N336 or I751? Denied N400 and I751 terminated!!

[Crazy Cat 41,985]

1 hour ago, Dashinka said:

Is it worth having the OP file an I290B?

The law says the following.  I think, from the text, the OP can write a letter without having to file an I-290B.  Need to know how the denial is worded.

 

 

eCFR :: 8 CFR 216.4 -- Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

 

"If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate."

 

Edited June 27 by Crazy Cat

[jackiegringa 419]

Strongly agree with CrazyCat, as I also said in my own post. USCIS isn't clear about this things and people here get too comfortable saying "everybody should assume combo and should know to take the spouse" even though it is not written anywhere, USCIS not always send a letter making it clear it will be a combo interview AND also routinely approved ROCs without the spouse present (or even the applicant, considering approvals after the N-400 interview that happens remotely).

 

Rooting for you Renato D, please follow up with updates when you can - whatever route you take you have a good chance to revert this decision or apply again.

 

[Dashinka 24,641]

1 hour ago, Crazy Cat said:

The law says the following.  I think the OP can write a letter without having to file an I-290B:

 

 

eCFR :: 8 CFR 216.4 -- Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

 

"If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate."

 

Will a letter work if the denial is already in the system?  The written request part seems to refer to requesting a re-schedule or a waiver. 

[Crazy Cat 41,985]

31 minutes ago, Dashinka said:

Will a letter work if the denial is already in the system?  The written request part seems to refer to requesting a re-schedule or a waiver. 

It's within the paragraph section (b)(3) "Termination of status for failure to appear for interview."  

"The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived,"

 

Hopefully, there will be instructions on the denial notice if OP can write a letter.  Maybe the options are (not necessarily in this order):

 

A.  Write a detailed letter requesting a re-schedule

B.  I-290B

C.  Refile I-751

D.  Argue in removal court before an immigration judge

Edited June 27 by Crazy Cat

[Crazy Cat 41,985]

1 hour ago, Dashinka said:

Is it worth having the OP file an I290B?  I know, probably lawyer territory, but could be done DIY.  Based on the fact that there was no notice of the I751 interview (based on my reading of the OP and responses), how can an I751 be denied simply because a spouse was not present at an unannounced interview.

Actually, that might be the most effective route to officially push it up the ladder, so to speak. 

[jackiegringa 419]

There's a when to file a I-290B chart, it says you cannot appeal the decision but you can file a motion to have the matter reopened or reconsidered.

 

The note on no appeal is:

Conditional residents placed in removal proceedings when their Form I-751 or Form I-829 is denied may seek to have an immigration judge review the denial. This review would occur during the removal proceedings.

 

https://www.uscis.gov/i-290b/eligibility#Note_5

[Renato D 5]

Thanks for all your help! All posts are incredibly valuable, even more so than some legal advice I’ve received (with all due respect to the legal profession).

 

I wrote a letter addressed directly to the director’s office, but my hope of receiving a response is quite low, maybe 1 in 10.

I still haven’t received the denial notice for my I-751 application.

 

I don’t want to get involved in any legal proceedings because they can take a long time and, cost-wise, they would likely be more expensive than both the I-751 and N-400 processes combined, as far as I know.

I understand that I have the right to appeal and that things might be in my favor, but nothing is 100% guaranteed.

So, I plan to reapply for the I-751 for now, and perhaps in the future, I will reapply for the N-400.

 

However, I still have a few doubts and would appreciate any help:

1. Do I have the legal right to reapply for the I-751?
2. If so, could you provide any assistance with the cover letter, which I consider the most important part of the application?
3. If I apply again the I-751 (my wife will definitely attend the interview this time), will this second request be weaker or worthless, since the first one was denied?
4. Attached are my case status and history, but there is no tab with notification files in my account. Is it just for me? Can you access PDF file notifications in your account?

Thanks for all help!! 

FYI, case status and case history.

 

[OldUser 6,990]

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 confused as to how you keep denying knowing about I-751 interview. And you said that not only to us here, but more importantly to the officer while under oath. I can see why officer got annoyed because of that, this doesn't build any credibility to your case.

 

Based on what you said to lawyer:

- You received I-751 interview notice (and officer showed you copy of that when you denied receiving it at the interview)

- You received letter moving your I-751 from service center to field office

- You received N-400 interview notice

 

Essentially, suing USCIS or filing motion to reopen is not going to work as you don't have proof of USCIS mishandling your case. You either misunderstood or ignored the instruction to attend the interview with spouse given in I-751 interview letter. In this rare case, I'm on USCIS side.

 

Please refile I-751 ASAP and take it seriously this time.

 

Good luck!

 

 

Edited June 28 by OldUser

[Crazy Cat 41,985]

I just watched the Hacking show.  @Renato D, On the show, you said you received the I-751 interview letter which had the same date and time as the N-400 interview, then received a "transferred to another office" letter.  You never mentioned any of that at all in this thread.   That changes everything about your case situation, imo.  

Refile an I-751 asap....and both attend the interview. 

 

I would not sue USCIS.  You received proper notice, imo. You just failed to act.

Edited June 28 by Crazy Cat

[Crazy Cat 41,985]

3 hours ago, Renato D said:

I understand that I have the right to appeal and that things might be in my favor,

From what I now know, you would not win an appeal, imho.  USCIS acted properly, imo.  Just refile a new I-751.  Good luck.

Edited June 28 by Crazy Cat

[Renato D 5]

57 minutes ago, Crazy Cat said:

On the show, you said you received the I-751 interview letter which had the same date and time as the N-400 interview, then received a "transferred to another office" letter.

Sure, here is the revised version:

---

Crazy Cat,

I was rethinking everything from the very beginning, and I realized that I am assuming (but not sure) that I received the first interview notice. After that, I definitely received the second notice (see picture) saying the office was going to be transferred to another one. Whether I received the appointment notification is a supposition at this point.

 

During the interview, under such pressure, I couldn't realize the confusion regarding the notifications. The IO, during the interview, printed the first interview notice and gave it to me. But after a while, she was looking at my documents and said, "this is what I am looking for...", which I now assume was the appointment notification. By the way, she kept the original document.

 

Anyway, the solution is what you are suggesting: file the I-751 again. No lawsuit.

For me, I was waiting for the interview, considering the confusion about the letters. And you know, USCIS help by phone is a waste of time...

---

[Renato D 5]

We were talking to a lawyer and she didn't recommend us to reapply for the I-751 until we receive a letter from the USCIS which might take a week. She said if they sent the case to the court our new application will be denied. It's all very confusing to us. Also if we reapply to the I-751 do I get a temporary extension for the permanent residency and is it safe to travel?

I have my son in Brazil and that's why this is important to me. I appreciate so much your help and time! No words!

One more question: my greencard is then not valid anymore? 

 

[jackiegringa 419]

39 minutes ago, Renato D said:

Also if we reapply to the I-751 do I get a temporary extension for the permanent residency

Yes.

 

39 minutes ago, Renato D said:

is it safe to travel?

In your situation, regardless of what path you decide to take - lawsuit, refile, whatever - no person here would advise you to leave the United States. Jim Hacking says "no, no traveling" on your call.

[Dashinka 24,641]

42 minutes ago, Renato D said:

We were talking to a lawyer and she didn't recommend us to reapply for the I-751 until we receive a letter from the USCIS which might take a week. She said if they sent the case to the court our new application will be denied. It's all very confusing to us. Also if we reapply to the I-751 do I get a temporary extension for the permanent residency and is it safe to travel?

I have my son in Brazil and that's why this is important to me. I appreciate so much your help and time! No words!

One more question: my greencard is then not valid anymore? 

 

I agree with the other’s, the only option is to file a new I751, and I think it is best to file soon.  Perhaps @mindthegap will chime in again, but it appears you were denied for not attending the interview, so waiting for the denial letter seems like a waste of time.

 

Also, you are still an LPR, so if you have an expired CGC with a valid extension letter that is proof of your status.  If your extension letter is expired, you can get an ADIT stamp.  Only an IJ can take away your GC.

 

Good Luck!

[Renato D 5]

I just received I-751 notification decision and the main parts are below.
I did not received yet Notice to Appear (NTA). Should I apply for I751 immediatly?

"After reviewing the evidence and the testimony provided at the interview, USCIS records indicate that 
you are not eligible to have the conditions removed from your status for the following reasons: 
 

We asked that you and your petitioning sponsor appear for an interview on June 17, 2024. However, 
your petitioning sponsor did not appear for the interview. 

Under 8 CFR 216.4(b )(3 ), if a CPR or the petitioning sponsor ( if not deceased) does not appear for a 
required interview in connection with the joint Form I-751, we will terminate the the CPR's 
conditional resident status. "
 

Also:

"Decisions issued by USCIS in matters arising under INA 216 are final under 8 CFR 216, and thus are 
not subject to agency appeal. However, pursuant to INA 216, you may request review of this 
determination in removal proceedings before an Immigration Judge. You may submit additional 
evidence during review by the Immigration Judge.Matter of Herrera Del Orden._ 25 l&N Dec. 589 
(BIA 2011). 
 

If you become eligible and decide to file a waiver under INA 216(c)(4), the proceedings may be 
continued in order to give you a reasonable opportunity to file the Form 1-751 with USCIS. Matter of 
Mendeb 20 l&N Dec 833 (BIA 1994); Matter of Stowers, 22 I&N Dec. 605 (BIA 1999). This is 
because USCIS has original jurisdiction over all Form 1-751 petitions, regardless of whether the 
petition is jointly filed or a request for a waiver filing under INA§ 216(c)(4). Matter of Lemhammad, 
20 l&N Dec. 316 (BIA 1991). 
 

If you believe that the denial of your Form 1-751 is in error, you may seek limited motion to reopen 
rights by filing Form I-290B, Notice of Appeal or Motion. The grounds for a Motion to Reopen and 
Motion to Reconsider are explained in 8 CFR 103.5(a). You must file Form 1-2908 within 30 days of 
the date of this decision if the decision was served in person, or within 33 days if the decision was 
served by mailed. See 8 CFR 103.5(a) and 103.8(b). Please Note: You must follow the most current 
filing instructions for Form I-290B, which can be found at www.uscis.gov. "

 

I did not received yet Notice to Appear (NTA). Should I apply for I751 immediatly?

Thank you again for all help.