-751 Denied

[jewels223]

I just received a letter from the USCIS stating that my I-751 is denied and the conditional residence status is concurrently terminated. The reason is because I did not have divorce papers- which I know I'm stupid for not filing them yet but will be doing them this week. The letter notes that a Notice to Appear before an Immigration Judge will be issued and forwarded to me.

I had a lawyer help me with paperwork when I got married but was not able to afford him to help me file for this petition that was denied. I hate myself for doing it on my own since it looks like I messed it up.

I called him yesterday to let him know the decision and he said that I needed to hire him if I want to stay in the country. Can you please advise on what next steps should be for me to do? What forms? Should I just hire him again? I spent $5000 before and he is requesting a retainer agreement of up to $10K if we go to court. Also, according to the letter, sounds like I can no longer work effective immidiately. Can I still go to work until my employers get some notice? And can i work during the time that I wait for this NOA and when i request for a continuance of removal proceedings? I need to be able to work, please please help me!

[jewels223]

I just received a letter from the USCIS stating that my I-751 is denied and the conditional residence status is concurrently terminated. The reason is because I did not have divorce papers- which I know I'm stupid for not filing them yet but will be doing them this week. The letter notes that a Notice to Appear before an Immigration Judge will be issued and forwarded to me.

I had a lawyer help me with paperwork when I got married but was not able to afford him to help me file for this petition that was denied. I hate myself for doing it on my own since it looks like I messed it up.

I called him yesterday to let him know the decision and he said that I needed to hire him if I want to stay in the country. Can you please advise on what next steps should be for me to do? What forms? Should I just hire him again? I spent $5000 before and he is requesting a retainer agreement of up to $10K if we go to court. Also, according to the letter, sounds like I can no longer work effective immidiately. Can I still go to work until my employers get some notice? And can i work during the time that I wait for this NOA and when i request for a continuance of removal proceedings? I need to be able to work, please please help me!

[ProudUSC]

Hi Jewels and welcome,

Take a look at this thread:

http://discuss.ilw.com/eve/for...41/m/70410852641/p/2

It is about a situation similar to yours and the poster refiled his I-751 and ultimately got approved. Your mistake was filing the petition without proof of your divorce. Try refiling. Lots of luck to you.

[SonofMichael]

Pay the retainer immediately !!!

[federale86]

Too late to refile. You are already in proceedings. To refile, you must do that before your file was forwarded to the immigration court.

[jewels223]

So there is nothing I can do at this point other than hire the lawyer? What is the point of hiring him then?

I read the other posting http://discuss.ilw.com/eve/forums/a/...0410852641/p/2 (THANK YOU ProudUSC) and if I'm digesting it right, sounds like he was able to file it again.

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jewels223:
So there is nothing I can do at this point other than hire the lawyer? What is the point of hiring him then?

I read the other posting http://discuss.ilw.com/eve/forums/a/...0410852641/p/2 (THANK YOU ProudUSC) and if I'm digesting it right, sounds like he was able to file it again. </div></BLOCKQUOTE>

The situation sounded very similar to yours, Jewels. However, I'm not a lawyer - just someone who trys to help out here and there. Could you consult with another attorney (just pay a consultation rate) to see which way you should go? It would be devasting to hand over another $10,000 only to have your case denied again.

[Brit4064]

Show the divorce papers to the judge when you have your hearing along with all your other I-751 application evidence. You might be able to get him or her to cancel your removal and get your 10yr PR card. A lawyer would be helpful in your situation.

[SonofMichael]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jewels223:
So there is nothing I can do at this point other than hire the lawyer? What is the point of hiring him then? . </div></BLOCKQUOTE>

Because Lawyers are the champions of freedom and the safeguards of liberty. It is your civic duty !

[MakeItRight!]

How could anyone in this situation leave out divorce decree?????

Proof! Paperwork! All, All, All, ALWAYS! It is your life you are fighting for!

[dev199108]

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