBlueberry refiles i751, they can file N400.

 

I tried that once too with my second refile. The N-400  interview appointment letter stated it would be a joint interview for any other outstanding pending cases.

They then simply denied the I-751 (without interview, or RFE) about a week before the N-400 interview, and then conducted the N-400 interview as scheduled, and a few weeks later wrote to me denying the N-400 on the basis of 'not being a permanent resident'. 

[Family 3,988]

Although below is for reopening removal orders : EOIR ..it is helpful reading and formatting 

 

https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/lac_pa_092104.pdf

The presumption of effective service can be overcome if the respondent demonstrates nondelivery or improper delivery by the Postal Service. Id. Nondelivery or improper delivery can be established by submitting substantial and probative evidence, such as documentary evidence from the Postal Service and affidavits. Id. For example, if there were ongoing problems with the mail delivery, you may want to provide details about the problems and affidavits from people with direct knowledge of the problem.
Post IIRAIRA Cases
There is a weaker presumption of delivery where the notice was sent by regular mail. Matter of M-R-A-, 24 I&N Dec. 665 (BIA 2008); Matter of C-R-C-, 24 I&N Dec. 677 (BIA 2008). In determining whether the respondent has overcome this presumption, the immigration judge must consider both circumstantial and corroborating evidence, and may consider a variety of factors, including (but not limited) to:
-- respondent’s affidavit
-- affidavits from family members and other individuals who are knowledgeable
about the relevant facts
-- respondent’s actions upon learning about the in absentia order and whether he or
she exercised due diligence in seeking redress
-- any prior affirmative application for relief or application filed with USCIS or
prima facie eligibility for relief (to help establish an incentive to appear)
-- previous attendance at immigration court hearings
-- other circumstances or evidence indicating possible non-receipt

[Family 3,988]

2 hours ago, mindthegap said:

 

😂 Much like 'no offence, but....'

 

I get you. Of course I-290Bs can work... but in this case IMHO it was a waste of time, as the application of it is so (and very intentionally) narrow, and it costs the same as filing a new I-751 in the first place....

 

 

 

I tried that once too with my second refile. The N-400  interview appointment letter stated it would be a joint interview for any other outstanding pending cases.

They then simply denied the I-751 (without interview, or RFE) about a week before the N-400 interview, and then conducted the N-400 interview as scheduled, and a few weeks later wrote to me denying the N-400 on the basis of 'not being a permanent resident'. 

I hear you , loud and clear . At some point ( let’s say start of Trump

era ..for accuracy ) they went stealth 😂..stopped accepting Service Motions for  Service Error and drastic changes to transparency . 
Example in 2012   ,  and they were https://www.uscis.gov/archive/uscis-to-expedite-review-for-certain-cases-affected-by-specific-administrative-inaccuracies

Plus if attorney on record did not get notice , that was an automatic ground ..that too is gone . 
 

In the meantime, do a FOIA for all their systems and request ALL notices mailed to you and attorneys of record . 

 

https://www.dhs.gov/sites/default/files/publications/pia-uscis-elis056a-december2018.pdf