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751 - Status terminated & extended ??

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  • 751 - Status terminated & extended ??

    I need some advise fast. I was divorced and hence did not apply for 751 until I got my decree. As soon as I got the decree from courts (3 months after the 2 year anniversary), I applied for the I-751 waiver. Since then I got the NOA whic extended my GC stamp on my passport by one year.

    Today I decided to get another stamp on the passport since I will be travelling out of the country for business. I asked my lawyer to get it done for me, and she gave me some bad news. She said taht the immigration officer told her that two weeks prior to when I applied for the waiver, my status was terminated !...

    Now I am totally confused which is true. My lawyer suggests that I let nature take its course, it will probably go to a judge where we can explain the situation.

    I want to know if anyone else has gone thru something similar, and what are your thoughts. I do really really need to travel for business or it may cost me my job.

    Thanks.

  • #2
    I need some advise fast. I was divorced and hence did not apply for 751 until I got my decree. As soon as I got the decree from courts (3 months after the 2 year anniversary), I applied for the I-751 waiver. Since then I got the NOA whic extended my GC stamp on my passport by one year.

    Today I decided to get another stamp on the passport since I will be travelling out of the country for business. I asked my lawyer to get it done for me, and she gave me some bad news. She said taht the immigration officer told her that two weeks prior to when I applied for the waiver, my status was terminated !...

    Now I am totally confused which is true. My lawyer suggests that I let nature take its course, it will probably go to a judge where we can explain the situation.

    I want to know if anyone else has gone thru something similar, and what are your thoughts. I do really really need to travel for business or it may cost me my job.

    Thanks.

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    • #3
      If you fail to get your conditions removed, your status is automatically terminated AS OF THE TWO YEAR ANNIVERSARY of being granted conditional status

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      • #4
        Yes listen to Mike_2007 (a great speller) instead of me in my last year of law school AND your experienced licensed lawyer ; don't know why you bother with the lawyer. Fire your lawyer, ignore my good advice and listen to Mike_2007's advice. DO NOT FOLLOW YOUR LAWYERS ADVICE; FOLLOW MIKE_2007's advice !!! I wish you as much luck as my ex-wife got.

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        • #5
          Thanks Mike. My case is strong. I have all the neccessary things plus more. Marriage last 1.5 years so i got leases, financical docs everything else they list. My lawyer seems to think its a strong case.

          Now, there was a memo that for I 751 if your in the divorce process, to then wait for the divorce decree before you apply. So I waited and that took my beyond my 2 year expiration date. Once applied, I got my one year extension in the mail.

          Currenlty I have an urgent need to travel outside of the country - i asked my lawyer to get me a stamp on my passport, when he talked to the officer about it, they said that my status was terminated two weeks prior to me filing the 751. Now my lawyer, the immigration officer and me are all confused. We could just play the waiting game to see what Immigration does wiht my 751, I have already had the biometrics.

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          • #6
            thats the proble,many people take it as not important.Which is to file your I751 application time.Its not a choice,its the law of immigration.

            Your case was a tough one because u had to wait till you are divorced...but u could have also asked immigration to extend some time for you to have your divorce decree...some do that and some officers at ins grant that...

            but i am sure the judge will gant you that,since u ONLY were late because of the divorce decree...otherwise u could not sent in your application...

            good luck...and check with your attorney

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            • #7
              do you think i should just wait it and see if ins assigns me a 'judgement day' while processing my file - or do u think i should go into an office and explain them my situation and see if they can update their records so that i can travel outside the country. i have to travel i would be at risk of losing a job if i dont. Is there a way to schedule an appt with a judge myself ?

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              • #8
                I want to go in fron of the judge at this point, explain my situation and get it all straighten out. Any suggestions on how to get an appot with a judge, can this be done pro-actively.

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                • #9
                  He must have a good lawyer that he needs advise from chat board

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                  • #10
                    When finished, Tell us who gave you correct advice, me or mike2007 please

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                    • #11
                      Do it yourself, Immigration gives you all the information/tools you need.

                      make an appointment and talk to and Immigration Officer about your case

                      http://infopass.uscis.gov//index.php

                      My lawyer created such a mess in my case that took me 2 more years to finalize something no so complicated.

                      The only thing: I wouldn't leave the country if I was you.

                      www.751.wordpress.com
                      www.i751form.com

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