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Renato D

N336 or I751? Denied N400 and I751 terminated!!

By Renato D in Removing Conditions on Residency General Discussion

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mindthegap Experienced

mindthegap   2,589

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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11 hours ago, Renato D said:

Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)?

 


no, no, and no. Do not do this. You do not need to. 
 

 

11 hours ago, Renato D said:

What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?

 


No. You have a valid extension letter because your card expired less than 48 months ago. You are good to go. 
They wont even issue you with a stamp in your situation. 

 

 

10 hours ago, Renato D said:

If "every CBP officer has some individual discretion", do I depend on his mood on that day to allow me to enter the country?

So the decision is not based on what the extesion notice/letter states?

 

My wife wants to be 100%, and is understandable if anything happens!!


The officers moods, feelings, what side of the bed they woke up on, or whether Dunkin’ was sold out of Boston Kremes that morning has zero bearing on the legality of your documentation and does not over-ride it. 

You are a lawful permanent resident. You have a valid I-751 48 month extension letter from a current & un-adjudicated I-751 filing, a card that expired less than 48 months ago, and you are not and have not been in removal proceedings, or have had a final order of removal ordered by an immigration judge. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Crazy Cat
Crazy Cat

OK, I found the answer as to why the I-751 was denied.  The officer was acting strictly by the USCIS guidelines as stated below.  Note the highlighted areas.  I would check the options in the I-751 de

OldUser
OldUser

Saw your conversation with the YouTube lawyer today. In that conversation you mentioned you did receive I-751 interview letter, the detail that wasn't shared in this thread.   So I'm a bit c

Crazy Cat
Crazy Cat

I don't think an I-336 is going to help with the N-400 case as the denial is a domino of the I-751 denial.  You could just re-file a proper I-751 if it was due to lack of spouse's participation or evi

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