N336 or I751? Denied N400 and I751 terminated!!

[Crazy Cat 41,985]

23 minutes ago, Renato D said:

Should I apply for I751 immediatly?

I would.  I don't think an I-290 would help.

Edited June 28 by Crazy Cat

[OldUser 6,990]

24 minutes ago, Renato D said:

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

Thank you again for all help.
 

Yes. If you receive NTA your legal bills will be way higher and it will take 3-6 years easily to remove conditions.

Edited June 28 by OldUser

[mindthegap 2,590]

1 hour ago, Renato D said:

 

 

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

 

 

Yes. Within the next 45 days. If an NTA appears it appears, but filing quickly is your best bet to avoid that happening, for various reasons I won't bore you with.  

Make sure to put a (brief!) letter in on the top, stating it is not being filed late, it is being filed because your prior I-751 was erroneously. denied.

It will be accepted.

Once accepted you will receive a new extension letter with a new receipt number, which is the one you use from then on.  

 

 

Technically you can still travel now, but I would not - I would wait until you have filed a new one and you have the new receipt/extension in hand from that.

 

 

 

 

Now, here is the thing...once you have filed a new I-751, you are back in I-751 pending status, basically the same as you were before the interview. Therefore, after you file the new I-751 (assuming you do that fast enough), I would suggest considering also filing the N-336 for an N-400 appeal, or a fresh N-400.

This is because the denial of your N-400 was based solely on the denial of your I-751 (which they refer to as termination of your permanent residence, which is utterly factually and legally incorrect), which happened solely because your wife wasn't at the interview.

They can't deny a new N-400 without either denying your new I-751 or conducting either separate or a combo interview...so either way they have to review it. So if you file an N-336 or an N-400 AFTER you have filed a new I-751, you may well find yourself at another N-400 combo interview sooner rather than later.

 

 

 

 

And yes, you remain a permanent resident until an immigration judge says so. Try not to worry too much, it will get sorted out - eventually. 

 

 

Edited June 28 by mindthegap

[Renato D 5]

21 minutes ago, mindthegap said:

Technically you can still travel now, but I would not - I would wait until you have filed a new one and you have the new receipt/extension in hand from that.

Yes, that is the answer I was looking for. For sure I will wait for the extension letter to travel, but never before that.

Have you ever travel with extension letter after your first or others denials?

 

Thanks for your reply.

[mindthegap 2,590]

18 minutes ago, Renato D said:

Yes, that is the answer I was looking for. For sure I will wait for the extension letter to travel, but never before that.

Have you ever travel with extension letter after your first or others denials?

 

Thanks for your reply.

 
Yes, many, many times, although for the last eight years it’s been a stamp for me instead of a letter as my card expired in 2015, but the same principal, you can travel without issue. 

Don’t worry about it - as above, despite what the letter says,  you remain a lawful permanent resident until an immigration judge says so (and that is a very long way away, if ever in your case). 
 

Edited June 28 by mindthegap

[Renato D 5]

On 6/28/2024 at 6:39 PM, mindthegap said:

Yes, many, many times, although for the last eight years it’s been a stamp for me instead of a letter as my card expired in 2015, but the same principal, you can travel without issue. 

 

Great to hear from you, though I am saddened by your situation. I woudn't go on after 2nd time. You are brave!
In my case, the issue arose from a misunderstanding about two interviews scheduled at the same time, resulting in my wife not attending.

"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. "

 

 

Could you suggest what to include in the cover (brief) letter when applying for the I-751?
Would you mind sharing a few parts of your letters here to help others?

 

[Renato D 5]

Updating this post for everyone experiencing the same issue:

On July 1st, I re-applied for the I-751 ROC; and today, just a week later, I received a Notice/letter extending my green card for 48 months from the expiration date.

 

 

I'm just bothered by the last sentence ("...does not apply to you if your CPR status has been terminated."), which is shown on the I-751 denied notice I received two weeks ago.
 

 

I know @mindthegap is my reference for all his posts and denials and I will travel anyway. However, there is still a contradiction in it.

 

I want to express how important the opinions and messages of support from everyone who reached out have been to me.

[OldUser 6,990]

27 minutes ago, Renato D said:

Updating this post for everyone experiencing the same issue:

On July 1st, I re-applied for the I-751 ROC; and today, just a week later, I received a Notice/letter extending my green card for 48 months from the expiration date.

 

 

I'm just bothered by the last sentence ("...does not apply to you if your CPR status has been terminated."), which is shown on the I-751 denied notice I received two weeks ago.
 

 

I know @mindthegap is my reference for all his posts and denials and I will travel anyway. However, there is still a contradiction in it.

 

I want to express how important the opinions and messages of support from everyone who reached out have been to me.

LPR status can only be terminated by immigration judge, unless you file I-407 yourself.

[mindthegap 2,590]

3 hours ago, Renato D said:

I'm just bothered by the last sentence ("...does not apply to you if your CPR status has been terminated."), which is shown on the I-751 denied notice I received two weeks ago.

 

 

Understandable.

However, your status has not been terminated. Your I-751 has been denied, and that is not the same thing.

An immigration judge (with a final order of removal), or you (via an I-407) are the only methods of terminating your LPR status.

 

That sentence applies if you, say, had a 48 month extension letter issued 12 months ago, but in the meantime you had been to court and the judge had terminated your permanent resident status with a final order of removal (or similarly you had missed a court date and a final order was made by the judge made in abstentia).

Under those circumstances, you would no longer be a permanent resident as your status would have been terminated, so the letter would not be valid as an extension, as there is nothing to extend. 

 

 

And yes, the denial letters are legally wrong which adds to the confusion for many, as those letters are frankly terrifying (and thats before they start accusing you of stuff in them with no basis for doing so).  It is something I have pointed out many times on here as a personal bugbear. 

Glad you got it refiled and have the receipt. Now try to put it out of your mind for a bit. Also consider filing the N-400 appeal or a fresh N-400 which should hopefully speed it up. 

[Renato D 5]

Thanks for replying, @OldUser and @mindthegap. I appreciated.

Also thanks for all comments, including @Crazy Cat and @Dashinka, with lots of information and help.

 

Two ideas are coming between my wife and I:

 

1. Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)?
2. What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?

 

Edited July 10 by Renato D

[Crazy Cat 41,985]

17 minutes ago, Renato D said:

Thanks for replying, @OldUser and @mindthegap. I appreciated.

Also thanks for all comments, including @Crazy Cat and @Dashinka, with lots of information and help.

 

Two ideas are coming between my wife and I:

 

1. Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)?
2. What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?

 

1.  I don't think that would be helpful.  There is no reason to raise their suspicions. In addition, every CBP officer has some individual discretion. 

2.  USCIS will not give you an ADIT stamp if you have a valid extension letter.

Edited July 10 by Crazy Cat

[Dashinka 24,641]

16 minutes ago, Renato D said:

Thanks for replying, @OldUser and @mindthegap. I appreciated.

Also thanks for all comments, including @Crazy Cat and @Dashinka, with lots of information and help.

 

Two ideas are coming between my wife and I:

 

1. Is it a good idea to call CPB (Customs and Border Protection) to be sure of my return (never did it before)?
2. What about, just for precaution, get a new I-551 ADIT stamp linked to the new I-751 case?

 

I agree with @Crazy Cat, there is no need to do any pre-discussion with CBP, and an ADIT stamp is unnecessary at this time.

 

Good Luck!

[Renato D 5]

Hi @Crazy Cat!

 

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!!

[Crazy Cat 41,985]

2 minutes ago, Renato D said:

Hi @Crazy Cat!

 

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!!

With an expired Green card and a valid extension letter, I think you're fine.  You have not been placed in removal proceeding.

[Dashinka 24,641]

21 minutes ago, Renato D said:

Hi @Crazy Cat!

 

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!!

Even pre-contacting CBP will not make anything 100% as there is no guarantee you will talk to the CBP officer that will inspect you when you re-enter.  The CBP carrier guide clearly states what is acceptable to enter the US, and the expired GC and valid extension letter is on that list (I would make a copy of the extension letter as sometimes airline employees are unfamiliar with it and ask to keep a copy, also take the CBP carrier guide).  The worst I see happening is getting sent to secondary, but you are an LPR and your documents (proof of that status) are in order with the new I751 filing.

 

All that being said, I am always in favor of keeping my wife happy, so you can contact CBP before leaving if it makes her happy.  It may or may not raise any alerts, but in the end you are a legal resident.

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

Edited July 10 by Dashinka