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I-751 Denied (never got interview date) need help ASAP

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  • I-751 Denied (never got interview date) need help ASAP

    I just found out my I-751 petition was denied, because I did not appear for a scheduled interview. I never received a letter that a interview was scheduled. Also online and at the 1-800 # I am not able to get status with my receipt number. I previously called and talked to customer care and she was not able to pull up anything on my receipt number either, but I was told that Atlanta was busy and that it would take around a year to get my interview date.

    What should be my next step? I have to go to work tomorrow, and since they are now saying that my status is revoked and I must assume I am in the process of being deported, I have no idea what to do. I am worried about losing my job, healthcare, not to mention being seperated from my spouse because of human error. I would have to assume the lack of notification was a clerical error on their part but I am unsure as to what my next step should be. Any help or information would be greatly appreciated. Thanks in advance.

  • #2
    You need to schedule an INFOPASS appointment and find out how to REOPEN your case.

    Doesnt sound good you are separated! Had you told them you are separated?

    You were supposed to file a new I-751 upon separation, if you had filed your first I-751 jointly.

    Can you talk to your husband and go to the interview with him if you are called?


    • #3
      It was poor wording on my part, my husband and I are very much together. He is in the room as a matter of fact and he was very, very upset to hear the news. Deportation might seperate us, that was what I was alluding to.

      Do you have any more information on INFOPASS, I've never used it before. I suppose it is time for Google. As it stands now, I plan on taking a personal day on Monday and trying to get in touch with lawyers, but as I said any help is very much appreciated. Thank you for the info!


      • #4
        No big deal, no one will deport your a s s especially since you are with him.

        INFOPASS is the way you get an appointment to go and speak to an immigration official. You cant just wake up and decide to go there.

        Go to:

        and get an appointment at your district office.

        The other way is to write a letter to your service center AND your district office and explain that you never got the letter and need to get an interview date again. I would have you and your husband write the letter and both of you to the INFOPASS appointment if possible.

        I would write a letter and go to the INFOPASS appointment.

        Take this issue seriously because denial of I-751 means your greencard may be cancelled.


        • #5
          My greencard being cancelled is a big concern and I think that's what they are doing to me. Here is a quote:
          "Your Alien Registration Card must be returned to this office immediately"

          It says I may request a review of this determination at removal proceedings, but apparently that is the deportation proceedings isn't it?

          I'm not just worried about being able to stay here, I'm worried because without so much as properly notifying me of my interview date they appear to be taking my green card away and that would in turn cause me to lose my job, healthcare (through my employer) and so on.

          I suppose all I can do is ask to reopen the case, but this letter seems to be telling me that I'm in dire straights. There was no warning, as I said the site wasn't updated and I was talking to a person on the phone in December who couldn't give me any more information and told me it would probably take at least a year, while my January 23 rd appointment might have already been scheduled.

          I have to assume there are some reasonable people there that would be willing to fix this, but I think there is a lot of damage that has to be undone. Sorry for the rant, I'm just very frustrated right now.


          • #6
            The problem will be fixed, dont worry very much, since you are still married and with your husband.

            Just act soonest possible to bring this case to their attention, dont waste time.

            You need to realize that USCIS has many cases to handle, so maybe theres a mistake somewhere in the notification process for your I-751 , just bring this to their attention, they will fix it.


            • #7
              Thanks! I really appreciate your help.


              • #8
                Those letters are automatically generated.
                As long as you act on time and explain the cause of your failure to appear, everything will be allright.

                Good Luck,


                • #9
                  Antifascist1, the letter doesn't seem like the others I heard of. It is hand signed not photocopied like the other letters and the text of it doesn't seem to fit what other people had previously in similar cases.

                  Lolita, I'll try a timeline and I'll also post the full letter. It will be a little long but at least this way people can see what I'm talking about.

                  On 9/12/2005 they notify me that they have received my I-751 petition and that my alien card has been extended 12 months.

                  Shortly after that I get a request for more information. I try to round up more info, but part of the problem is that my husband and I rent from his brother. No mortgage, no children and we are careful with our money. While our relationship is obvious to anyone that knows us, and we even share a tiny bed and room together there's not a whole lot of paperwork to back that up. We did send joint healthcare papers, joint bank statements, credit card statements, a letter from my husband and the brother he was renting from, several pictures of us together including wedding photos and pictures of us together on roller coasters, at the zoo, proof that we do in fact live together, so on so forth. I should have kept in mind that I was dealing with bureaucrats and not just thought that a pile of papers and photos would do the job. That was my mistake and of course I regret it immensely.

                  On November 18, 2005 we get a letter notifying us that we being forwarded to our local District Office in Atlanta to await a interview schedule date. Of course we were dismayed by this but I felt that at least with a interview it would be very difficult to deny our petition. A few minutes with my husband and myself would do what a pile of paperwork apparently can't. Show the legitimacy of our relationship.

                  In the mean time we worked to gather more papers, we tried to replace papers lost during our hurricane evacuations (we live in Mobile County) and so on. As a matter of fact just last Friday we got paperwork from Germany showing that my husband and I had joint healthcare there. I know stuff like that probably wouldn't help but we didn't want to take any chances. We were a little worried that our receipt number still didn't show up at all. We called around December and talked to someone on the phone. They tried the number as well, looked up my alien number and so on and their response was what we heard when we checked online. The date should take a year, at least. So, we didn't worry as much and just got more papers ready, expecting it to be a long wait and for the receipt number to be updated when a date was set.

                  Well, on Saturday we got a letter from Homeland Security postmarked March 16th.

                  I will now post the contents (I might omit some personal info).

                  A few things of concern to me are:
                  No receipt number is listed. All prior correspondence properly listed this, but this letter does not list it at all.

                  This letter does not seem like the ones other people got in similar cases. I fear that this is the inaction of new laws, which should not affect something filed last year.

                  This letter is hand signed in blue ink. While it might be a form letter it is still very ominous.

                  I know I might be paranoid, but this sure seems like a easy way to get rid of people now. Don't notify them, then take their green card away.

                  Finally, it bothers me a great deal that they seem to say I can't do anything about it until a as of yet unknown deportation proceeding. No date, no other way to file anything. It sounds like I have to show up to be deported, and by the time have been completely stripped of our rights before I can even try to fix their mistake.

                  On January 23,2006, you were scheduled for a interview concerning your Form I-751, Petition to Remove the Conditions of Residence.

                  You were required to appear for the processing of the petition, in accordance with the provisions of section 216(c) of the Immigration and Nationality Act, which states in pertinent part:

                  (c)(1)(B) ... the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer of employee of the Service...

                  You did not appear and did not notify the Service of any reason why you were unable to keep the appointment.

                  Section 216(c)(2) of the Immigration and Nationality Act, as amended, provides for the termination of permanent resident status for the failure to have a personal interview in the case of an alien with permanent resident status if no petition if filed, or

                  (2)(A)(ii) Unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence.

                  In that you failed to appear for the required interview, the petition must be, and hereby is denied.

                  This notice further serves to inform you that the permanent resident status previously accorded to you, is hereby terminated. All rights and privileges, which you derived from that status, including the right to reside and to work in the United States are terminated concurrently. Your Alien Registration Card must be returned to this office immediately.

                  You may request a review of this determination in the removal proceedings, If you choose, and attorney may represent you in such proceedings, at no expense to the government, or any other individual authorized and qualified to represent persons before the Citizenship and Immigration Service.

                  Sincerely yours,
                  Rosemary Langley Melvill
                  District Director"


                  • #10
                    To make long story short:

                    1. Try to contact USCIS and explain the reason why didn't you appear on interview (they didn't deny your I-751 for lack of "paper evidence", but for lack of appearance on interview).

                    2. If #1 doesn't solve the problem, then go to "deportation proceedings", appear before Immigration Judge and explain what happened and why didn't you appear for interview.
                    As long as you can show "good cause" you will be allright.

                    3. ALWAYS have proffesional Immigration Attorney to file your paperwork and represent you in any proceedings.

                    Good Luck,


                    • #11
                      Here's a update on my situation:

                      I spent a while on the phone Monday and almost everyone seemed to say the same thing. Try to get them to reopen the case, schedule a INFOPASS appointment. After a long time on the phone with USCIS I got through to a immigration officer that did verify that I can reopen my case, that I should schedule a INFOPASS appointment and that in the mean time I am indeed a illegal immigrant.

                      My appointment is for Thursday morning. I arranged things so that I can be in Atlanta all of Thursday and Friday if needs be.

                      Now, my main question now is what do I need to bring along? Of course I will bring along all relevant I-751 forms and the like but is there anything else that I need to bring or should be prepared for? I suppose I am trying to file a MTR (motion to reconsider) but is there any particular form for that or the like? Any advice in this regard would be appreciated. I don't really know what to expect.

                      Thanks again to everyone for all the help and advice. I felt much, much better after talking to the immigration officer. It did seem that they were more than willing to be reasonable.


                      • #12
                        Just take with you all the I-751 form that you sent to the USCIS along with all the evidence that the marriage was bona fide; that is, all the bills, bank and credit card statements, pictures, etc. i am positive that they will at least reopen your case (you might have to file a new I-751) or give you a new interview date. i had almost the same situation, except that in mine my ex refused to attend the interview and had to refile based on Divorce..
                        Good luck


                        • #13
                          msayoufi, sounds good. I plan on bringing everything related to the I-751 I can think of plus bringing along all my other immigration documents as well. It sounds like I just play it by ear from there.

                          Hopefully they will give us a new interview date, if not... it is still better than waiting till a deportation proceeding to get anything done.


                          • #14
                            Do you have any other immigration related questions?


                            • #15
                              Antifascist1, I don't think so. I believe I understand how the process works once I get the I-751 through (if I can).

                              Thanks a lot to everyone for the help and I'll let you all know how it goes.


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