i received my biometric notice for i-751 waiver app i mailed by fedex on 6/29/07 and i checked case status on lins and it states..approvel notice sent.. wow..what is wrong with this picture. my original i-751 joint after divorce was approved in sept 04. .but the weired thing is notice date is 9-1-07 but approval date is 11-4-2004 and receipt date is 7-17-2007..what to believe. customer service guy was of no help..he wants me to mke infopass and see i.o....did any body else got similar approval in email for i-751 and what is the authtication..any way i am going for biometrics
Today I went for Infopass. At the main information room, he checked my record and immidiately gave me a yellow paper to fill and go Non Immigrant Visa Section at 8th Floor in NYC. There I gave them my passport and my Recipt Notice and waited for one hour. At the end she called me at the window, gave me a One Year stamp in the passport. When asked what she makes of the status online report, she states "Oh, that is lying on my desk and she shows me about 20 pages of print outs she has on me". When I ask if I was approved or not, she tells me "I Can Not Say, ask the Judge at your hearing on Oct 31". It seems that USCIS does not want to give any concrete information untill the case is pending at EOIR. But judge states that he will terminate the removal p[roceedings if my I-751 waiver is approved by CIS. In my opinion, I shall take the online status approval to IJ and show him that and have him reinstate my previous ten year card and simply terminate the proceedings. Can we make such a motion? any comments.
You will find out the status of your case at the hearing in front of the IJ. Online does not matter, He will have your file in front of him. If it is approved, then you are fine., If it is not approved, then you will have a chance to present your case to him as to why you should be approved, and it better be something more concrete than an online approval notice. Just make sure you have all documentation to date that supported your marriage and an explanation as to why you did not report that you had seperated and divorced.
Well Im glad u went for infopass. it least u know a few things now.
Thanks for your reply. In my case, the BIA has setup the procedure. The case has been remanded back to USCIS to adjudicate. Once USCIS decides on the merits of the case, than the case is either simply terminated by IJ if approved by USCIS or heard in a full court hearing on the merits if denied by USCIS. If USCIS denys the case, than IJ will step in and see what evidence I had submitted. IJ will not look at evidence, but simply continue the case unless decided by USCIS. At my nexy hearing the USCIS trial counsel will probably have the information on online approval fiasco or sometimes they ask for more time to research the case as they are not usually prepared most of the time
But I doubt very much that the IJ will continue your case if USCIS denys without any hardcore evidence of fraud etc.or If you do not ask for a continuance . IJ will most likely adjudicate your case right then and there if he thinks USCIS are being b utt h oles. USCIS can then appeal decision by IJ.
Thanksfor your prompt reply. The USCIS essentially had approved my previous joint petition without interview. Now I have submitted new I-751 waiver application. I submitted an exact copy of previous evidence with divorce decree as additional. Do you think I aslo submit all tax returns after the divorce until now, or they are irrelevent and only tax returns filed during marriage are relevent
Only evidence relative during marriage , and joint tax returns.
If your joint petition was approved without interview, your evidence was fine then. and I am sure you will have your approval.
I o was just not allowed to tell you b/c you have to wait to hear in Immi court. the only issue they may try to make is that you tried to commit deliberate fraud by not making them aware of the divorce and seperation. I hope the timeframe that you were waiting to be approved was a long one .
Of course your response is to feign stupidity and that you had no idea that you did anything wrong.
Just please make sure you come back to the board to let us know the final outcome.... Granted that you can of course.... JUST KIDDING
some one sugegsted that I shall write to VSC with subject line CASE ENQUIRY and I shall get an answer in 30 days. Has any one tried this before and did it work to their satsifaction.
Honestly, Although I tried to get as much info about my situation back in 2004 and had lawyers, they never informed me that I shall not get divorced while I-751 is pending, even after 6 months of filing. I got divorced after 9 months and I-751 was approved after 11 months of filing.
The IO at infopass was referring to the Receipt Notice which states all standrd requirements for I-751. I already submitted with my original app. Why I have different receipt numbers of check and the actual Notice of Action> The NA has any thiong to do with 2004 approval.
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