Divorce waiver - I-751 denied, will see lawyer in a week. (split)

[Rosa Garcia 59]

Also another question for everybody :

do you guys know anybody who had NTA and was detained/lost his job?

 

If I go on vacation abroad can CBP detain me if I do not have a stamp/or even if I do as they will see that my status was terminated?

 

I'm afraid USCIS will give me an appointment for a stamp in one month and in a meantime I have nothing to show to prove me legal presence...

 

I am also afraid even if I file I-751, USCIS will refuse me the stamp and make me wait for a receipt for 2 or 3 months..

 

 

 

[Lemonslice 4,923]

3 hours ago, Rosa Garcia said:

Also another question for everybody :

do you guys know anybody who had NTA and was detained/lost his job?

 

If I go on vacation abroad can CBP detain me if I do not have a stamp/or even if I do as they will see that my status was terminated?

 

I'm afraid USCIS will give me an appointment for a stamp in one month and in a meantime I have nothing to show to prove me legal presence...

 

I am also afraid even if I file I-751, USCIS will refuse me the stamp and make me wait for a receipt for 2 or 3 months..

 

 

 

Please read the answers that were provided already. 

Why would you lose your job? How?

@mindthegaphas provided a lot of details on when/how to travel, and to request a stamp. Why would USCIS refuse to provide a stamp?  Be careful that your anxiety isn't taking over. 

 

Your lawyer doesn't sound competent, nor useful.  Who tells clients they're illegal?  She's so, so, wrong, in her content, and format.  Please consider finding someone who won't disrespect you, and advise you to take steps that will worsen your situation.  She sounds awful.

[OldUser 7,030]

6 hours ago, Rosa Garcia said:

Thank you! The lawyer just suck more and more money from me. When discussing denial I caught her on not knowing about I-290B and she also did not present me other options to take since the denial. She just told me I have to go back to my country because I'm illegal now. 

Is that lawyer listed on the website I provided? Either she's not a lawyer or she's a very bad one. It would be ambitious to think a person in your situation can handle I-751 and potential removal proceedings on their own. Go see other lawyers, until you find a good, sympathetic and professional one.

 

Did USCIS accuse you of fraud or misrepresentation in denial?

 

 

Edited March 11, 2023 by OldUser

[A110 96]

6 hours ago, Rosa Garcia said:

Also another question for everybody :

do you guys know anybody who had NTA and was detained/lost his job?

 

If I go on vacation abroad can CBP detain me if I do not have a stamp/or even if I do as they will see that my status was terminated?

 

I'm afraid USCIS will give me an appointment for a stamp in one month and in a meantime I have nothing to show to prove me legal presence...

 

I am also afraid even if I file I-751, USCIS will refuse me the stamp and make me wait for a receipt for 2 or 3 months..

 

 

 

Wake up. This denial and dealing with is far more important than your vacation. If that is how you want to prioritize your life be my guest , but don't expect any other results if your biggest concern right now is going on a vacation abroad.

[Family 4,068]

Am a bit confused…did you have an I-751 w divorce waiver pending AND you file an I-360 VAWA in 2019 , as per your previous post? 
 

 

 

[Family 4,068]

On 3/9/2023 at 9:26 AM, mindthegap said:

An I-290B is unlikely to do much other than waste money. It heeds you to file a new I-751 as soon as possible while it is in the 'hold' period (30 or 45 days). If you file quickly, it may avoid an NTA later down the line. 

Overall I-290 B is a waste …BUT in this case perhaps worth just as a strategic block to NTA as OP deals with finding a skilled attorney and putting together a strong new I-751..that also addresses the fraud findings/ allegations.

 

Am guessing here, but perhaps OP filed the I-751 in 2019 claiming abuse , but her attorney allowed her to file it without any evidence of such ..as per previous post.

 

 

[Allaboutwaiting 2,503]

5 minutes ago, Family said:

Overall I-290 B is a waste …BUT in this case perhaps worth just as a strategic block to NTA as OP deals with finding a skilled attorney and putting together a strong new I-751..that also addresses the fraud findings/ allegations.

 

Am guessing here, but perhaps OP filed the I-751 in 2019 claiming abuse , but her attorney allowed her to file it without any evidence of such ..as per previous post.

 

 

VAWA petitions are just for people adjusting status not removing conditions. 

[Family 4,068]

9 minutes ago, Allaboutwaiting said:

VAWA petitions are just for people adjusting status not removing conditions. 

Yes. ..which is the confusing bit on OPs prior posting saying she filed “ I-360 in 2019” and this post claiming I-751 divorce waiver denied. Hopefully she responds 

 

But I-751 can be filed under VAWA, by marking abuse.

Edited March 11, 2023 by Family

[OldUser 7,030]

@Family @Allaboutwaiting I pointed this inconsistency out in WAVA thread.

It looks like the OP is confused and needs either this community help or professional legal assistance from a good lawyer.

[Crazy Cat 41,985]

11 minutes ago, Allaboutwaiting said:

VAWA petitions are just for people adjusting status not removing conditions. 

Form I-751, Petition to Remove Conditions on Residence (uscis.gov)

 

 

Edited March 11, 2023 by Crazy Cat

[Allaboutwaiting 2,503]

1 minute ago, Crazy Cat said:

Form I-751, Petition to Remove Conditions on Residence (uscis.gov)

 

She filed an I-360 to adjust status. That's what we are talking about. 

[Family 4,068]

1 minute ago, OldUser said:

pointed this inconsistency out in WAVA thread.

It looks like the OP is confused and needs either this community help or professional legal assistance from a good lawyer

I missed that comment of yours, perhaps you can link it…to  will help OP ( and others engaging ) all reactions in one place

[Allaboutwaiting 2,503]

5 minutes ago, Family said:

Yes. ..which is the confusing bit on OPs prior posting saying she filed “ I-360 in 2019” and this post claiming I-751 divorce waiver denied. Hopefully she responds 

 

But I-751 can be filed under VAWA, by marking abuse.

 

3 minutes ago, OldUser said:

@Family @Allaboutwaiting I pointed this inconsistency out in WAVA thread.

It looks like the OP is confused and needs either this community help or professional legal assistance from a good lawyer.

It seems she self petitioned when adjusting status, was approved and obtained a conditional GC and her removal of conditions with divorce waiver was denied. 

[Family 4,068]

 

3 minutes ago, Allaboutwaiting said:

It seems she self petitioned when adjusting status, was approved and obtained a conditional GC and her removal of conditions with divorce waiver was denied. 

No. Self petition VAWA s get a 10 year from the get go, no conditions to remove 

Edited March 11, 2023 by Family

[Allaboutwaiting 2,503]

13 minutes ago, Family said:

No. Self petition VAWA s get a 10 year from the get go, no conditions to remove 

Then she messed up everything? Her lawyer? 

From her own posts her VAWA was never approved. So she didn't even have a GC to remove conditions from to begin with?

Edited March 11, 2023 by Allaboutwaiting