ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
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TracyTNFemaleUnited Kingdom2009-11-17 14:07:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
Good find. Still sounds like getting a (more competent) attorney is the way to go no matter what they actually end up filing.
TracyTNFemaleUnited Kingdom2009-11-17 10:55:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
It might be, but my thought is ignorance about the process and your own status is really no excuse. Just because an attorney didn't tell you correctly should still at least make you think 'hmm I wonder what happens when the date on this green card passes?'

Or maybe I am just jaded. laughing.gif
TracyTNFemaleUnited Kingdom2009-11-17 10:32:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
I know people have applied late and been approved, but I guess I don't remember seeing one where they were already sent a notice stating their status was terminated, then they filed and were ok.
TracyTNFemaleUnited Kingdom2009-11-17 10:16:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (caybee @ Nov 17 2009, 08:11 AM) <{POST_SNAPBACK}>
From the new USCIS memo dated October 9, 2009, referenced above:

QUOTE
4 Process Changes

B. I-751 petition filed by a CPR currently in removal proceedings

USCIS has original jurisdiction over all pending I-751 petitions. An IJ cannot review an I-751 petition pertaining to a CPR in proceedings unless USCIS has first adjudicated the petition on its merits. If a CPR is in proceedings and USCIS has not yet adjudicated an I-751 filed by that CPR, USCIS must first adjudicate that petition. An I-751 petition should not be held in abeyance or denied by a service center solely because the CPR is in pending removal proceedings. If the IJ has administratively closed the proceedings to await a decision by USCIS on the I-751 petition, the ISO will expedite adjudication and route the file through appropriate channels to the ICE Office of Chief Counsel having jurisdiction over the proceedings.


The OP's status has been terminated, but they are not yet in removal proceedings, and even if they were, it looks like the I-751 could still be adjudicated (though they would still have to give an acceptable reason for filing so late).

The paragraph above the quoted one does state that once a final administrative order for removal has been issued by an IJ, an I-751 will be denied.


I guess what made me question that was the reason they'd have to give. 'Our attorney told us wrong' is unlikely to be a reason that would fly. I don't suppose it could hurt, though, but I'd still be hard pressed to spend $545 on something I wasn't sure would work. Particularly if I'd still likely have to fork out more $ for an attorney. But maybe desperate times call for desperate measures. I don't suppose it could hurt them any to have a pending I 751, though, even with a weak 'reason' for the late filing.
TracyTNFemaleUnited Kingdom2009-11-17 09:17:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
I don't see how an I 751 filed now does any good. If the OP had not received a letter informing them that their status had been terminated, then I could see the logic in filing late, explaining why, and throwing yourself at their mercy.

The fact that no petition was filed and the status was just terminated tells me (even in reading that memo) that there is nothing for them to adjudicate as no petition was on record (when the status was terminated).

Regardless, us speculating does no good - the OP needs an immediate consultation with an experienced family immigration attorney. I am very curious to hear what that attorney suggests.
TracyTNFemaleUnited Kingdom2009-11-17 08:24:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (Dakine @ Nov 16 2009, 02:54 PM) <{POST_SNAPBACK}>
File the I-751 ASAP. You may be surprised. May not be also but it doesn't hurt to submit it.


Except it is likely $600 wasted. I don't know anyone who could afford to do that. I'd rather be told by a professional that it wouldn't just be $600 down the toilet.
TracyTNFemaleUnited Kingdom2009-11-16 16:00:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (robbyrob @ Nov 16 2009, 02:40 PM) <{POST_SNAPBACK}>
I agree get yourself a good immigration lawyer, one who only deals with immigration and get that I-751 in to them asap even if it is late.


Preferably family based immigration. Employment based immigration lawyers may not understand all the nuances of this situation.
TracyTNFemaleUnited Kingdom2009-11-16 15:44:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (PKitty @ Nov 16 2009, 12:09 PM) <{POST_SNAPBACK}>
The attorney didn't provide a basis, but she was re-assuring and said that there was no reason to worry about deportation since we are not engaging in fraudulent behavior and that we are still married. She said our only option was to re-file and asap for a permanent (10 year) green card. She sent me the G325A form.


Shows you what your attorney knows - more like DOESN'T know...!

Personally I'd get another attorney - one who actually knows what they're doing - and see what they say. I don't think a new I 751 does you any good because you've already been denied. But I'm not an attorney. Though I'm not sure the first one you had should call herself one either.
TracyTNFemaleUnited Kingdom2009-11-16 14:39:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
Yet another attorney screwing someone up! Too bad you weren't an avid reader here or you would have known that USCIS won't necessarily send you a notice (we got one but that does NOT seem to be status quo). Not to mention you may have had a better grasp on the overall process itself - and would have known there was a 'step' between the GC and naturalization.

I'm curious - how does this genius attorney suggest that you 'reapply' for a green card? On what basis and using which forms?

Edited by TracyTN, 16 November 2009 - 01:03 PM.

TracyTNFemaleUnited Kingdom2009-11-16 13:02:00
Removing Conditions on Residency General DiscussionI751
http://www.visajourn...p;page=751guide
TracyTNFemaleUnited Kingdom2009-12-02 14:53:00
Removing Conditions on Residency General DiscussionWhat to do with a green card I no longer need?
Personally I'd do what I could to stick it out and apply for citizenship - if there's even a slight chance you may one day want to come back to the US.
TracyTNFemaleUnited Kingdom2009-10-12 15:41:00
Removing Conditions on Residency General DiscussionA LITTLE CONFUSED
This happened to us. We got the approval via snail mail, then the next day, an email that the card production was ordered. 2 days after that, another email saying we'd been approved.

The only thing you can count on with the USCIS' email system is that it's not reliable.
TracyTNFemaleUnited Kingdom2009-12-03 12:59:00
Removing Conditions on Residency General Discussionreceive letter requiring to file 751 but already filed
I wouldn't bother. If you've had your fingerprint appointment already, you're well into the system as you should be.
TracyTNFemaleUnited Kingdom2009-12-04 09:13:00
Removing Conditions on Residency General Discussionreceive letter requiring to file 751 but already filed
Wouldn't be concerned. With USCIS, left hand typically does not know what right hand is doing...
TracyTNFemaleUnited Kingdom2009-12-04 08:42:00
Removing Conditions on Residency General DiscussionTravelling outside of US / Getting a new job while my conditional Green Card is expired
I'm not sure what else you can give them. Even if you went to an Infopass appt, I'd be surprised if they stamped your passport given the fact that you've received the extension letter.
TracyTNFemaleUnited Kingdom2009-10-19 13:00:00
Removing Conditions on Residency General DiscussionLate I-751 was APPROVED AND EXTENDED!!!
QUOTE (thesnowman @ Dec 8 2009, 01:23 PM) <{POST_SNAPBACK}>
I also late filled (about 2 months late). I initially sent in my packet, but they rejected it as I didnt file within the allotted time. So I resubmitted with a letter explaining my tardiness. I then got my NOA1 which extended my status by 1 year. However I never received my Biometric appointment and I was getting worried that my lateness was causing problems, thankfully though I got my approval letter yesterday.


You got approved w/out a biometrics appointment?
TracyTNFemaleUnited Kingdom2009-12-08 14:24:00
Removing Conditions on Residency General DiscussionLate I-751 was APPROVED AND EXTENDED!!!
QUOTE (Upsidedown @ Dec 8 2009, 01:08 PM) <{POST_SNAPBACK}>
Bah, Semantics... I was too excited to use the proper word lol. I guess I should have said "ACCEPTED" instead of Approved. Thanks guys, I'm still super excited that I'm legal again (For now lol)


You'd be surprised how semantics can get confusing real quick when talking about immigration issues. Sort of akin to people saying their visa has been approved, when in fact, only the petition has been.

I'm glad you're still 'legal' too, but it will take a little more time to find out if they accept your reason for filing late.
TracyTNFemaleUnited Kingdom2009-12-08 14:16:00
Removing Conditions on Residency General DiscussionLate I-751 was APPROVED AND EXTENDED!!!
That just sounds like a NOA1, not an actual approval. How long ago did you send your application?
TracyTNFemaleUnited Kingdom2009-12-08 08:36:00
Removing Conditions on Residency General Discussionwrong name
I'd point it out at the bio appt.
TracyTNFemaleUnited Kingdom2009-12-08 12:31:00
Removing Conditions on Residency General DiscussionMy ROC Nightmare
You just file your N 400 and wait. Often, people have had their I 751s approved on the same day as their naturalization interview. It sort of 'forces it to the surface', if that makes sense.
TracyTNFemaleUnited Kingdom2009-12-11 08:09:00
Removing Conditions on Residency General DiscussionMy ROC Nightmare
Filing for natz when you're eligible will force adjudication of the I 751. I would focus on that and forget about the ROC. As long as you have something to prove that your status is valid while you wait on natz, I wouldn't be bothered.
TracyTNFemaleUnited Kingdom2009-12-10 09:25:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
Oh right - sorry!
TracyTNFemaleUnited Kingdom2009-12-09 16:16:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
There's an example affidavit here: http://www.visajourn...p;page=examples
TracyTNFemaleUnited Kingdom2009-12-08 14:26:00
Removing Conditions on Residency General DiscussionStarting to Remove Condition what forms
http://www.visajourn...p;page=751guide
TracyTNFemaleUnited Kingdom2009-12-21 10:20:00
Removing Conditions on Residency General DiscussionI-751 denied because USCIS "didn't receive additional evidence"
QUOTE (sputnik @ Dec 23 2009, 10:17 AM) <{POST_SNAPBACK}>
Sorry to confuse you. Maybe this will help.

I-751 filled as married living together.
While file is pending we divorce. (married for 3+ years, 06-09)
Hired lawyer and I submit I-751 alone with support docs.
I-751 Response received, need additional support documents, must reply within 30 days, if nothing received within 30 days petition auto. denied.
Within 30 days, additional support docs sent.
Received Denied I-751 "failed to respond with additional support docs"
Lawyer contacts local office asking to re-review my case with additional support evidence, provides tracking info that my evidence arrived on time.
As of right now, local office reviewing my denied case with additional support evidence that they claimed never received.

Hope this resolves any questions.


That makes it clearer, thanks. I'm sure others followed along but I was lost (pregnancy brain??). laughing.gif
TracyTNFemaleUnited Kingdom2009-12-23 11:22:00
Removing Conditions on Residency General DiscussionI-751 denied because USCIS "didn't receive additional evidence"
QUOTE (sputnik @ Dec 22 2009, 09:30 PM) <{POST_SNAPBACK}>
At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied tongue_ss.gif
Once again, Merry Christmas people !!!


I'm confused. Your thread title and the post I've quoted make it sound like they denied you because they didn't think you responded to the RFE. In another post, you said they denied you because what you did send with the RFE response wasn't adequate proof of a legitimate marriage. Which is it? It makes a difference when you're trying to fight their decision. Though I assume your lawyer knows which it is.

Edited by TracyTN, 23 December 2009 - 08:30 AM.

TracyTNFemaleUnited Kingdom2009-12-23 08:30:00
Removing Conditions on Residency General DiscussionI-751 denied because USCIS "didn't receive additional evidence"
If you have a lawyer on the case, that's really the best thing you can do. Having proof that you sent the documents they asked for should go a long way. I'm not sure what other advice we can give you that your lawyer hasn't already (in fact, he/she is bound to give you better advice anyway).
TracyTNFemaleUnited Kingdom2009-12-22 13:18:00
Removing Conditions on Residency General DiscussionPoll: VSC removal of conditions?
smile.gif No worries - just wanted to spare you the grief of the tally process!
TracyTNFemaleUnited Kingdom2009-12-23 14:28:00
Removing Conditions on Residency General DiscussionPoll: VSC removal of conditions?
When creating a new thread, you should see a 'Poll Options' hyperlink (underneath the 'topic description' window) which walks you through it.

Try it - and I'm sure a mod would delete this thread for you. smile.gif
TracyTNFemaleUnited Kingdom2009-12-23 14:04:00
Removing Conditions on Residency General DiscussionPoll: VSC removal of conditions?
You could have made the post an actual poll - would have spared you from tallying it all up. smile.gif
TracyTNFemaleUnited Kingdom2009-12-23 13:53:00
Removing Conditions on Residency General DiscussionOn the verge of a divorce .. Need Help VJ'ers !!
QUOTE (Chica Yeyé @ Dec 22 2009, 01:04 PM) <{POST_SNAPBACK}>
True sister Tracy. I was just wondering if divorce or separation was on the works.- if I remember correctly, there has to be a paper trail, right?


Not to my knowledge, unless I've read things wrong. Plus not every state requires a separation (Tennessee certainly doesn't). I thought the only paper trail needed was proof of your bonafide marriage.
TracyTNFemaleUnited Kingdom2009-12-22 14:10:00
Removing Conditions on Residency General DiscussionOn the verge of a divorce .. Need Help VJ'ers !!
See my post above. You don't even have to have the final divorce decree anymore before you file.

http://www.ilw.com/a...9,0924-lee.shtm

ETA never mind.

Edited by TracyTN, 22 December 2009 - 02:06 PM.

TracyTNFemaleUnited Kingdom2009-12-22 14:02:00
Removing Conditions on Residency General DiscussionOn the verge of a divorce .. Need Help VJ'ers !!
Moving to removing conditions forum.

Essentially, the evidence would be the same as if you were still married when filing. The guide gives you a good idea of what sorts of evidence you can use.

http://www.visajourn...p;page=751guide

You can even file if your divorce is not yet complete at the time you are 90 days from your GC expiring. USCIS will simply issue an RFE for the final divorce decree, giving you 87 days to respond to it.
TracyTNFemaleUnited Kingdom2009-12-22 14:00:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
The OP did call and was told the package had insufficient postage (see post 11). smile.gif
TracyTNFemaleUnited Kingdom2009-12-23 14:06:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
I'm sorry folks, but there's no reason to keep harping on that the USPS format the OP chose to send the package with is worthless. MANY of us - myself included - sent the package USPS with delivery confirmation to VSC and they were delivered without issue.

The OP did nothing wrong by choosing the method he chose. He just encountered a plonker somewhere along the line. I'm sure he knows there are other methods available to him and it's up to him to decide how to go the second time around. But I see no problem with what he did.
TracyTNFemaleUnited Kingdom2009-12-23 13:10:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Ian + Anne @ Dec 23 2009, 09:11 AM) <{POST_SNAPBACK}>
#######, mine came to just over $5 Certified Mail and got there OK ! I'd go see a manager at the post office where you posted it from and complain and get them to resend at no extra cost to you for their mistake.


That's not a bad idea.
TracyTNFemaleUnited Kingdom2009-12-23 11:22:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
That is freaking ridiculous. What's the point of going to the window if they're not going to calculate the postage correctly?? I would have them do it again and then add a dollar to it. Sheesh!!
TracyTNFemaleUnited Kingdom2009-12-23 09:51:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
I guess it's possible that someone miskeyed the online update. Meaning it should have been showing 'delivered' but they put in 'returned to sender' by accident. I guess all you can do is see if you either get a package back or a NOA1. I'm sure calling USPS would be pointless- they'll probably just tell you what is on the online update.
TracyTNFemaleUnited Kingdom2009-12-23 08:56:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (Hany S @ Dec 23 2009, 07:30 AM) <{POST_SNAPBACK}>
Important things Jst Use . DHL or Fedex


People use USPS all the time for USCIS mail - is rarely a problem. But there are always exceptions...!

To the OP - it sounds like there was some plonker processing mail in St Albans that day. What a crock! As you have a tracking number, I would think there's a very small chance it will get lost on its way back to you. But then you're in the situation of trying to figure out whether or not to send it back via USPS or try FedEx. Sheesh. rolleyes.gif
TracyTNFemaleUnited Kingdom2009-12-23 08:51:00