Renato D

Congratulations! I also say you were lucky! The same happened to me (my wife didn't come with me) but the ROC was denied! ALWAYS, ALWAYS, ALWAYS BRING YOUR SPOUSE!! Even just for N-400!!!

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!!

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

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.

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?

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.

I just received I-751 notification decision and the main parts are below. I did not received yet Notice to Appear (NTA). Should I apply for I751 immediatly? "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. Under 8 CFR 216.4(b )(3 ), if a CPR or the petitioning sponsor ( if not deceased) does not appear for a required interview in connection with the joint Form I-751, we will terminate the the CPR's conditional resident status. " Also: "Decisions issued by USCIS in matters arising under INA 216 are final under 8 CFR 216, and thus are not subject to agency appeal. However, pursuant to INA 216, you may request review of this determination in removal proceedings before an Immigration Judge. You may submit additional evidence during review by the Immigration Judge.Matter of Herrera Del Orden._ 25 l&N Dec. 589 (BIA 2011). If you become eligible and decide to file a waiver under INA 216(c)(4), the proceedings may be continued in order to give you a reasonable opportunity to file the Form 1-751 with USCIS. Matter of Mendeb 20 l&N Dec 833 (BIA 1994); Matter of Stowers, 22 I&N Dec. 605 (BIA 1999). This is because USCIS has original jurisdiction over all Form 1-751 petitions, regardless of whether the petition is jointly filed or a request for a waiver filing under INA§ 216(c)(4). Matter of Lemhammad, 20 l&N Dec. 316 (BIA 1991). If you believe that the denial of your Form 1-751 is in error, you may seek limited motion to reopen rights by filing Form I-290B, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR 103.5(a). You must file Form 1-2908 within 30 days of the date of this decision if the decision was served in person, or within 33 days if the decision was served by mailed. See 8 CFR 103.5(a) and 103.8(b). Please Note: You must follow the most current filing instructions for Form I-290B, which can be found at www.uscis.gov. " I did not received yet Notice to Appear (NTA). Should I apply for I751 immediatly? Thank you again for all help.

We were talking to a lawyer and she didn't recommend us to reapply for the I-751 until we receive a letter from the USCIS which might take a week. She said if they sent the case to the court our new application will be denied. It's all very confusing to us. Also if we reapply to the I-751 do I get a temporary extension for the permanent residency and is it safe to travel? I have my son in Brazil and that's why this is important to me. I appreciate so much your help and time! No words! One more question: my greencard is then not valid anymore?

Sure, here is the revised version: --- Crazy Cat, I was rethinking everything from the very beginning, and I realized that I am assuming (but not sure) that I received the first interview notice. After that, I definitely received the second notice (see picture) saying the office was going to be transferred to another one. Whether I received the appointment notification is a supposition at this point. During the interview, under such pressure, I couldn't realize the confusion regarding the notifications. The IO, during the interview, printed the first interview notice and gave it to me. But after a while, she was looking at my documents and said, "this is what I am looking for...", which I now assume was the appointment notification. By the way, she kept the original document. Anyway, the solution is what you are suggesting: file the I-751 again. No lawsuit. For me, I was waiting for the interview, considering the confusion about the letters. And you know, USCIS help by phone is a waste of time... ---

Thanks for all your help! All posts are incredibly valuable, even more so than some legal advice I’ve received (with all due respect to the legal profession). I wrote a letter addressed directly to the director’s office, but my hope of receiving a response is quite low, maybe 1 in 10. I still haven’t received the denial notice for my I-751 application. I don’t want to get involved in any legal proceedings because they can take a long time and, cost-wise, they would likely be more expensive than both the I-751 and N-400 processes combined, as far as I know. I understand that I have the right to appeal and that things might be in my favor, but nothing is 100% guaranteed. So, I plan to reapply for the I-751 for now, and perhaps in the future, I will reapply for the N-400. However, I still have a few doubts and would appreciate any help: Do I have the legal right to reapply for the I-751? If so, could you provide any assistance with the cover letter, which I consider the most important part of the application? If I apply again the I-751 (my wife will definitely attend the interview this time), will this second request be weaker or worthless, since the first one was denied? Attached are my case status and history, but there is no tab with notification files in my account. Is it just for me? Can you access PDF file notifications in your account? Thanks for all help!! FYI, case status and case history.

She, with no doubt, would be here, if we knew about ROC inteview was going to be made...

Maybe I didn't explain it correctly. The I-751 was denied because my wife was not present at the ROC interview (this is a 100% obligation). There is nothing with her presence for the N400 interview. And the point is that the two interviews were carried out at the same time. That was the first question IO made: "where is your wife"... I hope I made it clear.

Should I apply for ROC even without the I-751 denial?

I did not receive I-751 denial specifically. Just on N400 denial, saying my conditional permanet residence was terminated. Thanks!! We are living together since I got married, 2020. Full of evidences, pictures, bank account and credit card, DL with same address, etc... She doesn't show any sign she was suspecting, at all. Just my wife wasn't there. Our mistake she wasn't there but extreme resolution.

Hi everyone! Briefly, I applied for ROC I-751 last year, and this year I applied for N-400 Naturalization. I went to the naturalization interview without knowing it would be for both cases (I did not receive confirmation of the interview date for ROC and could not reach any USCIS assistance by phone). The reason my N-400 was denied was because my wife was not present and they could not remove my conditions. Simple as that. The immigration officer told me she should be there, even though she continued with both interviews with me, alone. Yesterday, I just received a notification saying that N-400 was denied and my permanent residency status was terminated (which I presume was denied also, right?). The notice suggests applying for an N-336 request for a hearing. I don't know what the best option. Take the risk and time for N-336, reapply for I-751... Or if there is any other better way to proceed Please, any help is welcome.

For sure you have to go together, even if there is no I-751! I just lost my N-400 application because my wife didn't go with me. They did both interviews at the same time and we did not receive notification for ROC, where she should be present.