ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 9 of 9

Thread: Can we apply the third time for removing conditions?

  1. #1
    I came to the US on a spouse visa December 2004. September 2006 we applied for removing conditions, send out all the paperwork, with photos, friends' affidavits and so on. I received a letter which said that my original Green Card was prolonged for one year, and that they were processing my case. We waited some, then, in April, a letter arrived, which said that we did not supply all the necessary papers, or so we believed. It said that we could "appeal", so we send the paperwork with even more evidence. Waited again, December 2007 they denied me. Now we got a lawyer, and he said that we should apply to removal of
    conditions again. So, December 3 2007 we sent new removal of conditions application. I, again, got one year extension. Then we had
    a child. It was all very hectic, but the story repeated itself: I was denied this application, we appealed again March 2008, it was denied
    last week. And only now we understood why: I never went to my biometrics. I do not know how the letter was lost twice, it seems, or maybe never sent? We decided to apply again, my third removal of conditions, and this time I will get my biometrics. We just do not understand if it's possible to apply again, or should we do something else? Can they decided that it was "neglect" or something? Like we were playing games with them and were not serious.


    Please, do not post any mean remarks and comments. We really blundered, and were not bright in noticing this biometrics thing, and believed we did not send much evidence, we were just not used to this process, and anyone can make mistakes.

  2. #2
    I came to the US on a spouse visa December 2004. September 2006 we applied for removing conditions, send out all the paperwork, with photos, friends' affidavits and so on. I received a letter which said that my original Green Card was prolonged for one year, and that they were processing my case. We waited some, then, in April, a letter arrived, which said that we did not supply all the necessary papers, or so we believed. It said that we could "appeal", so we send the paperwork with even more evidence. Waited again, December 2007 they denied me. Now we got a lawyer, and he said that we should apply to removal of
    conditions again. So, December 3 2007 we sent new removal of conditions application. I, again, got one year extension. Then we had
    a child. It was all very hectic, but the story repeated itself: I was denied this application, we appealed again March 2008, it was denied
    last week. And only now we understood why: I never went to my biometrics. I do not know how the letter was lost twice, it seems, or maybe never sent? We decided to apply again, my third removal of conditions, and this time I will get my biometrics. We just do not understand if it's possible to apply again, or should we do something else? Can they decided that it was "neglect" or something? Like we were playing games with them and were not serious.


    Please, do not post any mean remarks and comments. We really blundered, and were not bright in noticing this biometrics thing, and believed we did not send much evidence, we were just not used to this process, and anyone can make mistakes.

  3. #3
    Hi Doit,

    Welcome. You should consult with a qualified immigration attorney. Good luck.

  4. #4
    Hello Dolt !! Most people here are very nice and helpful (such as me). I am the community leader here and I will NOT tolerate mean remarks and comments. Unless they are too an Obamamaniac.

    Do not waste money on lawyers. Most of them are crooks and counterproductive ! Remember "only criminals need lawyers".

    I would suggest to you that you make an INFOPASS appointment to go down and discuss the situation with your friendly local immigration office. Explain that you never received the letter for the biometrics appointment and please oh please reopen the case. If they reopenn the case, you will save the refiling fee and expedite the process.

    Good Luck Dolt !

  5. #5
    hello doit and welcome ,can you please post your timeline in details , you said you came to the u.s in dec 2004 on spouse visa? there is no appeal on the i-751 denials ? you mean you filed motion to reopen? (i-290b)? and how come the attorney didn't get the letter? you can file the i-751 as many times as you want as long as your living in the country but its really strange that you got denied twice and made the same mistake after they deny you the first time . so is there anything pending in the system at this point? new i-751 or motion to reopen or anything? if you want this to work out this time go ahead and get all your paper work together (joint bank account(statments),lease in both names,phone bills,utility bills,credit cards in both names,health insurance in bothj names,life insurance,pictures,letters from friends and family members) along with a cover letter explaining what happen the first time and once you get the 1 year extention make an info pass appointmrnt with your local office once every month to follow up on your case and in case if you never get their mail . make sure you include new evidence this time and dont forget anything and dont use the same lawyer if you decide to hire an attorney this time . but your case is not that complex its just a mess at this point and i dont think you need a lawyer but its up to you . you can download the i-751 form at www.uscis.gov and read the instructions very carefully before doing anything . but what did the second denial letter says? you said the first one was bcoz of the messing documents and what about the second one? bcoz u messed the appointment or what? and make sure you put your current address on the form not a different one . good luck

  6. #6
    Thank you all for nice responses.
    We do not have a lawyer all the time, just consulted a lawyer once.
    We: married abroad, applied for a spouse visa, lived abroad for almost a year, because of my husband's work. He is a USC. Arrived to the States on an approved spouse visa, December 4 2004. Had a Green card for 2 years mailed to me.
    September 2006 - applied for removal of conditions. Sent our join accounts, photos, travels, tickets, bought a house together, affidavits from friends, co-workers and so on.
    Received a letter which said that my original Green card was extended for one year,employment and travel authorised - September 23 2006.
    Waited for a new Green card in the mail, as the first one. It never arrived, in April arrived a letter which said my case was denied but we could appeal. I am not very good at legal terms, but I remember very well it was an appeal. We appealed the case. Waited till December 2007 - the appeal was denied.
    Started a new removal of conditions - December 3 2007. Since then our daughter was born, April 7 2007, so we added her as a new evidence.
    Received a letter, March 2008, that we were denied, again, but could appeal. Appealed again, last week, October 29, were denied again. Only now we got it why - no biometrics. We sent lots of evidence all the time, we never parted, and lived together all the time. What confused us, is that I received my first card in mail, and that I had biometrics when I entered (and fingerprints do not change). Second
    time we applied it dawned on us, a little, we thought they asked for the original fingerprinting, done at the embassy abroad. These things confused us.
    Now we are afraid - do not know how they call it legally - that if we apply again, they would think we are not serious, do not follow with
    the case or something. We are married since December 2003.
    Thank you all for help. Hope I did not muddle it with dates.

  7. #7
    both times they denied the case because I did not do any biometrics. I missed it twice.

  8. #8
    Hello Dolt !! Most people here are very nice and helpful (such as me). I am the community leader here and I will NOT tolerate mean remarks and comments. Unless they are too an Obamamaniac.

    Do not waste money on lawyers. Most of them are crooks and counterproductive ! Remember "only criminals need lawyers".

    I would suggest to you that you make an INFOPASS appointment to go down and discuss the situation with your friendly local immigration office. Explain that you never received the letter for the biometrics appointment and please oh please reopen the case. If they reopenn the case, you will save the refiling fee and expedite the process.

    Good Luck Dolt !

  9. #9

Similar Threads

  1. removing conditions many times
    By apply in forum Immigration Discussion
    Replies: 16
    Last Post: 02-29-2008, 01:03 AM
  2. Removing Conditions on Green Card
    By AnonymousClient in forum Immigration Discussion
    Replies: 10
    Last Post: 10-03-2007, 07:28 PM
  3. removing conditions from greencard delays
    By jpee1965 in forum Immigration Discussion
    Replies: 12
    Last Post: 10-19-2006, 01:45 PM
  4. removing conditions on conditional residency
    By sudhir in forum Immigration Discussion
    Replies: 11
    Last Post: 03-10-2004, 09:13 PM
  5. Replies: 6
    Last Post: 02-02-2003, 02:16 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: