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Thread: Please Help! I-751 denied due to abandonment - never got notification of appt.

  1. #1
    Hi,
    I've filed I-751 for Removal of conditions on Permanent Resident Card in time (90 days before expiration), am still happily married etc. I received a Notice of Action telling me I would receive a ASC appointment notice. 4 months later I receive Notice of Decision, which states my petition has been denied due to abandoment - I was aparently scheduled to appear for fingerprinting on 12/30/09! I never received any notification of this appointment.
    I am freaking out! Calling the service center is of course a nightmare - everybody tells you different things to do. I've been advised to file I-290B motion to reopen/reconsider. It costs $585! An attorney costs $1500, at least.
    I am now a month and a half after my conditional resident status/Green Card expired. Could I still file I-751? Is there any way at all to not have to pay for the same application twice, when I never received any information about my scheduled appointment? Anybody have any experience with this?

    Help will be greatly appreciated.
    Thanks

  2. #2
    Hi,
    I've filed I-751 for Removal of conditions on Permanent Resident Card in time (90 days before expiration), am still happily married etc. I received a Notice of Action telling me I would receive a ASC appointment notice. 4 months later I receive Notice of Decision, which states my petition has been denied due to abandoment - I was aparently scheduled to appear for fingerprinting on 12/30/09! I never received any notification of this appointment.
    I am freaking out! Calling the service center is of course a nightmare - everybody tells you different things to do. I've been advised to file I-290B motion to reopen/reconsider. It costs $585! An attorney costs $1500, at least.
    I am now a month and a half after my conditional resident status/Green Card expired. Could I still file I-751? Is there any way at all to not have to pay for the same application twice, when I never received any information about my scheduled appointment? Anybody have any experience with this?

    Help will be greatly appreciated.
    Thanks

  3. #3
    Is living in America worth $585? That is the question.

  4. #4
    Hi ssvaejoh and welcome,

    have you moved since you filed I-751? Is the address on the form correct?

    In your place, I would make an infopass appointment with local office and try to explain to them that I've never received the ASC notice. They may be able to look up when it was sent.. see what they say. I would also have my USC husband going with me...

  5. #5
    Never changed my address.
    I made an appointment to go to the local office already, and my husband is of course coming with me.
    It is extremely frustrating that they seem to have absolutely no burden of proof in this kind of matter. They must have a record of having sent me a notice. Or are they just thinking let's get another $585 from her. The integrity of the USCIS is questionable.
    Anybody have an idea how long a mortion to reopen/reconsider takes?
    I'm not considering a lawyer - they charge $1500-2000 for this kind of case. And when you are legally married, you shouldn't need a lawyer. There should be a system in place to help.

  6. #6
    Sorry, meaning no, I haven't moved since filing. I've received the notice of action and the notice of decision to this address.

  7. #7
    You could try a file a Motion To Reopen (MTR) and say that you haven't moved address or you could re-file a I-751 again and ask for the fee to be waived because you never received the NOA and you haven't moved address. Good luck either way.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ssvaejoh:
    Sorry, meaning no, I haven't moved since filing. I've received the notice of action and the notice of decision to this address. </div></BLOCKQUOTE>
    Did you travel outside the US?
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    Is living in America worth $585? That is the question. </div></BLOCKQUOTE>

    no, it's not... look what's going on in here... all retailers dropped their prices - and so must the USCIS...

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ssvaejoh:
    Sorry, meaning no, I haven't moved since filing. I've received the notice of action and the notice of decision to this address. </div></BLOCKQUOTE>
    Did you travel outside the US? </div></BLOCKQUOTE>

    I did travel to Norway when my grandfather passed away, but this is not relevant to the case, as I still had my conditional resident card, and the notice of action extending it with a year and I am allowed to travel with these things.

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