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If I751 denied, EAD is not necessarily extended

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  • If I751 denied, EAD is not necessarily extended

    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    If a jointly filed I751 is denied based upon a finding or misconduct on the part of the alien, and alien then chooses to file an I751 waiver, if aliens' temporary Green Crad stanmp expires the BCIS may or may not choose to extend it until the adjudication of the waiver.

  • #2
    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.

    If a jointly filed I751 is denied based upon a finding or misconduct on the part of the alien, and alien then chooses to file an I751 waiver, if aliens' temporary Green Crad stanmp expires the BCIS may or may not choose to extend it until the adjudication of the waiver.

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    • #3
      Swiss...

      You are doing a very good job here.... But please please please ... my request .... Combine all posts and make one ...no matter that will be little mess ... but it will be way easy to follow all topics and replies...can u do this for me please...? Pasha

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      • #4
        Immigration Judge should authorize to have alien's passport stamped with I-551 extending status until cases is decided.

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        • #5
          That means even after denied joint petition alien can take a second chance and file waiver right a way ... is that correct?

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          • #6
            Pasha:

            You may wish to check on this to see if I am right, but my opinion is that alien can choose either joint petition or to file it alone under waiver. I am not sure that he or she can see if joint is approved, and when it is denied then go for a waiver.

            I think the case is that if joint is denied, alien can appeal the decision thru Immigration court.

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            • #7
              Ok guys ...

              This is really interesting .... First person A files joint petition.... Separates from spouse... Doesn't do anything and just waits if his joint I 751 gets approved .... If it does then he/she is lucky...no more hassles...if not he/she can always file waiver even if joint is denied , and can again wait for that... if that one is denied also...can go before IJ .... And take a chance ...if that doesn't work there is always insured scenario through second wedding to another USC... this is something really liberal .... At least at some point if alien is smart ...he/she will get through this .... Pasha

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              • #8
                Basically that's my case scenario except for the fact that I would not get married again as an insurance policy as Mike would say...

                My joint I-751 is pending and divorce is not final, I will try to delay divorce even more by asking judge for continuance, if granted I might have joint approved without interview, if not stipulate divorce and file waiver I-751.

                If extension in divorce is not granted then filed waiver I-751, if not approved by USCIS then request review of decision and try to get it approved with IJ, if IJ denies too, then appeal to BIA, and then if BIA denies too take it to Supreme Court.


                However, if I would not have come to this site I would not have learned all of this, before I was thinking of playing all my cards to get Joint I-751 without interview and if divorce occurred in the middle do not let USCIS know, however the first thing I learned and the most important is that USCIS would find out at the time of n400 and will be deported, and the other is that if I was called for an interview I would only trust on bonafide waiver when in reality I qualify for extreme mental cruetly too...

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                • #9
                  Aguila ...

                  I wrote in general I didn't even realize that yeah ...u r right ... now here ... no offense ...attack at all...but want to ask you something just for my own knowledge and satisfaction ... if BCIS finds out that divorce is in process and alien doesn't inform them abt it ... will that be fraud ? Technically you are still married ...but for the matter of the fact divorce proceedings have been started already for long... how will BCIS look at this...? Plz don't take me in a wrong way...just asked coz want to know...what are their policies in this ?

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                  • #10
                    Pasha:

                    I'll answer that. In terms of law, the divorce proceedings are not germaine just the fact that the marriage is still in place and not terminated.

                    However, if BCIS finds out you are in divorce proceedings and later you file joint I751 with estranged spouse - that does make a difference. That's why I was so angry with my husband that he led me on- I signed the I751 jointly then he left. The joint 751 is the couple's affidavit that the marriage in ongoing.

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                    • #11
                      Swissnut ...

                      I m really confused and can't choose a single view to support.... U r right...now lot of other posts I read on this and other boards .... If you are just separated and your have ur joint I -751 that is really not a problem at all...but what I don't know is if your divorce is already ongoing in competent court ...and u are waiting for approval of joint I -751 ...what will be the case ? I hope if SAMMY read this and might answer to this question ....
                      Now your original post ... if joint is denied alien can file waiver ... even during divorce process couple is still married ...there is no question or confusion abt it ... but how will BCIS behave if they find out ...divorce is in process ... no further update from alien/USC .... I want to know legal answer to this....even if BCIS finds out abt it from any source in future....

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                      • #12
                        Pasha:

                        Nowhere in the LAW says that alien must notify USCIS after filing joint I-751 if divorce proceedings are started...

                        They could probably accused me of witholding information, but I have filed my AR-11 and wrote them regarding my change of address. I haven't done anything unlawful, if I wouldn't notified changes of address then they will probably would have a stronger argument, but legally speaking the marriage stills in place and that 's what it matters for them.

                        If would write them to let them know that I am in divorce proceedings they will probably even look at it since they don't even update my address, also it would jepordize my case and would not help me in anything since I do not have divorce decree...

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                        • #13
                          Thanks aguila ..

                          That's what I wanted to know that there is nowhere written about it to inform BCIS abt ongoing divorce ...

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                          • #14
                            Pasha:

                            USCIS cannot find about divorce proceeding, they can find out if a divorce judgement has been entered or not...


                            'never volunteer information with USCIS unless asked' that's the golden rule!

                            You are WRONG, alien cannot file waiver if joint is denied and couple is in divorce proceeding, alien would be put in removal proceeding and then IJ must grant alien continuance in order for alien to have divorce decree in hand to file waiver, however if alien applies under battered/extreme mental cruelty alien can file regardless of marital status.

                            Also remember when USC signed Joint I-751 is because alien consented and supported that conditions should be removed from alien immigration status.


                            Now in my case I think they should give me a break or be more light with me because I have been waiting for a YEAR on my pending joint I-751, I think they must use another criteria when waiver I-751 is filed after a joint was properly filed and has been pending for a significant amount of time...

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                            • #15
                              Aguila ...

                              Thanks for reply... we all know eligibility criteria with different waivers...that matter is too behind for us as we have been doing lot of research on this topic...yes without divorce decree no one can file good faith waiver...we all know that...but they can file battered spouse waiver right a way if joint is denied right ? If yes then Swiss (and that lawyer) is right in her original post...that any alien can file a waiver if joint is denied ... Pasha

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