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mindthegap
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Well, @OldUser said "Worst case you can be denied and being prepared to be placed in removal proceedings" which IS accurate. Legally, they can - and do - regularly deny cases for missing a biometrics. USCIS are horrendous at rescheduling these things, and it isn't uncommon at all. They also specifically said worst case, and removal proceedings, which is an entire process that is initiated upon a denial, and not some sort of instant deportation. It was helpful. Just because you don't like what you hear, and the possible consequences of your actions (yes, you were travelling, but the legal onus as a USCIS applicant and a resident alien is squarely on you to be informed of your status and any appointments pretty much at all times) doesn't invalidate the comment at all. [Edit] - I just noticed this is a couple of month old thread that has been bumped by someone in the same situation. My comment still stands though. -
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Missed biometrics appointment due to travel out of the country
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Yes it does and yes you can. The reason some people are advising don't travel is because there is a very real risk it could be denied while you are out of the country, because you have missed the biometrics appointment. That is the law. USCIS are notoriously bad with biometric rescheduling, and often if you miss an appointment they usually just deny, without sending another appointment. The onus is always on you, not them. They simply don't care - you are just a barcode to them. Legally, you are ok to re-enter the US even if it is denied while out of the country, but that is legally speaking. USCIS don't always follow the law, and CBP make the odd howler from time to time too. People are erring on the side of caution here, for your sake. Note that the guy you spoke to was talking rubbish. They can do it, he just didn't want to do it. They scan the barcode when you arrive, take the info, and done. Many of us here have done walk ins before or after the dates, it really doesn't matter. Try a different centre, or a day when that person isn't working perhaps. Also, please stop referring to it as an interview - it isn't. It takes about a minute, is purely procedural, and your terminology can confuse it with an actual I-751 interview for people trying to help you.
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Do a walk-in. Now. Tomorrow. Monday. First thing, last thing, whenever, just do it as soon as possible, and definitely do it before you leave the country. Take your appointment letter as it has a barcode the need to scan. You can't do a walk in without an appointment, but you can - at their discretion - do it with an appointment on a different date. source: done it myself multiple times. If you don't they will - in all probability - issue a denial, as per policy. Don't take everything USCIS tell you as gospel - they lie (frequently), and are also wrong (frequently) about their own policy, and the law. Yes, yes, you can refile if denied, but it is a pain in the butt as you still have the prior denial to deal with concurrently (as I know only too well). Yes, you can board a flight to & re-enter the US with your expired card AND the extension letter/receipt. Because they are talking rubbish.... You are, and remain, a permanent resident, and have a valid 48 month extension letter to accompany your expired card.
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OldUser reacted to a post in a topic:
Carry the NOA1 letter around?
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Carry the NOA1 letter around?
mindthegap replied to EatBulaga's topic in Removing Conditions on Residency General Discussion
No. For a start, mine only exists in stamp form in my foreign passport, which would be utterly stupid & impractical to have with me at all times. I have a photo on my phone of the expired card, the current & expired extension letters, and current & expired stamps. They are all also securely uploaded to dropbox. I also have a valid real ID. I feel that, despite the wailing and scaremongering, "Ihre Papiere, bitte" or similar is unlikely to become commonplace in the US.... -
No. Not to mention they won't even give you a stamp if you have a still valid extension letter.
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Yes - I am in double digits for stamps now (I think it is 15?). I get it renewed every year. It is important to note I ONLY get the stamp because my card expired almost a decade ago, and the 48 month extensions extend the physical card beyond to a maximum of 48 months beyond its expiration date (NOT from the I-751 filing date) so are useless to me, so the stamp replaces my extension letter. If it expired less than 48 months before your extension you would not need a stamp and could travel on the expired card + extension letter combo. Yes, and yes. I have travelled many, many, times out of the US and back in since. Remember, I have multiple I-751 denials. Understandable. The law is clear. Have a read of my post HERE and you will get some (very) detailed info and verbatim quotes from the actual law and genco 96-12 about this very thing.
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Yes. Although if you refiled very quickly, you will most likely avoid any NTA being issued due to the options they have when denying and the 'hold' time they put on it. But it doesn't matter so much as it was denied on a (surprisingly common) technicality, and you have a newly filed I-751 anyway which will hopefully be approved at some point.
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Yes. FOUR times (although I have to get a stamp now because my physical card expired way more than 48 months ago, but same principal). I travel frequently out and back in. Your status has not been terminated. USCIS lie. A lot. And their scary denial letters are not legally accurate either. You remain a LPR until an immigration judge issues a final order of removal, at which point you are no longer a LPR. You have a valid pending I-751, you have a valid extension letter, you have not had a final order of removal terminating your LPR status = you are 100000% ok to travel without any negative consequences.
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That is not correct.
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That is all it takes...unfortunately. I also included marriage counselling documentation in amongst my 5000+ page last submission. Ignored. Now you are getting it...and how the mind of these morons works. It isn't fair, it is subjective, and once they have their mind made up, thats it. I have four I-751 filings to back that up.
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Can I travel with this extension letter and new stamp while I am in removal proceedings? Yes. Is there chance to get approval (751) after 2 denials and with issued NTA? Is there a chance? Yes. Will it happen? Unlikely. Once USCIS are fixated on something and prejudiced about some aspect of your case, it is unlikely they will change their minds, as I unfortunately know only too well. Can I apply for citizenship while my 751 pending if I have NTA notice Yes. But file it with the understanding that it may well be denied (even after your N-400 interview) when they deny the new I-751 filing. If they don't deny the new I-751, then the N-400 would be approved.
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No. A simple letter stating you are divorced and wish to convert your existing joint filing to a divorce waiver filing is sufficient. As others have alluded to, timing is a bit crucial here - if you notify them too soon, before you are divorced, you will get RFE'd for the final divorce, which you can't provide until you are divorced...which would mean a denial, and having to refile. If you leave it too late, you run the risk of being approved without notifying them of divorce. Get the divorce underway, then notify them when you are sure that the final divorce is imminent and have some sort of known timescale. You are doing nothing wrong by doing this - legally you are married, or divorced, and there is no 'pending' status box.
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no, no, and no. Do not do this. You do not need to. 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. 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.
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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.