mindthegap

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.

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.

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.

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.

Yes.

That is not correct.

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.

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.

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.

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.

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.

Tell your friend to visit THIS link, put in their a#, and see what it says. If it says no case found, then 1) buy a lotto ticket, and 2) file an I-751 immediately , including a letter requesting the late filing be accepted due to being a total idiot (not really, but they have to give some reason for the late filing… perhaps pandemic, plus life stuff or something, I have no idea of your friends circumstances). If that letter requesting the excusing of the late filing is not included then it should be rejected, so it’s kinda important to include it. If, however, the link above gives something other than ‘no case found’, then post up what it says, as they potentially have bigger problems, and the course of action is potentially very different.

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).

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.

That is absolutely not true.. I have had three I-751 filings, three denials, and only one of them - the third - received an RFE. I won't get into whether they legally should do or not (as we all know that many agents make this up on the spot), but the fact is that they do routinely deny stuff without an RFE, or a NOID, or an interview.

Yes.

File an I-751 NOW. Like TODAY and overnight it with delivery by 9am. Just the form, the payment and a letter in requesting late filing. Forget the evidence for now, you can deal with that as soon as it is filed. You should get the text acknowledgement & receipt number within a couple of days, which you can give them as proof of filing. You MUST put a letter in, requesting a late filing. If you don't, it WILL be rejected. You have a reasonable excuse for the late filing, namely that you mistakenly filed an I-90 (include a copy of the receipt) and that you received no reminder to file an I-751 at any time - you need to write those things in your letter. The onus is always on you to know what to file of course, but you filed an I-90 instead of an I-751 indicates that you intended to comply with what you thought was the requirements, and this should be an acceptable reason for late filing and you should receive the receipt soon. You can send/upload all your evidence later, but for now just get the form, payment, and letter in ASAP.

~110 months/3400 days, and counting

My denied cases still show similar years later... the case status is not always reflective of the case status.

Of course, but that would be far too simple and easy for the clown college masquerading as USCIS to arrange. You'd have better luck asking a Zoltar machine for a new extension letter.

Your wife's residency does not expire. Much the same as her residency did not expire when her original card did, it is simply that her 2 year extension letter will expire, but that is her proof of status, and not the status itself. She remains a permanent resident. Shortly before it expires, she should apply for an I-551 stamp in her passport as ongoing proof of status, which is sufficient for all purposes including travel. You do this by calling USCIS, saying 'infopass' to the godawful automated system, waiting for 45 mins on hold to speak to someone who then arranges for someone to phone you back a month later, at a hugely inconvenient time, to schedule an appointment for a stamp at a hugely inconvenient time. If you are really lucky they will mail you a stamp on a white I-94W card.

Your decison, but a mistake in my view, and one that will have an NTA winging its way to you sooner rather than later and the same rubbish to deal with down the road. An I-290B doesn't alter you status (as you currently remain a LPR and can enter the US one way or another as your stamp is still valid), and you still have the issue of presumed abandonment (by the officers at your POE, nothing to do with USCIS) to deal with upon your return, which gets worse every day you are out of the US. Filing an I-290B does not get rid of that issue in any way, and the I290B has such a (deliberately) narrow scope of application you are fighting an uphill battle with that. Remember that you have only two narrow options with an I-290B, and that that in both cases, the I-290B is sent back to and adjudicated by the same officer that denied it in the first place! They are marking their own homework! Motion to reconsider: "A motion to reconsider must demonstrate that the decision was based on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the case record at the time of the decision. The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of USCIS policy. For the motion to reconsider, a brief must be attached and the motion must be filed within 30 days of the denial decision." Motion to reopen: "A motion to reopen must state new facts and be supported by documentary evidence demonstrating eligibility for the requested immigration benefit at the time you filed the application or petition. For the motion to reopen, a brief and/or additional evidence must be attached and filed within 30 days of the denial decision." Can you fulfill either of those criteria in a way that will get it overturned? In my opinion they will deny it based on the fact that you have indeed been out of the US for a period exceeding six months - without a re-entry permit - and are therefore presumed to have abandoned your residency. They will simply cite the statute relating to that (probably from HERE or HERE. It doesn't matter what the actual law says, or that this has no relevance to the adjudication of an I-751 and is entirely separate from it - these clowns make it up as they go, and routinely ignore the law, preferring to simply deny and kick it down the road to a judge, or hope that the applicant gives up the fight and leaves the US for good. Have you seen my signature here, with the rubbish I have been through? I'm not making this stuff up. From my own experience, I feel you would be better served returning as scheduled as soon as possible, and immediately filing a new I-751 upon your return , as that is probably what you are going to have to do eventually anyway when your I-290 gets denied. Other opinions are available, but that is mine.

Yes. When entering with a stamp, you get photographed & fingerprinted as normal, then taken to secondary (you have second priority there, behind US citizens/diplomates/children - every type has a different colour coded folder), where they verify your status as LPR. When they do they will know you have been denied but that you have not been issued a final order of removal (which terminates your LPR status). In my case, my stamps have 'TC-1' annotated, so they immediately know it's a denial/refile before they even run it. They will probably ask if you have received an NTA (you have not), and then should stamp you in as LPR/ARC as usual, as you remain a LPR until an immigration judge issues a final order of removal (at which point you are no longer a permanent resident - but until then you are). They may stamp you in a a parolee simply because of the denial and without a refile. Either way you will be in the US and can sort it out then. Note: because you have been out more than six months, I would carry as much documentation as possible showing ties to the US, such as the property you own (that you rent it out doesn't matter), phone bill, your current mailing address, bank account, credit cards, current/recent divorce paperwork, whatever, and perhaps evidence of your mothers health issue requiring an extended stay out. This is good evidence of maintaining ties to the US.

Yes, multiple times (I've had multiple denials). That letter is a) ridiculous and b) has no legal basis. But USCIS never make up their own rules do they? (answer: they do, as I have discovered). You can have a presumed abandonment of status, but that has absolutely nothing to do with the I-751, and shouldn't even factor into the adjudication of it, and hell, in this case it isn't even a year, which is the higher threshold. Between six months and a year absence, you may have to prove continued ties to the US at your POE, and may have a presumed abandonment until then. But thats presumed , and as a LPR you still have the absolute right - endshrined in law - to a hearing with an immigration judge, when presenting as a LPR at a POE. There are a multitude of valid reasons for an extended stay out of the US and if you have maintained a dwelling, mailing address, phone, bank account etc, you have retained ties to the US. Just get on the plane, present your still valid stamp and see if you are stamped in as LPR/ARC or paroled in. Don't show this letter to the airline, to CBP, or anyone - it complicates things. Calling USCIS in this instance was also a waste of time and possibly a mistake. No need for the I-290B either at this point as it'll probably be rejected due to the deliberate nuances built into that particular filing (my opinion differs here compared to that of FAMILY).Instead, I'd be refiling a new I-751 as soon as you get back if I were you, which costs the same as an I-290B. And then don't leave for such a long period again. Repeat: You remain a LPR until an immigration judge says so, and this letter does not change this. As much as USCIS think and act like they are judge, jury, and executioner, they are not, and that is a very good thing. USCIS suck.