I751 I don’t know what to do (merged)

[beloved_dingo 1,979]

If I were in your shoes, I wouldn't poke the bear by applying for citizenship.

 

This thread is old, but is still relevant and details one of the potential outcomes of filing N-400: 

 

Lawyers are human and give bad advice all the time. We see the evidence here regularly. 

[millefleur 5,047]

**Duplicate threads merged.**

 

VJ Moderation

[WaterLeaf 201]

29 minutes ago, Cathi said:

Why even bother asking if you're only going to argue?

I don't think this is the right question.

OP could be confused and not understanding because we have said x case, y case, and repeat but no returned message of the said case that went unanswered. & he may not get it, it take a different explanation sometimes.

He is free to do what he wish at his own risk if he want to go that route and find out how it goes and come back here. Or he can decide not to later on.

Since it seemed like he was he was saying he checked with a few lawyers (Unless I misread that and it could've been 1 or 2 lawyers) it is showing in his favor and not the one we mentioned. Lawyers are the risky part of immigration due to lack of proper knowledge and it is huge - there are many case and info of people saying lawyers said this and that and it's not the correct info here. They are good to try to convince their client either their client win or lose. It is up to OP to be aware once something wrong had happened per lawyer fault, he is having to deal with that consequences and I hope he realize this.

OP, there had been some lawyers that convinced their client things are right but there had been mistake happened before and it made client have major accident such as 5 year ban from the USA and such. Please be careful. - I'm not a lawyer, but I'm the petitioner and filed for my Husband. Doing research and coming here does help a ton! You're to decide what you want to do. Unless the people on the forum tells you to get a real lawyer to correct something that is outside of our help.

Hope this helps with the decision. Take care.

[WaterLeaf 201]

OP, you probably didn't remember this but I'd like to invite you to check this over from the instruction mentioned on USCIS I-751 Website and show you where it mentioned it.



https://www.uscis.gov/i-751

 

Scroll down to Checklist of Required Initial Evidence. There you'll see it mention If you are filing a waiver because of divorce, you could be including that in awhile ago.

*Let me take a step back and look over the instruction on I-751 here -> https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

I know this can be confusing and tricky, but anytime there are a change you should report it. It is also helpful that it is happened to be a post about it from top of this page by @beloved_dingo that the person (in the post) who've submitted the I-751 and didn't update afterward is going through rocky road. I hope I pointed it out where the missing piece of puzzle is at, if not let us know so we can improve better to explain what happens.

Do check out what @OldUser mentioned as well. Maybe you may get something to catch on.

Edited July 27, 2023 by WaterLeaf

[PaulaCJohnny 713]

13 hours ago, Daniel Castillo said:

Thank you!

I am having a meeting with a new and more knowledgeable lawyer. He said I will be totally fine and I shouldn’t be worry about anything 

Is this lawyer an Immigration lawyer? 
That he thinks that you will be fine does not mean or guarantee you that USCIS will think the same. 
 

The rule are clear and in your case your I-751 was approved by a information that was not true at the time, and you knew.

 

This can create a lot of problems for you. 
 

Now, if you prefer to believe any lawyer instead of the immigration rules, is in you.

 

As @OldUser said, ask him to guarantee you and show successful cases like yours that he worked before because in my own experience, some lawyer say whatever the client wants to hear just to get the money because in the end is your life that will be affect, not his.

 

Be honest is always the best way, nos just on immigration!!

 

Good luck 

[carmel34 3,646]

The safest option, if OP wants to eventually file an N-400, would be to file a new I-751, with a divorce waiver (including the divorce decree), and a letter fully explaining the circumstances and reasons for filing again, written by a very experienced immigration lawyer.  Coming clean to USCIS with a full, honest disclosure of what happened, usually works best.  Yes, there is a risk that USCIS could deny the new I-751 for misrepresentation, but a proactive confession, and taking steps to correct the error, might work.  Option 2 would be to remain an LPR and never file an N-400.  The third option, with the biggest risk of backfiring, is to go ahead and file an N-400 with a wrongly approved I-751 on file.

Edited July 27, 2023 by carmel34

[TBoneTX 45,663]

An overly confrontational post has been removed.  Please temper the tendency to assault people who are under stress and post in this forum.

[Allaboutwaiting 2,503]

23 minutes ago, carmel34 said:

The safest option, if OP wants to eventually file an N-400, would be to file a new I-751, with a divorce waiver (including the divorce decree), and a letter fully explaining the circumstances and reasons for filing again, written by a very experienced immigration lawyer.  Coming clean to USCIS with a full, honest disclosure of what happened, usually works best.  Yes, there is a risk that USCIS could deny the new I-751 for misrepresentation, but a proactive confession, and taking steps to correct the error, might work.  Option 2 would be to remain an LPR and never file an N-400.  The third option, with the biggest risk of backfiring, is to go ahead and file an N-400 with a wrongly approved I-751 on file.

If USCIS is informed timely -meaning before they find out- there is no misrepresentation.

 

I've never seen a case of someone basically requesting for the "status" to be revoked to straighten things up.

 

Maybe he could file I-751 and N-400 concurrently including a letter explaining the "mistake". He would get a combo interview where he can elaborate on what exactly happened.

[Mobius2 48]

I can confidently say that I have a great deal of knowledge in this area. I'll put your timeline below and explain where, unfortunately, you went wrong. Everything is fine until the RED lines.

 

Assuming the dates are correct and your ROC was approved on a Joint basis.

 

Married = 2017
Conditional GC = Nov 2018
Joint ROC applied = Sept 2020
Ex applied for Divorce = Nov 2021
Divorce Finalized = March 2022    <-- At this point, the applicant should have converted into a waiver (informed USCIS). It's the applicant's duty to inform USCIS.
Joint ROC approved = June 2022  <-- This is a misrepresentation, meaning it's approved in error due to a lack of information. It's not USCIS's fault.

 

 

You have two options here:

1) Risky: Reapply a divorce based I-751 and explain how you were misled by a lawyer (if any - with proof). They may or may not entertain it and either grant your request or issue a NOIR. You *might* be able to fight this in an immigration/deportation hearing. Suffice to say, doing any of this without a lawyer is going to be a very bad idea.

 

2) Safe: I am the last person to give another member such discouraging news but don't apply for Citizenship. Instead, renew your GC.

 

It is unfortunate that this tricky time and situation needs to be evaluated and guidance CLEARLY issued by USCIS but like everything else they are always 50 years behind.

[Pinkrlion 2,724]

On 7/27/2023 at 1:56 AM, Daniel Castillo said:

Hello everyone, I need some help. Has anyone been in the same situation?

 

PLEASE READ CAREFULLY AND PAY ATTENTION TO THE DATES

I got married in 2017 and got my conditional green card in November 2018. Everything was going great in my marriage until November 2021. However, I applied for removal of conditions in September 2020. The case approve in June 1st of 2022. But, my ex husband applied for divorced in November 2021 and we got the divorce decree (finalized case in March 2022). By the time I went two lawyers and both told me to wait and see if they sent me to an interview to explain everything or just wait to get approved as it was going to probably get approved soon.
Now, I want to apply for citizenship and I am a little scared as did not have the interview for removal of conditions and never told emigration I got divorce.
Has anyone been in this situation?
I talked with my lawyer today and told me it will be okay as the timelines are very close and they never invited me to the interview so basically is their fault. However, she mentioned that in worse case scenario I can be accused of fraud and be deported. So, I got anxious and that's why I am posting here.

you will not be approved for Citizenahip and they can send Notice of Indent to Revoke ROC.