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mindthegap

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mindthegap last won the day on January 8 2024

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  • Immigration Status
    Removing Conditions (pending)
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    New York City NY
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  1. You didn't really think this through. Because you did the AR-11 before filing, when the I-751 gets logged, the address on the form will be the newest - and current - address on their systems... so the receipt will go to the old address. If the I-751 gets returned (payment denied or forgotten to sign or something).. it will also go to the old address.
  2. You simply caculate an additional 48 months onto the expiry date of your card, and that is now the expiry date you put in. Unfortunately they don't issue 120 month extension letters, so my expiry date is now whenever my current stamp expires - I have to explain this every single time to check in agents and sometimes they have to double check with their supervisors that that is the correct procedure.. It's not an issue, just takes a few minutes. As for not bothering and just doing it at the desk, some airlines won't allow you to check in (or select a seat) until you have put in the info, so it is helpful to know how to be able to do it.
  3. A permanent resident card - whether unexpired or expired - IS an I-551
  4. To quote Alonzo (Denzel Washington) in training day: If you go for the cruelty waiver, you have to prove it. This is nothing new. As possibly ridiculous as that sounds - & being contrary to - in the age of 'believe all victims', and when combined with the fact that many forms of abuse are not even really documentable as they aren't physical (believe me, I can attest to this), it remains the case with regards to immigration law and USCIS policy. You were denied as a result of not providing documents proving this, and not producing what they asked for with the RFE. Now, what constitutes 'proof' is entirely subjective of course.., but proving someone is a terrible spouse does not prove they were abusive. Would suggest you get rid of that lawyer too, if they did not give you correct information regarding the RFE or follow your instructions in response to it.
  5. That isn't an issue. What *might* be an issue is filing as soon as your 90 day window opens and a biometrics appointment arriving while you are out of the country and you missing it. In your circumstances I would be be mailing the I-751 right before I travelled, so the receipt/extension is waiting in your mailbox upon your return, and you are minimising the risk of a biometrics appoinment arriving - or worse, being scheduled for - while you are away.
  6. Yes. The 2yr card is valid by itself for travel to the US and for entry until 23:59 on the expiry date printed on it.
  7. And, unfortunately, really ******* difficult, even with clear facts, witnesses, statements, and the actual freakin' law on your side.
  8. 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.
  9. 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.
  10. 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.
  11. 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....
  12. No. Not to mention they won't even give you a stamp if you have a still valid extension letter.
  13. 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.
  14. 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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