I751 Denied but valid infostamp stamping

[discoverusa 267]

Why would you leave US for so long while your application is pending? I wouldn't leave again until getting unrestricted LPR card. 

[Family 3,988]

8 hours ago, paco5 said:

Hi @mindthegap thank you for your response,are you saying you did entered back to US with the valid stamping and the denied i751 but you applied a new i751 before you enter ? I attached my denied i751 for your reference, thanks to everyone who is responding.

Well, that’s a first . 
Definitely try getting the I-290 B filed before the 33 days are up…no matter what happens and a new I-751 based on hardship to self. 
Do you still have an apartment/car / job in the US ? 

[Family 3,988]

8 hours ago, paco5 said:

Hi @Family I'm trying to prepare i290 B in the 30 day window but not sure if I can do it before this sunday, either i have to change my flight date or travel on sunday, thank you. 

 

Print out the I-290 B , sign and scan it to a US friend to mail out . Mark both Motion to Reopen and Motion to Reconsider.
 

Is the  US ‘ address’  a place you have lived in ?  , payed rent and have kept your earthly possessions. ..
 

 

[paco5 3]

3 hours ago, Dashinka said:

Honestly, I would just do a new I751 filing then going the I290B route (others may know better).  If you still have a valid address in the US and have filed 2023 taxes before April 15, you can add that as evidence of maintaining your LPR status.  I agree with @mindthegap, it is rare that an I751 is deemed abandoned with less than a year outside the US.  I would consult a lawyer when you get back.  Maybe try getting on Hacking.

 

Good Luck!

 

50 minutes ago, discoverusa said:

Why would you leave US for so long while your application is pending? I wouldn't leave again until getting unrestricted LPR card. 

It's a long story , I got  depression while going through divorce i couldn't handle it and then let go from my job last, my parents are getting are old and my mom needed an eye surgery so I thought of coming here and be with them until my divorce gets over( I appear remotely for the divorce trial) 

[paco5 3]

8 minutes ago, Family said:

Print out the I-290 B , sign and scan it to a US friend to mail out . Mark both Motion to Reopen and Motion to Reconsider.
 

Is the  US ‘ address’  a place you have lived in ?  , payed rent and have kept your earthly possessions. ..
 

 

Yes i did and i rented a room in house and the guy keeps my stuff and I still get all my mails and now my plan is to go back to his place.

[paco5 3]

39 minutes ago, Family said:

Well, that’s a first . 
Definitely try getting the I-290 B filed before the 33 days are up…no matter what happens and a new I-751 based on hardship to self. 
Do you still have an apartment/car / job in the US ? 

@Family I sold my car since I needed money and I have a place to live when I get back and I also own a house in US but that's in a different state and I gave it for rent.

[Family 3,988]

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 ? 
 

[paco5 3]

4 minutes ago, 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 ? 
 

@FamilyI'm in india and i still keep my US number, I think I could fly to Canada and use the land ro enter ba k to US since i want to go to Oregon,

I had a strong feeling she might have called or did something but I didn't know you can flag it until now, we had a Lot of issues in the marriage we both went to therapy and counseling for 18 months but marriage wasn't working.

[Family 3,988]

28 minutes ago, paco5 said:

@FamilyI'm in india and i still keep my US number, I think I could fly to Canada and use the land ro enter ba k to US since i want to go to Oregon,

I had a strong feeling she might have called or did something but I didn't know you can flag it until now, we had a Lot of issues in the marriage we both went to therapy and counseling for 18 months but marriage wasn't working.

Then absolutely fly there and  “walk” in. Be prepared for detention and stay on your talking points : trip was due to mom s surgery, you have strong ties to US and maintained your residence . ..and are asking to be paroled to attend removal before an immigration judge. 
 

Do not get drawn into marriage specifics with CBP. 

‘You can assume however, that USCIS did a fraud investigation and will need to prepare to defend the bonafides of marriage…later. Focus all your efforts at getting back in

‘Do the I-290 B if possible now…and carry a copy with you, as well as evidence of moms surgery .
 

Edited May 1 by Family

[Crazy Cat 41,850]

9 minutes ago, Family said:

Do the I-290 B if possible now

Honest question: What does an I-290B accomplish in this particular case? Won't USCIS issue an NTA anyway?

Edited May 1 by Crazy Cat

[Family 3,988]

10 minutes ago, Crazy Cat said:

Honest question: What does an I-290B accomplish in this particular case? Won't USCIS issue an NTA anyway?

It neutralizes the denial and restores I-751 until a new decision. 

[Crazy Cat 41,850]

25 minutes ago, Family said:

It neutralizes the denial and restores I-751 until a new decision. 

These attorneys don't think so.  I figured an NTA would be inevitable anyway.....but I am neither an attorney nor an expert.

 

Why did I get NTA even after filing motion to re-open(I-290b) for my I-751 denial. - Legal Answers (avvo.com)

Edited May 1 by Crazy Cat

[Family 3,988]

3 minutes ago, Crazy Cat said:

These attorneys don't think so.

 

Why did I get NTA even after filing motion to re-open(I-290b) for my I-751 denial. - Legal Answers (avvo.com)

When USCIS wants to kick the can down the road ( to EOIR) they do without constraint . Exhausting all administrative appeals is a positive in proving no abandonment and a powerful tool to get him out of detention, if CBP won’t parole him in.

In OPs case getting NTA sooner than later is a good thing .

[mindthegap 2,590]

11 hours ago, paco5 said:

Hi @mindthegap thank you for your response,are you saying you did entered back to US with the valid stamping and the denied i751 but you applied a new i751 before you enter ? I attached my denied i751 for your reference, thanks to everyone who is responding.

 

Yes, multiple times (I've had multiple denials).

 

That letter is a) ridiculous and b) has no legal basis. 

But USCIS never make up their own rules do they? (answer: they do, as I have discovered).

 

You can have a presumed abandonment of status, but that has absolutely nothing to do with the I-751, and shouldn't even factor into the adjudication of it, and hell, in this case it isn't even a year, which is the higher threshold.  Between six months and a year absence, you may have to prove continued ties to the US at your POE, and may have a presumed abandonment until then. 

But thats presumed , and as a LPR you still have the absolute right - endshrined in law - to a hearing with an immigration judge, when presenting as a LPR at a POE. There are a multitude of valid reasons for an extended stay out of the US and if you have maintained a dwelling, mailing address, phone, bank account etc, you have retained ties to the US. 

 

 

Just get on the plane, present your still valid stamp and see if you are stamped in as LPR/ARC or paroled in. Don't show this letter to the airline, to CBP, or anyone - it complicates things. Calling USCIS in this instance was also a waste of time and possibly a mistake. 

No need for the I-290B either at this point as it'll probably be rejected due to the deliberate nuances built into that particular filing (my opinion differs here compared to that of FAMILY).Instead, I'd be refiling a new I-751 as soon as you get back if I were you, which costs the same as an I-290B. And then don't leave for such a long period again. 

 

Repeat: You remain a LPR until an immigration judge says so, and this letter does not change this. As much as USCIS think and act like they are judge, jury, and executioner, they are not, and that is a very good thing. USCIS suck.

Edited May 1 by mindthegap

[paco5 3]

20 minutes ago, mindthegap said:

 

Yes, multiple times (I've had multiple denials).

 

That letter is a) ridiculous and b) has no legal basis. 

But USCIS never make up their own rules do they? (answer: they do, as I have discovered).

 

You can have a presumed abandonment of status, but that has absolutely nothing to do with the I-751, and shouldn't even factor into the adjudication of it, and hell, in this case it isn't even a year, which is the higher threshold.  Between six months and a year absence, you may have to prove continued ties to the US at your POE, and may have a presumed abandonment until then. 

But thats presumed , and as a LPR you still have the absolute right - endshrined in law - to a hearing with an immigration judge, when presenting as a LPR at a POE. There are a multitude of valid reasons for an extended stay out of the US and if you have maintained a dwelling, mailing address, phone, bank account etc, you have retained ties to the US. 

 

 

Just get on the plane, present your still valid stamp and see if you are stamped in as LPR/ARC or paroled in. Don't show this letter to the airline, to CBP, or anyone - it complicates things. Calling USCIS in this instance was also a waste of time and possibly a mistake. 

No need for the I-290B either at this point as it'll probably be rejected due to the deliberate nuances built into that particular filing (my opinion differs here compared to that of FAMILY).Instead, I'd be refiling a new I-751 as soon as you get back if I were you, which costs the same as an I-290B. And then don't leave for such a long period again. 

 

Repeat: You remain a LPR until an immigration judge says so, and this letter does not change this. As much as USCIS think and act like they are judge, jury, and executioner, they are not, and that is a very good thing. USCIS suck.

@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.