I-751 denied bc of clerical error?

[Confused1717 0]

Hi All. I applied for removal of conditions last April and attended the biometric appointment, then heard nothing further. In late December 2016 I moved, and in early January 2017 completed a change of address form online (and have confirmation email). Autoforwarding of my mail was in effect during that time.

I called USCIS a couple of months ago to check on what was happening as my application was beyond the processing time, and they said they couldn't answer any questions over the phone because it was a sensitive restricted case and had been transferred to the Vermont Service Center. I wrote to the VSC and actually included my new address in my letter as well and didn't hear back.

After contacting my local congressperson's office who reached out on my behalf, I've been told my application was denied in September 2017 bc I didn't respond to an RFE sent to my old address.

I'm not sure what to do at this point.

The relationship that formed the basis of my original residency application had ended before I was granted the conditional GC and I was transparent about that with the USCIS official who approved me. I submitted all the same documents for my I-751.

I'm not sure:

- why they are requesting additional evidence and what else I could possibly be able to provide over and above what was sufficient for issuance of my conditional green card 

- why they didn't process my change of address and are saying my application has been denied bc of that

- what my options are now

Has anyone else encountered similar?

Thank you in advance

[Villanelle 4,122]

What visa did you AOS from? K? work? student? 

 

Also are you saying you had an interview for the conditional green card (over 2 years ago) and you told them you were separated and they approved you anyway? That can happen with a K visa- as long as the 864 is still valid you can obtain the conditional gc but that doesnt mean you will successfully ROC.

 

You need to get a hold of the denial letter and see why you were denied. You have no status right now and are technically illegal. You can file a new 751 to get temp status again but you have to resolve the issue about the denial which has you on the way to immigration court. Seek out the help of an attny versed in removal proceedings and ROC. Use legal aid services if you need to. Immigration court is not DIY

[Suss&Camm 2,213]

19 minutes ago, Damara said:

What visa did you AOS from? K? work? student? 

 

Also are you saying you had an interview for the conditional green card (over 2 years ago) and you told them you were separated and they approved you anyway? That can happen with a K visa- as long as the 864 is still valid you can obtain the conditional gc but that doesnt mean you will successfully ROC.

 

You need to get a hold of the denial letter and see why you were denied. You have no status right now and are technically illegal. You can file a new 751 to get temp status again but you have to resolve the issue about the denial which has you on the way to immigration court. Seek out the help of an attny versed in removal proceedings and ROC. Use legal aid services if you need to. Immigration court is not DIY

It sounds from OP's post that the denial was for not responding to an rfe.

[Confused1717 0]

22 minutes ago, Damara said:

What visa did you AOS from? K? work? student?

Was originally over here on vacation for a few months with my fiancé. We weren't planning on staying.

 

22 minutes ago, Damara said:

Also are you saying you had an interview for the conditional green card (over 2 years ago) and you told them you were separated and they approved you anyway? That can happen with a K visa- as long as the 864 is still valid you can obtain the conditional gc but that doesnt mean you will successfully ROC.

Correct 

22 minutes ago, Damara said:

 

You need to get a hold of the denial letter and see why you were denied. You have no status right now and are technically illegal. You can file a new 751 to get temp status again but you have to resolve the issue about the denial which has you on the way to immigration court. Seek out the help of an attny versed in removal proceedings and ROC. Use legal aid services if you need to. Immigration court is not DIY

They're saying the denial was because I didn't reply to their RFE bc my request changed. They said it was denied but haven't shown me a letter.

 

Thank you, yes I will reach out to a lawyer at this point.

[afrocraft 313]

Good thing you filed a timely AR-11 change of address, and can prove that you did. USCIS established an administrative process for issues like yours. If you believe you otherwise qualify for removal of conditions, you can file a service request for expedited review of your I-751 by calling the USCIS customer service line at 1-800-375-5283 . When you call:

• Have your identifying information at hand, including your A-number and your I-751 ROC receipt number;
• Be sure to say that you want to make a service request for expedited review because of a USCIS administrative error (use those words);
• Explain the circumstances of that error: That 1) you understand your I-751 was denied because you did not respond to an RFE, 2) the RFE was sent to the wrong address, and 3) you filed a timely AR-11. This is one of the few reasons USCIS allows for rapid review of petitions/applications, as below.
• Take note of the service request number so you can follow up. You should expect a response in a little as five days.

Quote

• Denials based solely upon failure to submit a response to a request for evidence (RFE), notice of intent to deny (NOID), or notice of intent to revoke (NOIR) when a response was timely filed to the correct location 
• Denials based upon failure to respond to an RFE, NOID, or NOIR, if there is evidence that the request or notice was never transmitted to the correct individual.
• Denials for abandonment based upon a failure to appear at a biometrics appointment, or failure to respond to an RFE, NOID, or NOIR because the notice or request was sent to an incorrect address [This is only possible if the applicant or petitioner has provided correct updated address information. It is not a mistake on the part of the USCIS if mail is sent to an old address because no notification of an address change was ever provided.]
• Denials for failure to appear at a biometrics appointment, when there is proof that the appointment was rescheduled

You can read more here and here. Best of luck!

Edited October 22, 2017 by afrocraft

[Confused1717 0]

Thank you so much. I will do that tomorrow

[moongigi 0]

Do you have any updates for your case? I am in the EXACT same situation!

Edited November 8, 2017 by moongigi

[candybabe 46]

On ‎10‎/‎21‎/‎2017 at 9:56 PM, Confused1717 said:

Was originally over here on vacation for a few months with my fiancé. We weren't planning on staying.

 

Correct 

They're saying the denial was because I didn't reply to their RFE bc my request changed. They said it was denied but haven't shown me a letter.

 

Thank you, yes I will reach out to a lawyer at this point.

the RFE may have been for a valid 864 Affidavit of Support .....