Missed Biometrics appt 1 day, 2 reschedule attempts. Expiring GC on 3/24 and upcoming travel

[AVL1 1]

Applied for I-751 at the start of the window proceeding 90 days prior to expiration of conditional GC in December.

 

Left for international travel in beginning of January right after application for I-751. Arrived back to USA Jan 27th, and found in the mail the I-751 and a biometrics for Jan 26th, day prior.

 

Went to multiple field offices attempting a walk-in during slow periods towards end of day and rejected every time at all of them.

 

Called USCIS number and requested a reschedule and provided reason and uploaded proof that I was out of country entire time and came back 1 day after biometrics was scheduled.

 

30 days passed, and no reschedule.

 

Call again, and requested it again and was told that sometimes they don't review it and don't get to it in the first 30 days but will definitely in the the next 30 days.

 

GC expires on 3/24. I am leaving on 3/7 out of USA until 4/14 as of right now. 

 

Will have neighbor monitor mail and will now monitor online account now that I have this case added to online account.

 

I am assuming that the only correct course of action is that if there is no reschedule notice in the mail by 3/23 in my mailbox, that I need to take a flight on 3/23 back to USA since if I return back after that I could be in a precarious situation due to the possibility that the "case abandoned due to no biometrics appt fulfilled" at any time and no PR status after 3/24.

 

Correct understanding?

 

What a headache over 1 day missed biometrics, but stupid me for not thinking to have neighbor watch mail for USCIS while I was gone in January. Didn't except it so fast.

[OldUser 6,633]

Unless it's an urgent trip that cannot be rescheduled, I wouldn't leave until I-751 is back on track. The risk of getting a denial for entire case is there.

Edited March 6 by OldUser

[AVL1 1]

Thoughts on going around this problem by filing another I-751 now and paying the fee again?

 

[jackiegringa 419]

13 hours ago, AVL1 said:

GC expires on 3/24.

You should have a 4 year extension on this GC based on your I-751 application. If I would travel internationally while trying to straighten things out with USCIS is a different issue.

[mam521 2,062]

This might sound harsh, but it sounds like you need to take a step back and remember that immigration is a privilege, not a right.  USCIS expects that CPR's are in the US and will abide by the T&C of the visa which they were granted. The ROC filing window is well known when you receive 2 year conditional residency. This is a big deal and it's probably best to shelf any travel unless it's absolutely necessary until you have this sorted out. 

 

Yes, people travel, but you were out of country during an important part of your immigration journey and plan to be absent yet again for a long period of time.  Biometrics is but one part of the process, but missing biometrics can be considered grounds enough for an incomplete application and lead to USCIS filing for immediate removal and you having to appear before an immigration judge.  When issued a NTA for removal proceedings, the burden of proof for why you weren't able to complete the required tasks for your petition to remove your conditions falls on you.  Because you didn't expect biometrics to be issued so quickly isn't going to serve as a strong enough argument.