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

[mindthegap 2,589]

7 hours ago, Noname93 said:

As someone who is currently in the waiting game for my second I-751, what happens to the first petition once the second one gets approved? Could they still issue an NTA afterwards?

Yes. Depends on a variety of factors, including how quickly you filed the second one post-denial of the first. If you look in your FOIA post a denial, you would see something like this:

 

 

 

 

 

Data point:I'm on my third I-751, and, to date, no NTA from the denials of my first or second, and the eeyore (which is what I call the AUTOMATED CASE INFORMATION site, remains clear. 

[Family 3,988]

8 hours ago, Noname93 said:

As someone who is currently in the waiting game for my second I-751, what happens to the first petition once the second one gets approved? Could they still issue an NTA afterwards?

If second gets approved then you go on your merry way., No NTA 

[mindthegap 2,589]

Can't edit my above post.. mis-read it, didn't realise you meant AFTER the second is approved.

The answer is no. 

[BaiBlueberry 6]

On 1/29/2023 at 11:32 AM, Family said:

Agreed. The I-751 attorney did a thorough job and included his own affidavit for non receipt of interview notice. …BUT after a quick look ( no recall nor hands on ) there may be an issue w OP ‘s I-751 basis.

Sounds like as a child whose parents divorced, her only option would have been to claim hardship to herself.

• If your parent’s spouse will not join you in the filing of a Joint I-751 Petition OR your parent has divorced his or her spouse, then you still may be eligible to file an I-751 Waiver Petition IF you can prove that the termination of your conditional residence and your removal from the United States will result in extreme hards

I 

Hello. For the past weeks I’ve been trying to speak with lawyers and assemble evidence to prove my mom’s marriage was legit (pictures, affidavits, translating documents). We also had a car crash. So, things have been hectic I apologize to everyone for going MIA.

 

During this process one of the lawyers told me I can only file under the hardship waiver. The options to file with a waiver are 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), and 1g (extreme hardship). Since i wasn’t the one married and my parent was, he told me 1d would not be an option for me. I wasn’t abused by my step dad, so 1f is also not an option. I’ve been searching for threads for the hardship waiver and it seems many comments say it’s hard to prove. 
 

I came to the US as a minor and completed middle school, high school, and now completing college here. I received my 2-year green card as a minor (2016), and applied for i-751 as a minor (2018). I was accepted into grad school and hope to start this summer. I can barely speak my native language anymore and my whole life as I know it is here. Would this not be evidence enough for hardship? I do not have a citizen/permanent resident child or spouse here.

 

The lawyer said I can try to argue that my absence would cause hardship for the American communities i am a part of. I have been volunteering for low-income immigrant communities since high school (orphanage, elder homes, free health clinics, summer camp for children with cancer). I’m a mentor for first generation college students. I’ve been the student leading my university’s school-wide service project for the past 2 years. I’ve also been volunteering at research labs, have published a paper, and volunteer as a research ambassador at my school. The lawyer said my contribution to improvised communities and the field of science could be used to argue for extreme hardship in these communities if I were to leave. However, Im just one person so I don’t really think my absence would cause hardship for these communities, and I feel like the USCIS would see it the same way. Would any of this actually help with the extreme hardship waiver? I can get affidavits from places I volunteered.

 

If I really can’t file based on my mom’s good faith marriage that ended, would the extreme hardship waiver and applying for DACA (i know my application will be accepted but not processed) be my only options? 

[BaiBlueberry 6]

On 1/29/2023 at 11:30 AM, Pinkrlion said:

You should have asked congressman to get the copies of the missed interview letters.

 

if she can prove they went to the old address and you submitted ar11 to change your address prior to filing 751, you can file a motion to reopen. 

After your comment I did, and the office told me they can’t do that. Then they said they will be closing our case at their office since our i-751 cases have been denied. So, unfortunately i think the initial i-751 is dead and gone. Only option is to refile. 

[BaiBlueberry 6]

On 1/29/2023 at 1:21 PM, Family said:

What is the  EXACT date of LPR for mom ? 
What is the EXACT date of LPR for you ? And how old were you on that date?
What is the date of Divorce ? 
What is the date of separation according to divorce documents? 
What is the exact date of I-751 filing ? 
How old were you on that date? 
 

LPR for mom: July 2016

LPR for me (child): February 2017, age 16

 

We  thought my mom and I would be filing for GC together since I was a minor at the time. We didn’t have the paperwork for our 2-year GC application bc my stepfather never gave it to us, so I requested it from the lawyer. After looking at the paper work, I realized my step father’s lawyer checked the box “my child will not be applying with me” on my moms application. So, my green card application was filed separately. This is why we believe I received my greencard after my mom. I was also given a separate interview date after my mom already had her interview.

 

Divorce Finalized: May 2019

Separation: End of 2018

I-751 Filing for me (child): ~2018, age 17

 

I don’t know the exact date for filing the i-751. Unfortunately I don’t have access to my I-751. Even after requesting it multiple times from my lawyer he never sent it to me. He would jokingly say “what, do you think i didn’t do my job correctly?” and I didn’t wanna offend him since he’s the only lawyer we could find, so i hadn’t pushed it. Since receiving denials for our i-751 cases, he hasn’t returned my phone calls. I called his office and left 7-8 messages. His secretary either tells me he’s not at the office or at the courthouse. 

[BaiBlueberry 6]

On 1/30/2023 at 1:03 PM, mindthegap said:

You are overthinking this, over complicating this, and over stressing. Before you jump down my throat for not understanding, take a look at my signature time/line below and see what I've been/am going through with USCIS, including similar to you.

 

Yes, USCIS are slow and useless. No, they largely don't care.

There may have been an interview notice sent out, there may not. If there was, it may have been tossed in the mail by the former spouse, or it may have disappeared into the USPS hole. You will probably never know. 

Either way, it doesn't matter at this point. 

 

Probably because it was not incorrect application of the law or policy by the service (which would have been grounds for re-opening) and it wasn't new information that was not considered at the time (which would have been grounds for re-consideration), so it did not meet the very narrow criteria for an I-290B. An I-290B should not have been filed in the first place - the 'lawyer' has treated it like an appeal, when it is absolutely not an appeal.

 

 

So,

1) Fire the 'lawyer'. An I-290B should never have been filed in those circumstances and should not be again.

2) Forget about the original I-751. It's done, won't be overturned, and it's history. 

3) File a new I-751 as soon as possible - you will have to pay for this again, and the biometrics again. Include everything evidence wise from the first one - the evidence in the first one will not be referenced during adjudication of the new one, so include it all again. And yes, before you ask, you are legally permitted to file multiple I-751s, so get it done. 

4) Await receipt for filing

5) Make infopass for I-551 stamp. Tell them it is urgent, book a refundable flight if you have to, as proof of imminent travel necessitating a stamp. You are legally entitled to a stamp, so get one. 

6) Await biometrics appointment or waiver letter.

7) Wait.

Thats it. Until an NTA or something else arrives, or another interview arrives, or approval arrives,  you are back in the waiting game. So get on with your life until then. You remain a permanent resident until an immigration judge says otherwise.

 

Hi! Thanks so much for your response. 

 

Didn’t have to fire the lawyer, he ghosted me 🙂 But yes I have prepared my moms case to refile. After doing my research I realized the original submission was… not great. The lawyer hadn’t told us affidavits have to be notarized. Pictures didn’t have descriptions or dates. So, I’ve done all that properly this time and hopefully it’ll work out this time!

[Allaboutwaiting 2,503]

27 minutes ago, BaiBlueberry said:

Hi! Thanks so much for your response. 

 

Didn’t have to fire the lawyer, he ghosted me 🙂 But yes I have prepared my moms case to refile. After doing my research I realized the original submission was… not great. The lawyer hadn’t told us affidavits have to be notarized. Pictures didn’t have descriptions or dates. So, I’ve done all that properly this time and hopefully it’ll work out this time!

Approximately a year ago if I am not mistaken, there was a couple whose removal of conditions was denied after rescheduling their interview and not receiving any notification for the new date.

 

Believe it or not, after several phone calls and an appointment at their local office, they were able to get the case reopened and the interview scheduled. 

 

I know you are way past that as many years have elapsed since the denial, but I think it is important to know that such scenario is feasible. 

 

I'll try to find the thread and if I do, I'll post it.

[Allaboutwaiting 2,503]

Here's the thread I was talking about. It was not ROC but AOS.

In any case, it is possible to reopen a case without filing a motion if the issue was a missing notification. 

 

 

@BaiBlueberry I am truly sorry you went through this and I wish you the best of luck on this new filing. 

 

BTW, maybe you should file a complaint against that lawyer. 

Edited March 21, 2023 by Allaboutwaiting

[BaiBlueberry 6]

16 hours ago, Allaboutwaiting said:

Here's the thread I was talking about. It was not ROC but AOS.

In any case, it is possible to reopen a case without filing a motion if the issue was a missing notification. 

 

 

@BaiBlueberry I am truly sorry you went through this and I wish you the best of luck on this new filing. 

 

BTW, maybe you should file a complaint against that lawyer. 

Thank you so much. It appears they called the office right away. Our lawyer had us file the I-290B. In any case, I think it might be too late to call them to reopen now. Thank you for the idea tho!

[Mike E 11,739]

17 hours ago, BaiBlueberry said:

During this process one of the lawyers told me I can only file under the hardship waiver.

 

On 1/29/2023 at 6:22 AM, BaiBlueberry said:

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.

You should ask your new lawyere if you have path to a 10 year green card based on “ineffective assistance of counsel”.

 

[Allaboutwaiting 2,503]

1 hour ago, BaiBlueberry said:

Thank you so much. It appears they called the office right away. Our lawyer had us file the I-290B. In any case, I think it might be too late to call them to reopen now. Thank you for the idea tho!

You could try getting assistance from the Ombudsman, as that's exactly the kind of case they help with. Maybe they can do something despite the motion and the years that have passed. 

 

You lose nothing contacting them. 

[BaiBlueberry 6]

2 hours ago, Mike E said:

 

You should ask your new lawyere if you have path to a 10 year green card based on “ineffective assistance of counsel”.

 

I'm sorry, is that a real thing or were you joking? Also, they are not our actual lawyer. We could only afford a consultation so that was what they told me during that meeting.

[BaiBlueberry 6]

1 hour ago, Allaboutwaiting said:

You could try getting assistance from the Ombudsman, as that's exactly the kind of case they help with. Maybe they can do something despite the motion and the years that have passed. 

 

You lose nothing contacting them. 

Not that many years have passed. We received our denials in July 2021. Filed for the appeal in August 2022, and received denials of the appeal at the beginning of this year. I will fill out the ombudsman's case assistance form online. Thank u for the suggestion!

[BaiBlueberry 6]

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?