Hello. This will be a long post to ensure I share all important necessary details with you all, so warning in advance. I was urged to post here to get some opinions. I've read through some helpful posts/responses so far, and hoping someone could help me.
I received my 2 year GreenCard through my mother, who received hers after getting married. Right off the bat, we were confused as my case was separated from hers. As a minor, our cases should've been processed together but they were not. Something like 2 years go by, and we apply for 10-year GCs. Soon after, my mom found out her husband has been having an affair. During this time, we also learned that instead of paying the lawyer to file my case, my mom's husband spent the money and paid the lawyer months later. We were told this could be a reason my case was separated from my mom's. My mom filed for divorce.
As our I-751 cases were being processed, my mom and I received extension letters and I-551 stamps from USCIS. After 3 years, my mom and I received notices of denial for our I-751 cases. The reason given to both of us was that we failed to show up for our interviews. There was no mail notice, online update on the USCIS profile, or a letter sent to our lawyer. In addition, over the course of 3 years we had been submitting inquiries about our case every 6 months, and we had submitted a request a couple days after the said 'interview date'— the response for this inquiry stated the case was still being processed with no mention of a missed interview. My mom was even able to file an n400 and pass her interview during this time. When she went for her n400 interview, no one told her anything about a missed interview or the dismissal of her I-751 case. I've read a lot of posts online from people in similar situations where they were denied for missing an interview that was never communicated with them. So, we had hope that maybe it was a common clerical error that would get sorted.
Following the I-751 denials, our lawyer filed for I-290B and submitted all the evidence we had to 'prove' no notice was sent. We included all the inquiries we submitted, screenshots that were periodically taken from the USCIS online profile, a letter from our lawyer stating he received no notice about an interview, etc. At this time, I also contacted our local congressmen to request their help. Over the 1.5 years, the congressmen's office has been inquiring about our I-290B cases. 2 days ago they received a response to their latest inquiry stating our cases were still being processed. But then last night, we received emails stating both my mom's and my I-290B appeals have been denied. We have not received the physical notices yet, and therefore do not know the reason for the I-290B denials.
My mom still has a valid I-551 stamp until this summer. Unfortunately, I do not. I had called in April 2022 to request an InfoPass appointment. When I didn't hear back by June 2022, I called back and was told there is a waitlist for InfoPass appointments, and to not worry if I wasn't called within the 30-day timeline. It has been almost 10 months, and I still have not received a call to schedule an 1-551 stamp appointment. And thus, my last stamp expired last summer. So, I have no 'proof' of being a permanent resident.
What is the best course of action at this point? I know we can either go to federal court or re-file for I-751. Are there any other options? We have concerns about both of these options since both cannot be appealed if we receive another denial. We've also read that these court cases have a ~10% chance of re-opening the I-751 case. Any advice or feedback you have would be greatly appreciate. Thank you so much already for your time!
