I-751 problem

[Kira1]

Hi there,

Just a short story about my friend who needs advice: he was born in Soviet Union, came to USA, became a US citizen. He got married. Wfie obtained a conditional Permanent Resident Card. She filled out I-751, went to Russia for Christmas (December 10, 2005). Two kids (16 month-old and 4 month-old went to Russia with her - kids were born in the US, they are citizens, no problem). The problem became when the DHS sent to my friend a letter with a date of the interviews. My friend read the letter and sent this letter back to the DHS with the information that his wife is abroad so she cannot appear to the interview at the *** date and he also gave them another date that would be convinient for him and his wife. A few dys ago he got a letter that her resident card is revoked because she failed to attend the interview.

He asked a few lawyers and they advised him to fill out a new petition I-130 for his wife so she can apply for the resident card in the US Embassy in her country, and it does not take so much time if he goes to Russia and apply directly to the Embassy (not through USCIS and National Visa Center)

But one lawyer told him that the case like his is not a big deal, everything will be OK, he will just has to proove that the letter was received by ADO so they have to let her come to the US and schedule a new interview.

What do you think about it? Is it possible? A few lawyers said it was tooooo risky and could take time, but Mr Smart Lawyer says something completly different! Of course it will cost more than 5 thousand dollars but do you think it is worth? Children can come at any time but she cannot or maybe she can because she has a receipt notice (I-751) statying that she can travel for one year.

Thanks a lot for your few cents about this issue.

[Kira1]

Hi there,

Just a short story about my friend who needs advice: he was born in Soviet Union, came to USA, became a US citizen. He got married. Wfie obtained a conditional Permanent Resident Card. She filled out I-751, went to Russia for Christmas (December 10, 2005). Two kids (16 month-old and 4 month-old went to Russia with her - kids were born in the US, they are citizens, no problem). The problem became when the DHS sent to my friend a letter with a date of the interviews. My friend read the letter and sent this letter back to the DHS with the information that his wife is abroad so she cannot appear to the interview at the *** date and he also gave them another date that would be convinient for him and his wife. A few dys ago he got a letter that her resident card is revoked because she failed to attend the interview.

He asked a few lawyers and they advised him to fill out a new petition I-130 for his wife so she can apply for the resident card in the US Embassy in her country, and it does not take so much time if he goes to Russia and apply directly to the Embassy (not through USCIS and National Visa Center)

But one lawyer told him that the case like his is not a big deal, everything will be OK, he will just has to proove that the letter was received by ADO so they have to let her come to the US and schedule a new interview.

What do you think about it? Is it possible? A few lawyers said it was tooooo risky and could take time, but Mr Smart Lawyer says something completly different! Of course it will cost more than 5 thousand dollars but do you think it is worth? Children can come at any time but she cannot or maybe she can because she has a receipt notice (I-751) statying that she can travel for one year.

Thanks a lot for your few cents about this issue.

[marmaduk]

Is it possible to appeal? Yes, but it all hinges in the ability of your friend to prove that USCIS actually receive his letter. Even if there's 100% evidence that USCIS receives it, they're not obligated to grant it, this is where a good lawyer comes in handy. It could be time consuming though, as the other lawyers correctly mentioned.

I'm a bit iffy about those lawyers that mentioned about the go straight to the embassy without going through the National Visa Center method. If I understand them correctly, they're proposing the Direct Consular Filing method. AFAIK, US Embassy in Russia doesn't offer this option when the petitioning USC is not a resident of Russia.

[Kira1]

I'm a bit iffy about those lawyers that mentioned about the go straight to the embassy without going through the National Visa Center method. If I understand them correctly, they're proposing the Direct Consular Filing method. AFAIK, US Embassy in Russia doesn't offer this option when the petitioning USC is not a resident of Russia.

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Thanks for your answer.

You are right, but my friend is a citizen of Russia, the Embassy said it is not a problem (dual citizenship). He has to come to the Embassy, fill out I-130 and the processing time takes up to 2-3 months and wife will have an interview. That is correct, we called the Embassy, we also called USCIS and he made an appointment through Infopass - everyone said the same answer.

But the question is if the 'good' lawyer is able to appeal the decision so she can get her GC back? How much time does it take? Nobody is sure if the appeal will be granted, am I right?
So maybe it is better way to skip the appeal and just try in the Embassy? I know it is risky both ways but which way is safer/better in your opinion?

Thanks a lot for your help.