I751 Denied but valid infostamp stamping

[mindthegap 2,590]

10 minutes ago, paco5 said:

@mindthegap thank you for your detailed response, do you think the CBP knows my i751 got denied ? Will they ask to surrender my GC ? I will not disclose this letter to them and just show the stamping and your response gives me hope to fly this Sunday and I have kept all my bank accounts and paying my credit cards.

 

Yes. When entering with a stamp, you get photographed & fingerprinted as normal, then taken to secondary (you have second priority there, behind US citizens/diplomates/children - every type has a different colour coded folder), where they verify your status as LPR. When they do they will know you have been denied but that you have not been issued a final order of removal (which terminates your LPR status). 

In my case, my stamps have 'TC-1' annotated, so they immediately know it's a denial/refile before they even run it.

 

They will probably ask if you have received an NTA (you have not), and then should stamp you in as LPR/ARC as usual, as you remain a LPR until an immigration judge issues a final order of removal (at which point you are no longer a permanent resident - but until then you are). 

They may stamp you in a a parolee simply because of the denial and without a refile. 

 

Either way you will be in the US and can sort it out then. 

 

Note: because you have been out more than six months, I would carry as much documentation as possible showing ties to the US, such as the property you own (that you rent it out doesn't matter), phone bill,  your current mailing address, bank account, credit cards, current/recent divorce paperwork, whatever, and perhaps evidence of your mothers health issue requiring an extended stay out.

This is good evidence of maintaining ties to the US.

Edited May 1 by mindthegap

[Family 3,988]

Link to a wealth of legalese vocabulary to support the statutory provisions of a conditional resident’s right to review of denial in court. 
This particular case , also quotes the “legal limbo” of a having a denial without an NTA. 
 

https://www.justice.gov/d9/2023-12/4069_0.pdf

[paco5 3]

On 5/1/2024 at 9:49 PM, mindthegap said:

 

Yes. When entering with a stamp, you get photographed & fingerprinted as normal, then taken to secondary (you have second priority there, behind US citizens/diplomates/children - every type has a different colour coded folder), where they verify your status as LPR. When they do they will know you have been denied but that you have not been issued a final order of removal (which terminates your LPR status). 

In my case, my stamps have 'TC-1' annotated, so they immediately know it's a denial/refile before they even run it.

 

They will probably ask if you have received an NTA (you have not), and then should stamp you in as LPR/ARC as usual, as you remain a LPR until an immigration judge issues a final order of removal (at which point you are no longer a permanent resident - but until then you are). 

They may stamp you in a a parolee simply because of the denial and without a refile. 

 

Either way you will be in the US and can sort it out then. 

 

Note: because you have been out more than six months, I would carry as much documentation as possible showing ties to the US, such as the property you own (that you rent it out doesn't matter), phone bill,  your current mailing address, bank account, credit cards, current/recent divorce paperwork, whatever, and perhaps evidence of your mothers health issue requiring an extended stay out.

This is good evidence of maintaining ties to the US.

@mindthegap  based on yours and @Family input i decided to apply290B , i filled up the form, personal letter along with the paperwork that shows my ties to US and my mom's surgery and medical reports, my friend ll mail it on Monday and I changed my flight as I'm thinking to fly after 3-4 weeks with the receipt notice.

 

i will keep you posted and its hard because I can't talk about this to anyone but the group and yall are being very helpful in such a short notice.

Edited May 4 by paco5

[mindthegap 2,590]

11 hours ago, paco5 said:

@mindthegap  based on yours and @Family input i decided to apply290B , i filled up the form, personal letter along with the paperwork that shows my ties to US and my mom's surgery and medical reports, my friend ll mail it on Monday and I changed my flight as I'm thinking to fly after 3-4 weeks with the receipt notice.

 

i will keep you posted and its hard because I can't talk about this to anyone but the group and yall are being very helpful in such a short notice.

 

Your decison, but a mistake in my view, and one that will have an NTA winging its way to you sooner rather than later and the same rubbish to deal with down the road. 

An I-290B doesn't alter you status (as you currently remain a LPR and can enter the US one way or another as your stamp is still valid), and you still have the issue of presumed abandonment (by the officers at your POE, nothing to do with USCIS) to deal with upon your return, which gets worse every day you are out of the US.

Filing an I-290B does not get rid of that issue in any way, and the I290B has such a (deliberately) narrow scope of application you are fighting an uphill battle with that. 

 

Remember that you have only two narrow options with an I-290B, and that that in both cases, the I-290B is sent back to and adjudicated by the same officer that denied it in the first place! They are marking their own homework!

Motion to reconsider: "A motion to reconsider must demonstrate that the decision was based on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the case record at the time of the decision. The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of USCIS policy. For the motion to reconsider, a brief must be attached and the motion must be filed within 30 days of the denial decision."

Motion to reopen: "A motion to reopen must state new facts and be supported by documentary evidence demonstrating eligibility for the requested immigration benefit at the time you filed the application or petition.  For the motion to reopen, a brief and/or additional evidence must be attached and filed within 30 days of the denial decision."

 

Can you fulfill either of those criteria in a way that will get it overturned? In my opinion they will deny it based on the fact that you have indeed been out of the US for a period exceeding six months - without a re-entry permit - and are therefore presumed to have abandoned your residency. They will simply cite the statute relating to that (probably from HERE or HERE.  It doesn't matter what the actual law says, or that this has no relevance to the adjudication of an I-751 and is entirely separate from it - these clowns make it up as they go, and routinely ignore the law, preferring to simply deny and kick it down the road to a judge, or hope that the applicant gives up the fight and leaves the US for good. 

Have you seen my signature here, with the rubbish I have been through? I'm not making this stuff up. 

 

From my own experience, I feel you would be better served returning as scheduled as soon as possible, and immediately filing a new I-751 upon your return , as that is probably what you are going to have to do eventually anyway when your I-290 gets denied. 

 

Other opinions are available, but that is mine.

 

 

Edited May 4 by mindthegap

[Family 3,988]

11 hours ago, paco5 said:

@mindthegap  based on yours and @Family input i decided to apply290B , i filled up the form, personal letter along with the paperwork that shows my ties to US and my mom's surgery and medical reports, my friend ll mail it on Monday and I changed my flight as I'm thinking to fly after 3-4 weeks with the receipt notice.

 

i will keep you posted and its hard because I can't talk about this to anyone but the group and yall are being very helpful in such a short notice.

Make sure to mark both motion to re open and motion to reconsider on the I-290 B 

Time your return to immediately upon  getting receipt notice of I-290 B , 

 

Update your post with any news , everyone is cheering for you.

 

First hurdle will be to board , then cool /calm zen with high pressure CBP encounter , 

 

[gratitudedaily 0]

On 5/1/2024 at 8:56 AM, Family said:

What country are you in ? 
Can you fly to Canada or Mexico and then attempt crossing / walking into US at a land POE ?

 

Is there any reason to think you ex spouse flagged your case for fraud ? 
 

i thought about flying to canada and drive back at a land POE.  

I have done that before with a i551 stamp but at that time my case has not be denied. Is there any reason to suggest this ? is that because it is easier to pass a land POE instead of flying in from an airport ?