I751 denied

[Koke Sisman 1]

Hi,

 

Last Friday I received a denial letter from the USCIS on my I751 application. Notice to appear not arrived but in the letter says that I can defend my self in removal proceedings.

 

If I would refile before I got a notice to appear, how soon will I be able to travel outside of the US and what would I need for it? Advance Parole or Stamp? I still have the a travel stamp valid till Jan 2025 from the denied case. Will the refiled I751 attached to the previous one so my stamp is valid? Or do I have to get another stamp and how long does that usually take?

 

Also can I apply for a E1/E2 or B1/B2 visa if my refile got denied as well?

 

Thanks!!

 

[OldUser 6,645]

I would never advice travelling until you sort out your immigration status.

 

The likelihood of getting E1/E2 or B1/B2 after losing LPR status is very small.

 

What was the basis for denial?

[Sweetdreaming 397]

Did you apply by yourself? Probably time to hire a good immigration lawyer. 

[Boiler 45,486]

There is no issue leaving, if you want to get back that is another matter and any non immigrant visa seems unlikely. Maybe at least look at a dual intent.

[carmel34 3,626]

7 hours ago, Koke Sisman said:

Hi,

 

Last Friday I received a denial letter from the USCIS on my I751 application. Notice to appear not arrived but in the letter says that I can defend my self in removal proceedings.

 

If I would refile before I got a notice to appear, how soon will I be able to travel outside of the US and what would I need for it? Advance Parole or Stamp? I still have the a travel stamp valid till Jan 2025 from the denied case. Will the refiled I751 attached to the previous one so my stamp is valid? Or do I have to get another stamp and how long does that usually take?

 

Also can I apply for a E1/E2 or B1/B2 visa if my refile got denied as well?

 

Thanks!!

 

Do you know or suspect the reason(s) for the I-751 denial?  Refiling a new I-751 will likely be denied also unless you fix the problems with the first one.  Same goes for NTA.  An immigration judge will look at all the evidence, so either way you need to be very thorough.  If you get an NTA and go to court, an experienced attorney is strongly recommended.

[Koke Sisman 1]

I applied with an attorney it’s been denied. I’m looking to buy some time. I will definitely re apply but I’m just curious how I could travel again and how long it would take to get travel stamp or document 

[Crazy Cat 41,845]

9 minutes ago, Koke Sisman said:

I applied with an attorney it’s been denied. I’m looking to buy some time. I will definitely re apply but I’m just curious how I could travel again and how long it would take to get travel stamp or document 

Why was it denied?  I bet Hacking would advise you to avoid travel.

Edited February 19 by Crazy Cat

[Dashinka 24,493]

8 minutes ago, Koke Sisman said:

I applied with an attorney it’s been denied. I’m looking to buy some time. I will definitely re apply but I’m just curious how I could travel again and how long it would take to get travel stamp or document 

This is the way to get an ADIT stamp.

 

Good Luck!

 

https://www.uscis.gov/newsroom/alerts/uscis-announces-additional-mail-delivery-process-for-receiving-adit-stamp

[OldUser 6,645]

17 minutes ago, Koke Sisman said:

I applied with an attorney it’s been denied. I’m looking to buy some time. I will definitely re apply but I’m just curious how I could travel again and how long it would take to get travel stamp or document 

- What do you mean by buying time?

- Once again, what was the reason for denial? Alleged fraud? Something else?

- Why is the travel important right now, why not focus on immigration status you're losing?

 

Tell us more and we can help. Tell us less and we can't help, because vague descriptions don't allow us to establish a fact pattern.

 

Edited February 19 by OldUser

[mindthegap 2,590]

More info needed. Why exactly was it denied? Joint filing, or waiver filing? Did you have an interview? Did you gave an RFE? Were there any accusations? Or was simply it for lack of evidence? Help us to help you.

 

Regardless, you have legal rights, and remain a permanent resident. Yes, you can refile, and yes you can travel once you have (see my extensive signature as proof, i have filed several of the things to date).

Right now, from the date of denial, it will be on a 45 day hold, so would suggest you get it refiled within 45 days to minimise the potential for an NTA heading your way quickly. 

 

 

Once you refile, it is much the same as before: they will cash your cheque or charge your card within a couple of days of it arriving. You will receive email/text notification the day after that. You will receive your biometrics appointment/waiver after a week or two, and your new extension letter/receipt will arrive in the mail in a similar sort of timeframe.

 

Your new extension letter is valid for four years from the date of expiry of your card (not from the issue date of the letter), so if you card expired less than four years ago (you don't have a timeline as your sig so I have no idea when you filed), you are good to travel immediately, as long as you return within that validity.

If not, then you need to make an infopass for an I-551 stamp, which will be annotated TC-1 (so agents will know it is a refile), and you will require a short visit to secondary every time you re-enter the US to verify your status.

You will be stamped in as LPR or ARC - both are admitted as permanent resident, and not paroled. 

I would not recommend travelling using the existing stamp you have, as it will have the old receipt number notation on it (although note that I have been told by numerous USCIS people I would be ok to do so), so in my mind - and exactly what I have done each time - it is far better to get a fresh stamp, with the new receipt number annotation for any avoidance of doubt. 

 

If you do nothing, an NTA might eventually appear, probably in a few years.

Legally, you are also entitled to a stamp during this entire period even without a refile, as clarified in case law.  However, if you do travel without a refile, you run the risk that you may be paroled back in rather than admitted as a LPR. Info on the actualities and real world examples are very, very thin, and also legally conflicting in multiple places so my advice is just to not do that, by refiling.  

Regardless of admitted or paroled in, you would be in the county, as you are entitled to a hearing with an immigration judge, and you remain a permanent resident until an immigration judge says otherwise with a final order of removal. 

 

 

 

 

 

 

 

Edited February 19 by mindthegap

[Koke Sisman 1]

First of all I really appreciate the will to help! Here more details

 

After I filed for I751 in 2019, I received an RFE. I submitted them and then a long period of waiting has started. During COVID we got apart we filed for divorce. My attorney filed a waiver. Then I received an interview and I went to the interview with my attorney 2 months ago. The interview went great, but I am shocked with the denial letter from last Friday, but no NTA in it. The reason is that they think it's not bona fide marriage. I know that I can defend myself on the immigration court but I need to travel in the meanwhile due to my health condition. I got a spine surgery 2 years ago in Turkey and also have a blood cloth in my leg. For these reasons I have to a few times in a year to Turkey to see my doctors and I will need another surgery by latest November this year. I also have a setup business back in Europe which I need to manage

 

- I am traveling since 3 years with a passport stamp and was waiting for my 10 years. I think now my current stamp expiring Jan 2025  is invalid unless I refile for I751? Or will I need to obtain a new stamp or advance parole or an emergency travel document because I need a surgery. 

- It doesn't bother me not to be able to live in the US anymore but I still have my ongoing business and my life here. As long as I can re enter the country even with a tourist visa I would be fine.

- I honestly think that the immigration court won't approve me because I don't have more evidence then I have submitted. And I don't want to be deported. Rather than that I would leave the country before I get a deportation in my records. 

- I will setup my new life back in Europe, but I would need maybe a year or two to make the transition, shutting down the US part of my business step by step. It all takes time and I will need to go back and forth to Europe to do all these. I am also ready to obtain a E1/E2 visa but you guys said its very unlikely to get approved for these under these circumstances

 

Appreciate your helps!

 

 

 

[Crazy Cat 41,845]

Good luck with your immigration case.  Be careful with that blood clot issue.  I'm not sure traveling is a good health decision. Good luck.

[Koke Sisman 1]

3 minutes ago, Crazy Cat said:

Good luck with your immigration case.  Be careful with that blood clot issue.  I'm not sure traveling is a good health decision. Good luck.

Thanks a lot. I got blood thinners everything is under control but soon I need a surgery back in Turkey

[mindthegap 2,590]

22 minutes ago, Koke Sisman said:

 

- I am traveling since 3 years with a passport stamp and was waiting for my 10 years. I think now my current stamp expiring Jan 2025  is invalid unless I refile for I751? Or will I need to obtain a new stamp or advance parole or an emergency travel document because I need a surgery. 

 

See my post above. If it is urgent, then file ASAP, then request an emergency stamp appointment as soon as you have the receipt number (even if you don't have the physical receipt).

 

23 minutes ago, Koke Sisman said:

- It doesn't bother me not to be able to live in the US anymore but I still have my ongoing business and my life here. As long as I can re enter the country even with a tourist visa I would be fine.

 

See above.

A tourist visa is NOT an option for you, as you are a permanent resident. If you relinquish your permanent resident status (either by filing an I-407, or with a final order of removal by an immigration judge) you would not be approved for a B-2 or B-1. 

 

25 minutes ago, Koke Sisman said:

- I honestly think that the immigration court won't approve me because I don't have more evidence then I have submitted. And I don't want to be deported. Rather than that I would leave the country before I get a deportation in my records. 

 

In immigration court the burden of proof switches.

Currently you are in the I-751 process where you have to prove your marriage was legit, but in court it switches to USCIS to prove - 'by clear and convincing evidence' - that your marriage was entered into for the purposes of evading immigration law. That is quite a bar for them to clear. 

That is a LONG way away, if ever. Just concentrate on now. 

 

27 minutes ago, Koke Sisman said:

- I will setup my new life back in Europe, but I would need maybe a year or two to make the transition, shutting down the US part of my business step by step. It all takes time and I will need to go back and forth to Europe to do all these. I am also ready to obtain a E1/E2 visa but you guys said its very unlikely to get approved for these under these circumstances

 

Don't rush into anything. This is a long, slow process, and you have absolute rights under law as a LPR. This stuff is a long way away. Just focus on now, and get that refile in so you can travel without worry for now. 

 

Trust me man, I'm going through the same hell (seriously, look at my profile signature).

[Koke Sisman 1]

@mindthegap Thank you! You are really inspiring me to fight this. I also wish you best luck! Today I am gonna meet my attorney first time after the denial. I am also open to other attorney suggestions. I heard about Hacking Immigration Law Group. Do you have a good attorney who knows how to defend me instead of just doing paperwork!

 

Im gonna refile and apply for an emergency travel document. Hopefully that arrives on time so I can take care of my health and business!

 

I am not entitled to get a b1 b2 now but I was thinking if I leave the country on my own without deportation, later on I can apply for a tourist visa once my permanent residency is final and ended.