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Thread: I-751 Denied - In Deportation Proceedings - Please, help if you can... Thanks

  1. #1
    Hi all,

    Thank you very much for taking the time to read this e-mail.

    The most strange thing happened to me... I got a letter from USCIS a couple weeks ago that my I-751 have been approved after almost one year of waiting and I should come to USCIS with three recent photographs and get the stamp on my passport which I did.

    Then I got another letter title SERVICE MOTION TO REOPEN + NOTICE TO TERMINATE CONDITIONAL PERMANENT RESIDENT STATUS staing that ONLY 6 days before my I-751 was approved, my wife withdrew the support of I-751 therefore as per Conclusion: "The petition is no longer considered to be joinly filed." and "IT IS FURTHER ORDERED: The prior decision of the Service is vacated."

    I just couldn't believe this after being in marriage for 4+ years in good faith, having a daughter who is almost 2 years old now and going through all this wait AND gotten the stamp in my passport under IR6 classification... I lost everything because my wife withdrew her support for I-751 - 6 days - before the removal of condition on my Permanent Residence Card.

    My wife have already walked out on me with almost everything including my daughter... She has double restraing orders against me... and I don't have money for an attorney who can represent me AND I am in deportation proceedings...

    I have never gone through this before... Should anybody be kind enough to help me by providing me some useful and authentic information to go through this then I would be greatly thankful.

    Please, reply ASAP since the time is running out...

    Sincerely,

    Disserene

  2. #2
    Hi all,

    Thank you very much for taking the time to read this e-mail.

    The most strange thing happened to me... I got a letter from USCIS a couple weeks ago that my I-751 have been approved after almost one year of waiting and I should come to USCIS with three recent photographs and get the stamp on my passport which I did.

    Then I got another letter title SERVICE MOTION TO REOPEN + NOTICE TO TERMINATE CONDITIONAL PERMANENT RESIDENT STATUS staing that ONLY 6 days before my I-751 was approved, my wife withdrew the support of I-751 therefore as per Conclusion: "The petition is no longer considered to be joinly filed." and "IT IS FURTHER ORDERED: The prior decision of the Service is vacated."

    I just couldn't believe this after being in marriage for 4+ years in good faith, having a daughter who is almost 2 years old now and going through all this wait AND gotten the stamp in my passport under IR6 classification... I lost everything because my wife withdrew her support for I-751 - 6 days - before the removal of condition on my Permanent Residence Card.

    My wife have already walked out on me with almost everything including my daughter... She has double restraing orders against me... and I don't have money for an attorney who can represent me AND I am in deportation proceedings...

    I have never gone through this before... Should anybody be kind enough to help me by providing me some useful and authentic information to go through this then I would be greatly thankful.

    Please, reply ASAP since the time is running out...

    Sincerely,

    Disserene

  3. #3
    Disserene:

    You must file a WAIVER BASED I-751 IMMEDIATELY!

  4. #4
    Do you have your divorce finalized?

  5. #5
    Thank you very much for your kind and prompt response...

    She has filed for divorce... and since I live in California... It may take long time to get that divorce...

    I really don't know what to do...

    Please, continue to help me...

    Thanks

  6. #6
    I think you will need to ask for continuance of removal and have the divorce finalized. Maybe Aguila knows how this works, but I think thats the immediate thing to do.

  7. #7
    Disserene:

    This matter has to be handled by an immigration attorney. If you don't have the money look for 'pro-bono' services, or some church that helps immigrants.

    Did they give you a date to appear in Immigration Court?

    When you get a 'Notice to Appear' [NTA] you should ask the Immigration Judge for a continuance of your removal proceedings until your divorce is finalized so you can file a I-751 waiver with the California Service Center.

    You might need to file a 'motion for continuance' rather than just asking the judge verbally. You should also get a divorce attorney to get your divorce through as fast as possible.

    Also it is very important to know in which ground has she filed for divorce? because if it is a very negative one against you, it will jeopardize your I-751 waiver, therefore it is very important know to fight your divorce fiercely. If she is claiming adultery or cruelty specially, she might be asking for an annulment even..so please tell us about your facts in your divorce proceeding as they are extremely relevant to your immigration case.

    I know that you must be really afraid to the fact that you are in removal proceedings, but don't panic, that doesn't mean that you are actually going to be removed...

    What you have to do is the following:

    [1] Get a continuance on your removal proceedings so you could your divorce finalized and file a new I-751 waiver with the CSC.

    [2] Look at what grounds is she basing her divorce action and defend yourself fiercely, or even countersue for divorce base on cruelty or something. The outcome of your divorce action has a tremendous impact on your immigration proceedings...

    My email address is : aguila@britishexpats.com send me an email there because I might have more ideas to help you out.

  8. #8
    Disserene:

    I also wanted to tell you that I know that is very unfortunate that your wife withdrew support for your I-751 ONLY 6 days before approval, but although is only 6 days, the fact of the matter is that it was withdrawn BEFORE approval, therefore you don't have a case based upon that.

    I do wonder why if it was withdrawn then they approve you, you might still want to subpoena those records to see if the withdrawal did actually occurred prior to the approval date.

    Had your wife ever threatening you with withdrawing I-751?

    Why did the marriage fail? was it your fault? or she left you? how was she able to get restraining orders against you? Did you ever hit her? Do you have any criminal history? is that daughter born out of this marriage?

  9. #9
    Thats true, you need to tell us more about those RESTRAINING ORDERS. Why were they issued against you?

    Please tell us more about this.

  10. #10
    Michael
    Guest
    HOORAY FOR BCIS ! They got one !!! It is about time these fraudsters get what they deserve !! Too bad they haven't arrested his sorry *** !

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